Criminal Charge Defence Services Involving Various Criminal Code of Canada ViolationsPage last modified: October 21 2022
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How Can a Criminal Code Charge Be Beat?
There Are Many Legal Strategies For Fighting Against a Criminal Charge. Strategies May Include Diminishing Credibility of Witnesses For the Prosecution and Thereby Raising a Reasonable Doubt, Among Other Means..
Understanding the Defences Applicable to Various Criminal Code Charges Including Methods to Show a Reasonable Doubt
A prosecution for allegedly violating the Criminal Code, R.S.C. 1985, c. C-46, can be very stressful with concerns for the various short-term impacts such as significant fines and potential for loss of freedom and liberty in the form of jail time as well as long-term impacts such as employment opportunities and even limits upon travel outside of Canada.
The Criminal Law
The Criminal Code contains hundreds of sections that prescribe criminality to various forms of conduct. Prosecution of Criminal Code offences involve different sets of procedures that may apply depending on the seriousness of the alleged crime. The most severe offences, known as indictable offences, involve the most formal procedures. The less severe offences, known as summary offences, provide for a leaner and more efficient process. Additionally, there are some offences, which are referred to as hybrid offences, where the Crown prosecutor may select to conduct the prosecution as either an indictable proceedings matter or as a summary conviction proceedings matter.
Lawyers are permitted to provide representation in any type of Criminal Code matter. Paralegals are permitted to provide representation in most summary proceeding matters. For certain hybrid offences, paralegals may also provide representation after the Crown selects to proceed with prosecution in the form of a summary proceeding matter.
Choosing a defence strategy that best suits your criminal charge will depend upon, the specific nature of the charge, the strength or weakness of the available evidence, and the strength or weakness of testimony from the anticipated witnesses. With this said, and as applies to a case involving any type of charge, most, and perhaps all, defence strategies will focus upon poking holes in the case of the prosecution and thereby raising a reasonable doubt.
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