How Can a Criminal Code Charge Be Beat?

Criminal Charges May Be Defeated In Various Ways Such As Challenging the Evidence Through a Strategic Cross-Examination of Witnesses For the Prosecution So to Give Rise to Reasonable Doubt That the Person Charged Is Actually Guilty.

Understanding the Defences Applicable to Various Criminal Code Charges Including Methods to Show a Reasonable Doubt

Defence Advocacy Services Involving Certain Alleged Criminal Offences 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.  The prosecution of Criminal Code matters may vary in the method of procedures involved depending on the severity of the alleged offence.  Offences viewed as the most severe, referred to as indictable offences, are prosecuted using procedures of a more formal nature. Offences viewed as less severe, referred to as summary offences, are prosecuted using procedures of a less formal nature that provides for a more streamlined overall process.  Additionally, some offences, known as hybrid offences, are selectable as either indictable proceedings or summary conviction proceedings at the option of the prosecutor acting for the Crown.

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.

Defence Strategy

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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