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
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.
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.
Circumstantial evidence may be interpreted in ways that infer a person is guilty or infer that a person is without guilt depending on reasonably plausible...Learn More
Reasonable doubt involves doubts that are reasonable and therefore when presenting theories that show innocence or an alternative to guilty, inferences must be...Learn More
The charge of assault, as a violation of section 265 of the Criminal Code may be prosecuted as an indictable offence or a summary conviction offence per the...Learn More
The charge of criminal harassment per section 264 of the Criminal Code is a serious charge with a potential penalty of ten (10) years imprisonment.Learn More
What Are the Possible Penalties For Dangerous Driving? A Dangerous Driving Charge, More Accurately a Dangerous Operation Charge, Is a Serious Criminal...Learn More
A charge of fraud per section 380 of the Criminal Code may be prosecuted as an indictable offence or a summary conviction offence depending on the specific...Learn More
Can a Paralegal Appear in Court on Matters Involving Indictable Charges? Just the Same as When a Student-At-Law May Appear on Behalf of a Lawyer, a...Learn More
The conduct of publishing, distributing, selling, or otherwise disseminating the private intimate image of another person without consent violates section...Learn More
For a conviction on the charge of theft contrary to section 322 of the Criminal Code the Crown prosecutor is required to prove that the stolen property was in...Learn More
Is It Possible to Beat a Theft Charge? Success In Fighting a Theft Charge May Occur By Raising Reasonable Doubt That a Theft Actually Occurred or By Showing...Learn More
What constitutes as a threatening statement or utterance requires an objective and unbiased viewpoint to reasonably review the context and nature of the...Learn More
The Criminal Code contains provisions criminalizing loitering or prowling near a residence at night.Learn More