Is It Difficult to Fight a Criminal Charge?

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 of Canada is a federally legislated statute that prescribes hundreds of sections that establish the criminality upon certain forms of behaviour. Prosecution of Criminal Code offences involve different sets of procedures that may apply depending on the seriousness of the alleged crime.  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.

A lawyer may provide client representation for either an indictable or a summary conviction Criminal Code case.  A paralegal may provide client representation only for specific summary conviction Criminal Code cases or for certain hybrid offences if, and only after, the Crown prosecutor has chosen to prosecute the matter as a summary conviction proceeding case.

Defence Strategy

Selecting the defence strategy that is best suited to fight your criminal charge depends upon, among other things, the type of charge, the strength or weakness of the available evidence, and the strength or weakness of testimony from likely witnesses.  Of course, regardless of the type of charge, all defence strategies ultimately aim at impairing the ability of the prosecutor to prove all elements of the charge beyond a reasonable doubt.

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