In short, yes. Each country has the power to control its boarders, and to make decisions about who can and cannot enter the country. For this reason, it’s critical that you contact the location you plan to visit and get information about your ability to travel there related to any convictions you may have. The [ … ]
Yes. Formerly called a “pardon,” a Record Suspension removes a person’s criminal record from the Canadian Police Information Center (CPIC) database for those who have completed their sentence and demonstrated a period of law-abiding activity following this. These waiting periods vary depending on when the offence was committed and the type of offence that was [ … ]
In short, no. A police background check will not show charges that have been stayed or withdrawn. However, there are specific situations related to vulnerable sector checks where charges that have been stayed or withdrawn may be disclosed if very specific conditions are met. In Ontario, Under the Police Record Checks Reform Act, there are [ … ]
A withdrawal of charges is separate and distinct from a stay of proceedings. The option to withdraw charges is not authorized anywhere in the Criminal Code. Rather, it is a matter of the Crown’s discretion. The Crown may choose to withdraw charges, for example, if there is no reasonable likelihood of conviction based on the [ … ]
Under Canadian law, an appeal of conviction and/or an appeal of sentence can be made by an individual who has been convicted and sentenced in a court. In limited circumstances, the Crown can also appeal an acquittal or a sentence. The Crown’s appeal rights are much more limited than an accused’s appeal rights, as the [ … ]
Generally speaking, yes, you can change your lawyer during your case, however there may be specific situations where you may have a challenge to change, or not be permitted to change, your lawyer. This article will outline the steps that are typically followed when changing your lawyer, and any challenges you may face while trying [ … ]
Choosing the best criminal lawyer who will be suited to your needs is a challenging but important task. Different lawyers and law firms specialize in different things, so it will generally be preferable to hire a criminal lawyer who regularly works in the area of criminal law that you are dealing with. Consulting the accomplishments [ … ]
Disclosure In Canada, the Crown Attorney must provide an accused with a copy of the evidence that is against them. This process is called disclosure. A Crown Attorney receives disclosure from police, whose job it is to collect this information prior to, during, and after arresting an individual and charging them criminally. It is the [ … ]
Bail, also commonly known as “Judicial Interim Release” refers to the temporary release of a person, often with specific conditions, who has been charged criminally for the period of time while their charges are processed and progress through the Court system. Bail occurs in a process outlined in the Criminal Code, and may require the [ … ]
Contacting a lawyer prior to turning yourself in will ensure that you receive adequate legal advice and information before attending the police station, so that you know what to expect during the process. A lawyer can also contact the police on your behalf and help make arrangements so that you are not abruptly arrested before [ … ]
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