Yes No
Share to Facebook
How Can Criminal Charges Be Fought and Won?
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..
When a person is charged, and thereby accused of violating the Criminal Code, R.S.C. 1985, c. C-46, such an experience will obviously cause great stress and concern in handling the legal process as well as worry for the possibility of penalties ranging from significant fines, the potential for jail time, and the future effects upon job opportunities, and much more.
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. 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.
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.