How Does a Criminal Code Charge Get 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
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.
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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