Yes No
Share to Facebook
Is It Difficult to Fight a Criminal Charge?
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..
A person charged for, allegedly, violating the Criminal Code, R.S.C. 1985, c. C-46, will surely suffer from the stresses and concerns involved in legal process of a criminal case while also suffering from the worry of, among other things, the potential penalties such as a sizeable fines, a possible jail sentence, an adverse affects upon future job opportunities, and much more.
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. 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, 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.