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How Can a Criminal Code Charge Be 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.
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 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. 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, 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.
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
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.