How Can a Criminal Code Charge Be Beat?
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..
Understanding the Defences Applicable to Various Criminal Code Charges Including Methods to Show a Reasonable Doubt
A prosecution for allegedly violating the Criminal Code, R.S.C. 1985, c. C-46, can be very stressful with concerns for the various short-term impacts such as significant fines and potential for loss of freedom and liberty in the form of jail time as well as long-term impacts such as employment opportunities and even limits upon travel outside of Canada.
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. Prosecution of Criminal Code offences involve different sets of procedures that may apply depending on the seriousness of the alleged crime. 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.
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.
Circumstantial evidence may be interpreted in ways that infer a person is guilty or infer that a person is without guilt depending on reasonably plausible...Learn More