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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. 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.
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
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.