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

Defence Advocacy Services Involving Certain Alleged Criminal Offences 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.  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

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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