As such, you may not want to take a deal, preferring to contest your innocence at trial. However, there are some times we may think that a deal is the better option, and we will give you our honest advice, which you can choose to take or leave. In most cases, you will have the right to a trial by a jury of 12 of your peers who must unanimously vote to convict you. In some cases, you will only have the right to a bench trial before a single judge who will rule on guilt or innocence.
In the case of a jury trial, if the jury cannot come to a unanimous conclusion, a mistrial will be declared and you can technically be tried again. In the case of an acquittal, however, the case will be considered over, you will not have a criminal record, and the same charges cannot be brought against you again. We will keep your information confidential. Insufficient resources. There are only so many hours in a day, and only so much attention a single prosecutor can devote to a given case.
Sometimes, prosecutors simply have to prioritize and be pragmatic. If a prosecutor wants or needs to focus on a serious felony like murder or sexual assault , a lesser charge like a nonviolent misdemeanor might be dropped. This is especially true in cases where the defendant is a first-time offender with an otherwise clean record. New evidence arises. This might include newly uncovered video footage, DNA evidence, computer evidence, etc. Of course, this cuts both ways: new evidence might also arise which helps the prosecution instead of the defense.
The Defendant Strikes a Deal In larger cases or a case that is connected to another higher-value target, the defendant may strike a deal with the attorney to help them in exchange for dropping charges. There Was a Fourth Amendment Violation Your rights are protected under the Fourth Amendment, and if the case against you was built on a violation of it, then the prosecutor may move to drop your charges.
There Was a Procedural Violation Prosecutors and police must carefully follow a set of procedures when building a case against you. There Was a Fundamental Procedural Error As noted, prosecutors and police must follow specific procedures when building a case against you. Evidence Was Obtained Illegally If your case was built using evidence that was obtained illegally, your case might be dismissed.
Choose John F. Call Law Office Location. Get Directions. Hours of Operation. Monday: 7am - 5pm Tuesday: 7am - 5pm Wednesday: 7am - 5pm Thursday: 7am - 5pm. Our head office and processing centre is based out of Toronto , Ontario where we have over 20 years of combined proven experience in providing our clients a hassle-free service that ensures that the highest standards for trust are set and maintained!
Every one of our clients is special and so too are their needs. We take great care to make sure that your unique situation is understood and that your application is completed and presented in the best possible light to ensure the best possible outcome! You will never be asked to pay extra for expedited services because all of our clients applications are a priority.
This means that when a search is done for your criminal record, neither the conviction nor your pardons Canada will be shown on your criminal record. After obtaining a pardons Canada, your past conviction can only be seen after permission is given by either you or the Public Safety Minister of Canada.
Having a conviction on your record can lead to you missing opportunities in life. A pardons Canada recognizes that an individual has completed a sentence for a past conviction and have proven that they are law-abiding citizens.
Legislation around pardons Canada is always changing, which is why you should not wait to remove a conviction from your record.
Any future changes to the legislation can make it more difficult for people to obtain a pardons Canada. If you are planning on traveling to the United States for either business or pleasure , your Canadian Criminal Record CCR can deem you inadmissible and you can be denied entry. An Application for Waiver of Grounds of Inadmissibility is an application for legal entry to the United States made by an individual who is otherwise inadmissible on one or more grounds.
It is then reviewed by Homeland Security to ensure that you are not a threat to their society. When you are arrested for allegedly committing a crime, the arresting police officer will forward your case information to a prosecutor. The prosecutor will then choose whether or not to file criminal charges against you and initiate legal proceedings against you.
The prosecutor will need to determine whether or not he or she has enough evidence to convince the court that you are guilty of the crime. Criminal charges are usually dropped if the prosecutor or arresting officer believes that there is not enough evidence for the charge to hold up in court or that the facts of the case are not correct. In many cases, your case will be dropped if a prosecutor chooses not to file criminal charges against you after your arrest. The prosecutor may also choose to drop charges after your case is filed if he or she discovers new information that warrants the decision.
Criminal charges are dismissed, on the other hand, after the case has already been filed. Both the prosecutor and the court can choose to dismiss your case.
0コメント