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Defending yourself if you are facing criminal charges does not stop after the trial or plea. There is also the sentencing process to navigate. During sentencing, lawyers can negotiate an agreement with the Crown, or the Court will hand down a sentence. Whatever...
There are consequences when a person breaks the law in Canada. The type and degree of penalties depend on several details, ranging from who committed an offence and the nature of the crime to the presence of aggravating factors. This last element of aggravating...
In 2013, the Government amended the victim fine surcharge law, taking away the Judges' discretion in whether to impose the surcharge. In all cases when offenders were discharged, plead guilty or found guilty of an offence under the Criminal Code of Canada or the...
Probation is a sentencing option available to judges after a finding of guilt. If an accused receives a conditional discharge or a suspended sentence, probation will always form part of the sentence. The maximum length a probation order can be is three years. A...
When someone is charged with a criminal offence, such as a domestic assault, the Crown will provide the accused, or his/her lawyer, with their position on resolution. This will entail which charge(s) they would like the accused to plead to along with the sentence they...
In many cases, an offender's main concern when being sentenced is whether he/she will have to go to jail. However, justices have other tools at their disposal when considering what an appropriate sentence might be. If an accused is convicted or discharged of a...
Diversion programs are an alternative to prosecution. It is recognition by the Crown that not all offences should be prosecuted, and that some form of community service may more properly offset the harm done to the community. Under a diversion program, minor criminal...
Section 732(1) of the Criminal Code allows an offender to serve an intermittent sentence if the sentence imposed is 90 days or less and the Judge deems it appropriate. In determining if an intermittent sentence is appropriate, the court looks at the age and character...
Fines are imposed in almost all drinking and driving cases. Recent changes to sentencing by the Federal Government have doubled the Victim Fine Surcharges (VFS) from 15 to 30 percent, and done away with the Judge's discretion - they are now mandatory. VFS is a...
