Written By: Ravi Prithipaul

Being charged with a criminal offence is a serious matter; the severe penalties that flow from a conviction can have life-altering consequences. If you or someone you care about is charged with a criminal offence, contact Ravi Prithipaul, criminal defence lawyer serving Edmonton, Fort McMurray and surrounding areas, for your defence.What Types of Charges are Possible?

The Criminal Code of Canada lists numerous offences, including homicide, physical and sexual assault, making threats, theft, fraud, criminal driving offences, and weapons charges. Offences related to the possession, production, and sale of narcotics are criminalized by the Controlled Drugs and Substances Act.

Impaired driving is one of the most common criminal charges in Canada. Over 38,000 such charges were laid in 2013/2014 according to Statistics Canada. Other commonly-laid charges are theft and common assault, which were each laid over 30,000 times in the same period.

While nearly two thirds of all completed adult cases result in a finding of guilt, some criminal allegations in Alberta end up being withdrawn without going to trial. This is why it is so important to have an experienced criminal defence lawyer. Your lawyer will ensure that you are treated fairly in the criminal justice system and will use his or her best efforts to protect your right to due process.

What If I Am Convicted?

A criminal conviction can affect the rest of your life: your ability to be gainfully employed, volunteer, be bonded and travel outside the country. Punishments vary depending on the offence and include fines, probation, weapons prohibitions, driving disqualifications, and most seriously, imprisonment.

If I am Charged with a Crime will I End Up with a Criminal Record?

It is essential to understand that the term “criminal record” has several meanings. What people often mean is a document that lists findings of criminal guilt. However, police forces also supply documents (“security” or “criminal history background” checks) that include outstanding charges, or charges that were stayed (that is, where the authorities decided to discontinue the prosecution).

With that in mind, there are several ways in which criminal charges can be resolved that do not result in a record of criminal conviction, including:

• Withdrawal (the prosecution drops the case outright);
• Stay of proceedings (the prosecution is halted, but the process can be reinstated within a year; this can happen, for instance, when new evidence is brought forward);
• Alternative measures (the accused accepts responsibility, successfully completes a diversionary program, and the criminal charge is withdrawn; the prosecution must agree to diversion and this technique is generally used where charges are minor in nature and the client does not have a record of past convictions);
• An absolute discharge (when a guilty finding occurs by plea or following a trial, but instead of a conviction being registered, the offender is discharged); and
• A conditional discharge (when a guilty finding occurs by plea or following a trial but the offender is granted a discharge that is conditional on successful completion of a probationary period).

How a Criminal Layer Can Help?

The experienced advice of legal counsel can help you navigate the criminal justice system. As your criminal defence lawyer, Ravi Prithipaul will be able to:

• Explain the charges against you;
• Explain what legal defences may be available in your circumstances;
• Identify potential breaches of your rights as guaranteed under the Charter of Rights and Freedoms which could result in the charges being dropped or thrown out;
• Gather evidence which will be useful in presenting a defence;
• Know when to hire private investigators or expert witnesses for your case;
• Suggest methods of seeking rehabilitative therapy or treatment;
• Advocate for your interests, both in and out of court; and
• Negotiate with the Crown Prosecutor to have the criminal charge withdrawn, stayed, reduced or the penalty lessened.

If you do not have a lawyer fighting for your interests, you may not be aware of a potential defence that could affect your case favourably. You may miss deadlines or find it difficult to negotiate with the Crown Prosecutor to have your case withdrawn or enter into plea negotiations. If the matter does go to trial, it is very hard for persons who are unrepresented by lawyers to present their cases in a clear manner that will assist the court in ruling in their favour.

Hiring an experienced criminal lawyer can help you achieve the best result possible, including fighting for a result that does not result in a criminal record.