Posts Tagged 'general overview'

9 Things You Should Know Before You Plead Guilty To A Criminal Offence

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Deciding to plead guilty to a criminal charge is always a tough decision to make.  The consequences are serious enough that it should be a carefully considered decision made in consultation with an experienced criminal defence lawyer.  There are several things you must understand before pleading guilty:

  1. You must be prepared to admit that you are guilty of the offence you are pleading guilty to.  This may sound obvious but there are many people who will stand up in court ...

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I’ve Been Charged. What Can I Do To Help Myself? | Criminal Defence Articles by Tushar K. Pain

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Why me?  How could I let this happen?  If I could only go back and undo what I did.  It is only natural to engage in this thought process when you’ve been charged with a criminal offence.  Such sentiments may be echoing repeatedly in your mind.  You may even feel that you cannot stop them.  However, you must in order to help yourself.

Begin by recognizing that this thought process creates feelings of helplessness and is disempowering.  If you are ...

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The Canadian Criminal Justice System | Criminal Defence Articles by Tushar K. Pain

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Introduction

Finding yourself caught in the web of the criminal justice system can be a frightening experience.  Feelings of shame and embarrassment are common.  Beyond this, you face the prospect of being saddled with a criminal record or worse, a jail sentence.  Once you’re in the system, your thoughts turn to understanding what is happening and getting through it unscathed.  So, how does the criminal justice system operate?

Being Brought Before The Courts

Typically, this happens through an encounter with the ...

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What you should know about criminal records | Criminal Defence Articles by Tushar K. Pain

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If you’re facing a criminal charge, a criminal record is a serious concern.  A criminal record can affect immigration status, an application for Canadian citizenship, employment, and international travel.

With one exception (which will be discussed below), once you have a criminal record it is permanent unless a Pardon is granted.  For summary conviction offences (those that are considered less serious), an application for a Pardon can be made three years after the completion of the sentence.  For indictable ...

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Can I Really Trust My Lawyer? | Criminal Defence Articles by Tushar K. Pain

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A criminal charge is a tremendous burden to carry. After dealing with the initial shock and feelings that accompany being charged, you are left with the realization that action must be taken. This means hiring a lawyer. At a time when you are most vulnerable, you must place your life into the hands of a stranger. But how can you trust someone you have never met before?

To answer this question, it is important to understand the role that the ...

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Hiring a Lawyer | Criminal Defence Articles by Tushar K. Pain

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Introduction

It is often best to hire a lawyer at the earliest possible stage.  Getting a lawyer involved early on may impact (a) whether a criminal charge is laid at all; (b) the nature and likelihood of your release pending the completion of the case; (c) the quantity and quality of evidence collected by the police; (d) the number and quality of defences available to you.

Hiring a Lawyer When The Police Call

At the investigative stage (this is typically when the ...

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What Should I Expect From My Lawyer? | Criminal Defence Articles by Tushar K. Pain

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Mak is very anxious. He has just been charged with a criminal offence. He has never been in this situation before. He got caught having sex in his car with a prostitute and was charged with committing an “indecent act”. Mak met with a lawyer. The lawyer asked Mak to explain what happened during the incident. After listening for a few minutes the lawyer said, “Relax, Mak. I’ve dealt with these cases hundreds of times before. We’re gonna take ...

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Character Witnesses: Choosing Someone To Testify On Your Behalf | Criminal Defence Articles by Tushar K. Pain

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At some point in your case, you may be asked by your lawyer to produce several character witnesses. A character witness is someone who testifies in court on your behalf. This witness’ testimony is usually to the effect that you have a reputation for honesty and integrity and that you are not someone who is likely to have engaged in the alleged criminal behaviour. Evidence from character witnesses may be compelling enough in and of themselves to raise a ...

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What is a computer or Internet crime? | Criminal Defence Articles by Tushar K. Pain

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There is no formal definition of computer crime or Internet crime.  However, this type of crime may be described as an activity in which a computer or the Internet is used to further a criminal purpose.  Simply put, it’s an offence involving the use of a computer or the Internet.

The possession and distribution of child pornography are examples of crimes that can be committed with the aid of computers and the Internet. The offence of mischief in relation ...

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Make a positive impact with personal reference letters | Criminal Defence Articles by Tushar K. Pain

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Letters of personal reference are typically used in the sentencing process. They provide the court insight into you and your reputation as a member of the community. A few good letters of personal reference can make a tremendously positive impact upon your case. These letters may also be useful in other aspects of your case. To make a positive impression through letters of personal reference, consider obtaining a minimum of three.

Here is an outline for drafting a letter of ...

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