Can I Get My Ontario Criminal Charges Dismissed?
Автор: NextLaw
Загружено: 2020-09-01
Просмотров: 2168
One of the most common questions we get at our law firm, is whether it is possible to get a criminal charge withdrawn, even when it appears that the client is guilty.
The answer is yes. In some cases, it is possible that a skilled lawyer can get your charges withdrawn even if you appear to be guilty
The good news is no. Once charges are withdrawn, then you walk away from the case as if nothing ever happened.
For more information, visit us at https://nextlaw.ca/charges-withdrawn where you can download a full guide and arrange a FREE call with one of our Criminal legal representatives. Understanding your rights is the first step to getting your charges withdrawn. We can help. Call us at 1-833-639-8529.
We also defend against all criminal charges across Ontario. We have affordable, zero-interest payment plans to help you hire legal representation. Call us. It's free. We will respond within a few hours to any inquiry. Get your strategy today.
Here are answers to some key questions we hear from clients about reducing support payments.
How can a lawyer can get charges withdrawn even when someone appears to be guilty?
The answer lies in something called 'the Charter of Rights and Freedoms', otherwise known as the 'Charter'. The Charter is incredibly powerful because it guarantees certain rights to everyone in Canada from the actions of the government which includes the police and the court system. For someone that faces a criminal charge, the Charter is a BIG DEAL. The Charter matters because it is designed to protect you from the actions of the police as they try to convict you on the charges they laid against you For the past 40 years, there have been 1000s and 1000s of court cases that have interpreted the details of the Charter. These cases define HOW the police can investigate the charges against you. And, critically, how the police MUST conduct themselves in every interaction with you. And, this conduct is not optional. The police have to do their job the right way. And there is a right way and a wrong way as they deal with your charges.
What impact does the Charter have one someone’s criminal case as it relates to getting charged withdrawn?
What it means is that the rules that the police & courts must follow are very specific. And, we are all human. We all make mistakes. And, so do police officers. Especially those police officers who are not experienced. They make even more mistakes than usual. And, when a police officer makes a mistake, that mistake can be fatal to the charges against you. And, if a fatal mistake is made, the charges against you can get withdrawn - even, you appear to be guilty.
What is an example where someone with no legal training would think the Police were just doing their job but in fact, were making mistakes?
Section 8 of the Charter protects you against any unreasonable search and seizure, So, 'Joe' is in a park and a police officer thinks he saw 'Joe' do something suspicious. He thinks he saw 'Joe' complete a drug transaction and put the drugs in his backpack.
The officer CANNOT simply come up to 'Joe' and demand to see what is in his backpack. He would have to have reasonable and probable grounds to believe that 'Joe' either committed a crime or was in the process of doing so.
A “suspicion” or “hunch” is not good enough. And, if 'Joe' is not under arrest, the police officer cannot search 'Joe'. Lets say the officer does search 'Joe'. And, he opens 'Joe'’s backpack and finds drugs. In this case, the police officer made a BIG mistake. The mistake he made was that 'Joe' was NOT under arrest.
So, the drugs that the police found, which is key evidence, is NOT admissible because it violated 'Joe's charter right against unreasonable search or seizure. So, in this case, even though the police found drugs in 'Joe's backpack, the charges against 'Joe' would get withdrawn.
What is another example of the Charter that could lead to getting criminal charges withdrawn?
Under Section 10 of the Charter, everyone has the right to counsel -- a right to be assisted by a lawyer. And, not just any lawyer. You have a right to be assisted by a lawyer of YOUR choice.
Why Do I Need a Lawyer to help me get my charges withdrawn or dismissed?
Most people who face a criminal charge don’t even know that the Police were NOT following the rules. And the reason why is that these rules are complex. Every fact situation is different and should be closely reviewed to see if there is a possibility to have your charges withdrawn. A lawyer has experience looking at procedure and evidence to determine if there is a chance for withdrawal of your charges.
Next Law publishes these videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.
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