A wrongful conviction can destroy a person’s life. Therefore, such a person must get justice in court and remain free from any kind of sentence. Thousands of Canadians are affected by wrongful arrests every year. However, proving innocence may not be as easy as it seems.
You must have a highly skilled and experienced lawyer by your side to help you get rid of the false allegations and get acquitted from the courtroom. An Edmond criminal defense lawyer can prove to be very helpful in such cases as they possess requisite skills as well as experience.
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Different types of offenses
Basic knowledge of different types of offenses may help you deal with them. In Canada, there are two basic types of offenses: summary conviction offenses and indictable offenses.
Summary conviction offenses
- Summary conviction offenses are less severe.
- Unless stated otherwise, a summary conviction offense is punishable by a fine, which is not more than $5000, or a jail sentence of not more than six months.
- A case of summary conviction offense is tried by a single judge in the provincial court.
- Trespassing, causing a disturbance, taking a car without the owner’s consent, etc., are some examples of summary conviction offenses.
Indictable offenses
- All non-summary conviction offenses are indictable offenses. The penalties and punishments for indictable offenses are greater than those for summary offenses. They can be further divided into three categories.
- Very serious indictable offenses, which include treason and murder, are required to be tried by a jury in the superior trial court.
- Offenses like theft, fraud, and some other nuisance offenses belong to absolute jurisdiction offenses, and they are required to be tried in a provincial court without a jury.
- In all other indictable offenses, the accused may opt whether to be tried by a provincial court judge, a superior court judge without a jury, or a judge of the superior court with a jury.
Legal proceedings involved in a criminal case
A criminal case legal proceedings usually involve the following.
- Information: A police officer prepares and presents information to a judge, who then issues a summons or arrest warrant against the person named in the information.
- Bail: Bail is when an accused person is released after an arrest on the basis of the promise to appear whenever called upon. However, bail may not be granted in case of some offenses like murder, narcotics trafficking, terrorism, etc.
- Preliminary inquiry: The crown is required to prove a prima facie case against the accused before the judge. Based on the evidence produced by the crown, the judge can commit the accused to stand trial.
- Trial: A trial is when the accused is tried in a court, and the authority determines matters like preliminary motions, bail, trial matters, and verdicts.
- Sentencing: After considering all the evidence related to the disputed facts, the judge can determine a suitable sentence if the accused is found guilty.
- Appeal: Either of the parties can choose to appeal against the conviction or acquittal in the Supreme Court of Canada.
How can a criminal defense lawyer help you?
It is essential to hire an excellent criminal defense lawyer who can help you in the following ways.
- Investigate the charges
- Build a defense
- Manage plea bargains
- Handle the witnesses
- Protect your legal and constitutional rights.
- Negotiate with prosecutor
- Provide you with legal advice.
