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1. List Of Criminal Charges

You can't do anything to get your criminal charges dropped. It is not up to you. And sometimes the wants the charges dropped. But that doesn't matter. Often the Crown won't withdraw the charges, even if the complainant asks them to. The Crown decides if your charges will be dropped. The Crown will be more likely to consider dropping your charges if you've done things that will help you understand and stop the behaviour that led to the charges.

For example, if you've been charged with uttering threats, taking an anger management class might convince the Crown that they don't have to you. 2001 dodge stratus rt. Withdrawn charges Having your criminal charges dropped is the same as having your charges. If the Crown withdraws your charges:. you won't have to go to court anymore about the charge. you won't have a criminal record if you didn't have one before. they can't prosecute you again later for the same incident Stayed charges The Crown might also decide to your charges. If your charges are stayed, the Crown has decided not to prosecute your case for now.

But they can change their mind and start the prosecution again within one year of the date the charges were stayed. In some cases they can re-commence your prosecution even after a year passes. Factors involved The Crown might decide to withdraw charges if:. You have.

You have entered into a. The Crown agreed to drop some charges if you to other charges. The Crown decides that there isn't enough to convict you. The Crown decides it's not in the public interest to continue prosecuting you.

When you're given disclosure for the first time, you may be given a Crown Screening form. The Crown Screening form is also called a Charge Screening form. It tells you how the Crown plans to deal with your charges, including:. what kind of sentence the Crown will ask for. whether some of your charges will be dropped if you plead guilty early.

whether you've been This information will help you decide how to deal with your charges. Diversion Diversion is a voluntary way to resolve minor criminal charges. It is also called 'direct accountability'. Diversion is the most common way to have criminal charges dropped.

If you complete diversion, the Crown will stay or withdraw your charges. Plea Deal Sometimes the Crown will offer a 'deal' for pleading guilty. This can involve dropping one or more charge if you have multiple charges. It can also involve the Crown agreeing to a particular sentence.

But remember the judge makes the final decision. Usually the judge will agree with deals that are made.

Always talk to a lawyer or duty counsel before you decide to plead guilty. It's best to hire a lawyer to talk with the Crown for you. A lawyer is more likely to convince the Crown to drop some or all of your charges. If you're thinking about to your charges, a lawyer can try to negotiate the best deal possible. If you have evidence that you think will help your case, talk to your lawyer or duty counsel.

Always get legal advice before you give evidence to the Crown. The Crown can use any evidence that you give them against you. You can hire a paralegal to represent you if you have been charged with a summary offence that has a maximum sentence of:. 6 months in jail,. $5,000 fine, or. both Private Retainers Normally, a lawyer will ask you to pay money known as a retainer before they start working for you.

If you qualify for a Legal Aid certificate, you could hire a lawyer who accepts certificates instead. Legal Aid If you can't afford a lawyer, to find out what services you're eligible for. Legal Aid also pays lawyers at the courthouse, known as duty counsel, to give free legal advice to people who can't afford a lawyer.

They usually can't represent you at your trial, but they may be able to:. help you with a or a. give you information and advice. help you find out if you qualify for Legal Aid Inside the courtroom, they can:. give information to the court for you. adjourn your case each time you appear in court without a lawyer.

give the court updates about what's going on with your case when they adjourn it Duty counsel can help you find out if you qualify for Legal Aid, and what services and programs are available in your area. If you qualify financially, the Legal Aid certificate program can cover the cost of hiring a Legal Aid Ontario lawyer or a private defence lawyer to represent you. Your first package of disclosure will contain instructions on how to schedule a Crown pre- trial. The Crown pre- trial is the first chance to talk to the Crown about your case. You should schedule a Crown pre- trial as soon as you have enough disclosure to have a meaningful talk about your case. The purpose of the Crown pre- trial is to talk about your case with the Crown to:. try to resolve your charges.

ask the Crown to withdraw your charges if you complete diversion. address outstanding disclosure issues. discuss trial issues, accommodation needs (such as an interpreter), and how long the trial will take If you haven't hired a lawyer and aren't financially eligible to use duty counsel, you can ask the Crown for a pre- trial. They may speak with you in a private area of the courthouse, or in the hallway outside the courtroom. They may ask you to schedule a Crown pre- trialschedule a judicial pre-trial instead. If you have hired a lawyer, or have the help of duty counsel, they can. After the Crown pre-trial If the Crown doesn't drop your charges, you can:.

have to keep negotiating with the Crown, or to discuss trial issues and how long the trial will take. set a date for your trial. plead guilty If your case is likely to take a lot of time in court, you may need before you set a trial date. The Crown or your lawyer can ask for this.

The Judicial Process Criminal cases differ from civil cases. At the beginning of a federal criminal case, the principal actors are the U.S. Attorney (the prosecutor) and the grand jury. Attorney represents the United States in most court proceedings, including all criminal prosecutions.

The grand jury reviews evidence presented by the U.S. Attorney and decides whether it is sufficient to require a defendant to stand trial.

Burden of Proof In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant’s guilt. The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty “beyond a reasonable doubt,” which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. Pretrial At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it. Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney.

Defendants released into the community before trial may be subject to electronic monitoring or drug testing, and required to make periodic reports to a pretrial services officer to ensure appearance at trial. The defendant enters a plea to the charges brought by the U.S. Attorney at a court hearing known as arraignment. More than 90 percent of defendants plead guilty rather than go to trial. If a defendant pleads guilty in return for the government agreeing to drop certain charges or to recommend a lenient sentence, the agreement often is called a “plea bargain.” If the defendant pleads guilty, the judge may impose a sentence, but more commonly will schedule a later hearing to determine the sentence. In most felony cases the judge waits for the results of a presentence report from the court’s probation office before imposing sentence.

List Of Criminal Charges

If the defendant pleads not guilty, the judge will schedule a trial. Trial Criminal cases include limited pretrial discovery proceedings, similar to those in civil cases, but with restrictions to protect the identity of government informants and to prevent intimidation of witnesses. The attorneys also may file motions, which are requests for rulings by the court before the trial, such as to suppress evidence that could violate a defendant’s constitutional rights.

If a defendant is found not guilty, the defendant is released and the government may not appeal. The person may not be charged again for the same offense in a federal court. The Constitution prohibits “double jeopardy,” or being tried twice for the same offense.

Sentencing If the verdict is guilty, the judge determines the defendant’s sentence. During sentencing, the court may consider U. Sentencing Commission guidelines, evidence produced at trial, and also relevant information provided by the pretrial services officer, the U.S.

Attorney, and the defense attorney. A sentence may include time in prison, a fine to be paid to the government, and restitution to be paid to crime victims. The court’s probation officers enforce conditions imposed by the court part of a criminal sentence. Supervision of offenders may involve services such as substance abuse testing and treatment programs, job counseling, and alternative detention options, such as home confinement or electronic monitoring.