Criminal Law

A criminal conviction can result in all sorts of negative consequences to the accused person. These consequences can include a fine, a drivers license suspension (in the case of impaired driving offences), forfeiture of property, a jail or prison term as well as a permanent criminal record. Probation orders can contain any number of conditions. Parole as well. Criminal proceedings and in particular a criminal conviction can change your life forever. Your Burnaby criminal lawyer can help you deal with the system.

Criminal lawyers deal with all types of matters and appearances including issues of arrest, detention, bail, release, arraignment, the conducting of a preliminary inquiry if there is one, criminal trials, arranging plea bargains, speaking to sentence in the event of a finding of guilt (or a guilty plea) as well as sentencing and in many cases the later issues of release, probation and parole.

Criminal offences are generally those found in the Criminal Code of Canada. The Criminal Code is “Canada wide” and generally applies from coast to coast. There are more than 850 sections to the Criminal Code and as well there are numerous schedules and forms and a large number of regulations. The criminal law field is not for the faint of heart.

Some of the more common criminal offences in Canada are:

  • ● Possession of drugs,
  • ● Trafficking in drugs,
  • ● Conspiracy to traffic in drugs,
  • ● Money laundering,
  • ● Obstructing justice,
  • ● Failing to appear,
  • ● Assaulting a police officer,
  • ● Firearms, guns and other weapons offences,
  • ● Dangerous operation of a motor vehicle,
  • ● Impaired driving (sometimes known as “DUI” or "DWI" or “Driving under the influence”),
  • ● Hit and run,
  • ● Criminal negligence causing harm,
  • ● Assault causing bodily harm,
  • ● Sexual Assault,

There are of course many more offences such as murder (more properly called homicide) and treason and terrorism offences, but these are some of the more common.

In the courtroom, whether at trial or on sentencing, advocacy is important. The personal circumstances of the offender and the case for the defence must be brought to the attention of the judge. Where someone is acquitted or the charges are stayed, that is the end of the process. If a conviction is entered, the judge must move on to sentencing. The goals of sentencing are set out in the Criminal Code. They are designed to result in a fair and balanced sentence for all concerned. A properly prepared sentencing brief can save a convicted criminal months, if not years, of incarceration and other onerous penalties under the Criminal Code.

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