Can You Beat The Charges?
Criminal cases can be dismissed for many reasons.
Courts base their decisions on hard evidence and the Prosecutor must prove their case!
Here Are Just a Few of the Many Issues That Need to Be Addressed
Were Your Rights Violated?
- Did the officer have grounds for your detention and/or arrest?
- Did the officer have grounds to perform any searches of your person, vehicle or residence? Did the officer have a warrant to do so? Did you consent to the searches?
- Were you given an opportunity to retain and instruct a lawyer and were you told about this right? Did you talk to a lawyer?
- Did the police inappropriately question you before talking to a lawyer? In some cases, not being afforded a proper opportunity to talk to a lawyer might mean your charges get dropped.
- Did you get a speedy trial? Delays in Court might result in charges being dismissed.
Can the Prosecutor Prove the Offence?
- Can the prosecutor prove, through evidence presented in Court, that you are guilty of the offence beyond reasonable doubt?
- Can the prosecutor prove all the elements of the offence?
- If evidence of the offence exists, is the evidence (or are the witnesses) credible and reliable?
- Even if the elements of the offence are established, are there defences to the offence (ex. self defence in an assault case or consent in a sexual assault case)?
Canada Criminal Lawyer
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