FAQs
Frequently Asked Questions
You'll find answers to commonly asked questions here. To discuss the matter further, contact Lisa directly.
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Can a past altercation be used against me in an Assault case?
Yes, previous altercations or incidents can be brought up in court, especially if they are relevant to establishing a pattern of behavior or intent. However, the relevance and admissibility of such evidence will be case dependent.
Is self-defense a valid defense in an Assault charge?
Yes, self-defense is a common defense, but it must be shown that the force used was reasonable and necessary to protect oneself or others — or yours or their property — from harm.
Will an Assault charge affect my ability to find employment?
An Assault conviction may affect job opportunities, particularly in roles requiring a clean criminal record or background check.
Can consent be a defense for a Forcible Confinement charge?
Consent can be a defense if it is established that the alleged victim willingly agreed to the confinement. However, the defense must demonstrate that the consent was given freely, without coercion or manipulation.
How do I get bail for a Forcible Confinement charge?
Bail conditions will depend on the circumstances of the case, criminal history, and perceived risk to the community or the complainant. A lawyer can help negotiate terms that allow for release while awaiting trial.
Can a family dispute lead to Forcible Confinement charges?
Yes, situations like family disputes can result in Forcible Confinement charges if a person is prevented from leaving a space or is restrained against their will, even within the home.
Can I get a diversion program for a first-time Theft charge?
A Criminal Lawyer can help you negotiate diversion programs. This would result in a criminal charge being withdrawn or Stayed, in exchange for the completion of the diversion program.
This might involve participation in community service, writing a letter of apology, or other rehabilitative activities.
How do Theft charges impact my record if I’m a minor?
If convicted, the charge will be recorded under the Youth Criminal Justice Act, which has different rules for handling and sealing juvenile records.
In certain circumstances, a youth record can be used against you as an adult. It may still impact future educational or employment opportunities.
Can I defend myself against Theft charges if I had no intention of stealing?
Lack of intent is a key defense in Theft cases. If it can be shown that there was no intent to permanently deprive the owner of their property (e.g., forgetting to pay), charges may be dropped or reduced.
However, this is almost always occuring as a result of intense negotiations between defence counsel and the crown, as the accused party is unable to speak directly to the crown.
Can insurance cover damages if I’m charged with Mischief?
No, insurance coverage does not generally apply to situations where the person making a claim has been charged criminally.
Will a Mischief charge appear on my permanent record?
Yes, if convicted, a Mischief charge will appear on your criminal record, which could impact employment or travel. Certain conditions, like a discharge, may prevent it from becoming a permanent part of your record.
Can I be charged with Mischief if the property was shared or co-owned?
Yes, you can still face Mischief charges if you damage property that is co-owned or shared with another person, such as jointly owned vehicles or shared living spaces.
Does the type of weapon affect the severity of the charge?
The type of weapon used can significantly impact the charge and penalties. Using a firearm, for example, may lead to additional charges and mandatory minimum sentences.
Can I be charged with Assault with a Weapon if the weapon wasn’t used?
Yes, you can still be charged if the weapon was merely present or brandished in a threatening manner, even if it wasn’t physically used to harm the victim.
Can I get the charges dropped if the alleged victim recants their statement?
The Crown can still pursue the case even if the victim recants. They may rely on other evidence, like witness testimony or physical evidence, to proceed with the charges.
The crown can also still subpoena the alleged victim to testify as a witness even if they recant their statement to police. In addition, the alleged victim can also be charged criminally (after recanting) for providing a false statement.
Does the victim’s medical report play a crucial role in these cases?
Yes, a medical report documenting the extent of the injuries is critical evidence in determining whether the Assault qualifies as "causing Bodily Harm." The report can influence both the charges and sentencing.
Can an injury sustained in self-defense result a charge of Assault causing Bodily Harm?
If injuries occur during self-defense, the court will examine whether the response was proportionate to the threat faced. If deemed excessive, charges of Assault causing Bodily Harm may still apply.
Is it possible to negotiate a lesser charge for Assault causing Bodily Harm?
Yes, depending on the circumstances, legal strategy, and available evidence, it may be possible to negotiate a plea to a lesser charge, like simple Assault, to avoid the severe penalties associated with Bodily Harm.
I am charged with a criminal offence. How long will it take for my case to work its way through the courts?
This is dependent upon the specific charge you are facing, how quickly your disclosure (the Crown's case against you) is made available, and the nature of the outcome being sought. Call Lisa to talk this through in further detail.
Can I avoid a criminal record?
It is absolutely possible to avoid a criminal record when charged with an offence. Many factors will be at play in this determination.
Feel free to contact Lisa to arrange a consultation and you can discuss this with her in further detail.
My friend/spouse/family member has been charged with a criminal offence. How do I bail them out?
A person charged with an offence who is held for bail will be brought before a Justice, by police, within 24 hours of their arrest. Bail courts run daily, even on weekends and holidays.
You may be in a position (depending on your ability to supervise them, your citizenship status, and your financial status) to act as surety for this person and bail them out of jail.
I was released from the police station after having been charged or have received bail after a hearing. What do I do now?
Contact Lisa. Set up a free consultation to review your paperwork and she will discuss what lies ahead, as well as what your options are.
Can I represent myself?
In Canada, everyone charged with a criminal offence is free to represent themselves if they wish.
However, Lisa advises against it for two main reasons:
- If you’re not a lawyer, chances are you are not experienced in the inner workings of the criminal justice system in Canada; and
- Even if you are a lawyer, it is extremely difficult to be objective when the case is pertaining to you.
Being objective is an important tool to possess when conducting a criminal case, as it allows you to hypothesize as to the strategy of the opposition.
How do I choose the right lawyer?
Aside from the obvious factors such as price, location of the lawyer’s office, etc., you need to choose a lawyer you are comfortable with. You will need to have the utmost trust in your lawyer, so realistically this is the most important choice you will make when you find yourself in a situation where you have been charged with a criminal offence.
Should I just plead guilty to the charge to get it over with?
You should NEVER plead guilty to a criminal offence without knowing all of the ramifications involved. Lisa will explain everything to you in detail involving the offence that you are charged with, as well as how pleading guilty will affect you.
Lisa will review your case in detail, and if there is a possible defence to the charge based on your situation, she will discuss that with you.
Can I change my bail conditions?
It is possible to change or ‘vary’ bail conditions. This will be dependent on the nature of the charges, the type of bail you are subjected to, as well as the severity/importance of the condition that you want to change.
This is another issue that can be discussed during your initial consultation with Lisa.
Can I still travel and/or cross the border when charged with a criminal offence?
If you do not have a criminal record, you may still be able to cross the border with outstanding charges, depending on a few factors. This is something that Lisa could discuss with you in detail during your consultation.
Can I get my fingerprints and photographs destroyed when my case is over?
Yes, it is possible. If you are found not guilty, or your case is resolved without you getting a criminal record, as your lawyer, she will request that police destroy your fingerprints and photographs.
Can a past altercation be used against me in an Assault case?
Yes, previous altercations or incidents can be brought up in court, especially if they are relevant to establishing a pattern of behavior or intent. However, the relevance and admissibility of such evidence will be case dependent.
Is self-defense a valid defense in an Assault charge?
Yes, self-defense is a common defense, but it must be shown that the force used was reasonable and necessary to protect oneself or others — or yours or their property — from harm.
Will an Assault charge affect my ability to find employment?
An Assault conviction may affect job opportunities, particularly in roles requiring a clean criminal record or background check.
Can consent be a defense for a Forcible Confinement charge?
Consent can be a defense if it is established that the alleged victim willingly agreed to the confinement. However, the defense must demonstrate that the consent was given freely, without coercion or manipulation.
How do I get bail for a Forcible Confinement charge?
Bail conditions will depend on the circumstances of the case, criminal history, and perceived risk to the community or the complainant. A lawyer can help negotiate terms that allow for release while awaiting trial.
Can a family dispute lead to Forcible Confinement charges?
Yes, situations like family disputes can result in Forcible Confinement charges if a person is prevented from leaving a space or is restrained against their will, even within the home.
Can I get a diversion program for a first-time Theft charge?
A Criminal Lawyer can help you negotiate diversion programs. This would result in a criminal charge being withdrawn or Stayed, in exchange for the completion of the diversion program.
This might involve participation in community service, writing a letter of apology, or other rehabilitative activities.
How do Theft charges impact my record if I’m a minor?
If convicted, the charge will be recorded under the Youth Criminal Justice Act, which has different rules for handling and sealing juvenile records.
In certain circumstances, a youth record can be used against you as an adult. It may still impact future educational or employment opportunities.
Can I defend myself against Theft charges if I had no intention of stealing?
Lack of intent is a key defense in Theft cases. If it can be shown that there was no intent to permanently deprive the owner of their property (e.g., forgetting to pay), charges may be dropped or reduced.
However, this is almost always occuring as a result of intense negotiations between defence counsel and the crown, as the accused party is unable to speak directly to the crown.
Can insurance cover damages if I’m charged with Mischief?
No, insurance coverage does not generally apply to situations where the person making a claim has been charged criminally.
Will a Mischief charge appear on my permanent record?
Yes, if convicted, a Mischief charge will appear on your criminal record, which could impact employment or travel. Certain conditions, like a discharge, may prevent it from becoming a permanent part of your record.
Can I be charged with Mischief if the property was shared or co-owned?
Yes, you can still face Mischief charges if you damage property that is co-owned or shared with another person, such as jointly owned vehicles or shared living spaces.
Does the type of weapon affect the severity of the charge?
The type of weapon used can significantly impact the charge and penalties. Using a firearm, for example, may lead to additional charges and mandatory minimum sentences.
Can I be charged with Assault with a Weapon if the weapon wasn’t used?
Yes, you can still be charged if the weapon was merely present or brandished in a threatening manner, even if it wasn’t physically used to harm the victim.
Can I get the charges dropped if the alleged victim recants their statement?
The Crown can still pursue the case even if the victim recants. They may rely on other evidence, like witness testimony or physical evidence, to proceed with the charges.
The crown can also still subpoena the alleged victim to testify as a witness even if they recant their statement to police. In addition, the alleged victim can also be charged criminally (after recanting) for providing a false statement.
Does the victim’s medical report play a crucial role in these cases?
Yes, a medical report documenting the extent of the injuries is critical evidence in determining whether the Assault qualifies as "causing Bodily Harm." The report can influence both the charges and sentencing.
Can an injury sustained in self-defense result a charge of Assault causing Bodily Harm?
If injuries occur during self-defense, the court will examine whether the response was proportionate to the threat faced. If deemed excessive, charges of Assault causing Bodily Harm may still apply.
Is it possible to negotiate a lesser charge for Assault causing Bodily Harm?
Yes, depending on the circumstances, legal strategy, and available evidence, it may be possible to negotiate a plea to a lesser charge, like simple Assault, to avoid the severe penalties associated with Bodily Harm.
Can I avoid a criminal record?
It is absolutely possible to avoid a criminal record when charged with an offence. Many factors will be at play in this determination.
Feel free to contact Lisa to arrange a consultation and you can discuss this with her in further detail.
Can I represent myself?
In Canada, everyone charged with a criminal offence is free to represent themselves if they wish.
However, Lisa advises against it for two main reasons:
- If you’re not a lawyer, chances are you are not experienced in the inner workings of the criminal justice system in Canada; and
- Even if you are a lawyer, it is extremely difficult to be objective when the case is pertaining to you.
Being objective is an important tool to possess when conducting a criminal case, as it allows you to hypothesize as to the strategy of the opposition.
Should I just plead guilty to the charge to get it over with?
You should NEVER plead guilty to a criminal offence without knowing all of the ramifications involved. Lisa will explain everything to you in detail involving the offence that you are charged with, as well as how pleading guilty will affect you.
Lisa will review your case in detail, and if there is a possible defence to the charge based on your situation, she will discuss that with you.
Can I change my bail conditions?
It is possible to change or ‘vary’ bail conditions. This will be dependent on the nature of the charges, the type of bail you are subjected to, as well as the severity/importance of the condition that you want to change.
This is another issue that can be discussed during your initial consultation with Lisa.
Can I get my fingerprints and photographs destroyed when my case is over?
Yes, it is possible. If you are found not guilty, or your case is resolved without you getting a criminal record, as your lawyer, she will request that police destroy your fingerprints and photographs.
My friend/spouse/family member has been charged with a criminal offence. How do I bail them out?
A person charged with an offence who is held for bail will be brought before a Justice, by police, within 24 hours of their arrest. Bail courts run daily, even on weekends and holidays.
You may be in a position (depending on your ability to supervise them, your citizenship status, and your financial status) to act as surety for this person and bail them out of jail.
I was released from the police station after having been charged or have received bail after a hearing. What do I do now?
Contact Lisa. Set up a free consultation to review your paperwork and she will discuss what lies ahead, as well as what your options are.
Can I change my bail conditions?
It is possible to change or ‘vary’ bail conditions. This will be dependent on the nature of the charges, the type of bail you are subjected to, as well as the severity/importance of the condition that you want to change.
This is another issue that can be discussed during your initial consultation with Lisa.
Can I still travel and/or cross the border when charged with a criminal offence?
If you do not have a criminal record, you may still be able to cross the border with outstanding charges, depending on a few factors. This is something that Lisa could discuss with you in detail during your consultation.
My friend/spouse/family member has been charged with a criminal offence. How do I bail them out?
A person charged with an offence who is held for bail will be brought before a Justice, by police, within 24 hours of their arrest. Bail courts run daily, even on weekends and holidays.
You may be in a position (depending on your ability to supervise them, your citizenship status, and your financial status) to act as surety for this person and bail them out of jail.
I was released from the police station after having been charged or have received bail after a hearing. What do I do now?
Contact Lisa. Set up a free consultation to review your paperwork and she will discuss what lies ahead, as well as what your options are.
Can I change my bail conditions?
It is possible to change or ‘vary’ bail conditions. This will be dependent on the nature of the charges, the type of bail you are subjected to, as well as the severity/importance of the condition that you want to change.
This is another issue that can be discussed during your initial consultation with Lisa.
Can I still travel and/or cross the border when charged with a criminal offence?
If you do not have a criminal record, you may still be able to cross the border with outstanding charges, depending on a few factors. This is something that Lisa could discuss with you in detail during your consultation.
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Still Have Questions?
Every situation is unique — call Lisa White for a free, no obligation legal consult and get your specific questions answered today.