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.