What is a criminal offense?
A criminal offense is activity that is
described in the criminal laws of Canada, known as the Criminal
Code of Canada (which will be referred to as "the
CCC"). There are other types of offenses, such as careless driving,
which is not criminal and is dealt with differently. (Careless driving is
a provincial offense because it is prohibited by a provincial law, the Highway
Traffic Act.)
What is the difference between
a criminal charge and a provincial
offense such as careless driving?
The main difference is in the procedure that is involved in prosecuting the offenses.
As well, the most serious penalties, such as long jail terms, are only applied
to criminal offenses.
If I have been charged with an offense
and I am guilty,
will I have a criminal record?
Not necessarily. In certain circumstances it is possible to be found guilty and
still not have a record of a criminal conviction for that offense.
What will happen on the first day
that I appear in court?
Usually the only thing that happens is that another court date is scheduled,
as it takes time for the prosecutor (known as the crown attorney) to process
the necessary documentation in order to proceed.
Do I need a lawyer for my first day
in court?
Not usually. It is normal for individuals to appear on the first day and ask
for time to obtain a lawyer.
Can I plead guilty on my own without
obtaining a lawyer?
You can, but it is not advisable. Very often there are matters which can be resolved
in your favour quickly by a lawyer, which the crown attorney or the police may
not tell you about.
What if I can't afford a lawyer?
You may qualify for legal
aid which will assist you in obtaining a lawyer. required
to collect GST and you do not, you will still have to pay to Revenue Canada the
amount that you should have collected. |