Marijuana Offences (Coming soon)

A conviction for drug possession can affect your employment, or reduce your chances of getting hired. It may also impact your professional license in a negative way.

Being charged with an offence does not mean you will be found guilty. The judge makes her/his decision based on what is presented in the court. Often you hear about someone getting away on a technicality. That is when mistakes are made by the police or the crown attorney. It is also possible that the police are biased or acted illegally.

There are many reasons you might be found NOT GUILTY; here are a few.
(1) The police charged you with the wrong offence.
(2) A witness the police depend on may not be in attendance.
(3) You have a solid and recognizable defence.
(4) The evidence presented by the police is not sufficient to prove you committed the offence.

Only a person familiar with the judicial system will be able to identify any of the above conditions,
and use them to nullify the charge.

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Useful Information
There is a difference between being charged with a crime and being arrested. The arrest process is a police procedure and can include being put in handcuffs, taken to jail, and read your rights.
Getting arrested may or may not result in you being charged.

The police can charge you if they believe you have broken the law. The court will then hear the evidence and decide if you are guilty and what the penalty should be.

No matter how long you have lived in Canada, if you are convicted of a "serious" criminal offence, you could lose your permanent resident status and be deported.

All persons in Canada have the Right to Silence; that is, the right to choose whether to speak or not to speak to agents of the state. The right is engaged upon detention, but it is not absolute. Questioning of people in Canada before or after
arrest is still permitted.

Statements from accused persons is an important part of any police investigation, and therefore persons being investigated for or charged with a criminal offence in Canada are best advised to remain silent. Although statements can be volunteered, it is usually against the interest of an accused person to do so, especially while evidence is still being gathered during the investigation.

The information on this website is provided for general purposes only and does NOT constitute legal or professional advice. Hercules Legal Services accepts no responsibility for loss which may arise from reliance on information contained in this site.

Marijuana charges, Theft under $5000, in the GTA

Criminal Charges

Being charged with a criminal offence is a serious matter, and must not be taken lightly. What is at stake is your liberty. A minor offence to the justice system could be a major occurrence for you the person charged.

Going to court means dealing with rules and procedures that must be followed, before court and in the courtroom. If you are not familiar with the process, you can easily end up in a situation where it might be difficult to give the judge all of the information you want about your case.

Being found guilty of a criminal offence in Canada goes well beyond the immediate sentence and getting a criminal record. The Parliament of Canada has authority over criminal law, and therefore all criminal charges and their consequences apply across Canada.

Your travel and employment could be restricted. For more serious offences you may be required to register and report to certain agencies for an extended period of time.

For these reasons, if you have been charged with a criminal offence, it makes sense to get legal assistance.
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REMEMBER: The police can detain you without arresting you. In order to detain you, the police must have a reasonable suspicion that you are connected with a crime, and that your detention is reasonably necessary in the circumstance.

If you are driving the police can pull you over at any time.

If you are on foot, you are USUALLY free to walk away from the police. If the police stop you, however, it is a good idea to ask them if you are free to go, before you walk away. If they tell you that you are not free to walk away, it means you are being detained.

If you have not been told you are being detained, you can politely ask, “Am I being detained?” If the answer is yes, again politely ask why you are being detained. If you are being detained, you cannot leave but you do not have to answer any questions. If you do not want to talk, simply say “I want to remain silent”.

Use your judgment: Depending on the circumstances it might be a good idea to talk with the police to show you are being co-operative. If you were driving, are under arrest, or are being ticketed for some offence, you have to give your name and address.

If you feel your rights are being violated, the best time to address the violation is sometime after, NOT while it is happening. If you KNOW your rights, politely tell the officer what your rights are. But fighting for your rights at this point will only make things worse.

The information on this website is provided for general purposes only and does NOT constitute legal or professional advice. Hercules Legal Services accepts no responsibility for loss which may arise from reliance on information contained in this site.

M. D. O'Brien Hercules

Mediator - Notary Public

Tel.1-888-327-6492

HERCULES Legal Services

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Mediation, Debt Collection, Criminal, By-Law & Traffic Charges

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