Criminal Law > What May Happen to Me?

If you have been charged with an offence under the Criminal Code of Canada, it is possible that your matter will result in one of the following ways.  Know that each of the following situations may have their own consequences with respect to immigration status, your ability to travel, or your ability to pursue or maintain employment in certain areas.  Each situtation is different and there is no substitute for good legal advice.  The Law Office of Alexander Ejsmont provides free consultations for all criminal matters in Ontario.

Outcomes Without a Criminal Record

Acquittal at Trial.  If you choose to take your matter to trial (usually 6 months to a year after your arrest), and you are found not guilty by a judge or jury, then you have been “acquitted” of the charges against you.

Stay of Proceedings. This is a stoppage or suspension of the case against an accused without a determination of the merits of the case, or without a finding of guilty or nor guilty.  A Stay is usually granted because of some form of procedural unfairness, such as a violation of certain Charter rights, to the accused person.

Withdrawal – No Reasonable Prospect of Conviction.  After reviewing your case with you, your lawyer may be able to determine the strength of the Crown’s case against you.  In situations where there is very little evidence to support a charge, your lawyer will discuss your case with the Crown attorney, who if in agreement, may request that the charges against you be “dropped” or withdrawn based on no reasonable prospect of conviction.

Withdrawal – Peace Bond.  For certain charges usually involving crimes of violence such as assault, your lawyer may convince the Crown Attorney to “drop” or withdraw the charges against you in exchange for you entering into a Peace Bond.  A Peace Bond is a promise that you make to the court in writing to keep the peace and be of good behavior, and if necessary, to stay away from the complainant (the “victim”) unless you have their written and orally revocable permission for a given period of time, usually up to a year.  The original charge against you is usually withdrawn.  If you end up getting re-arrested, the original charge does not come back.  Rather, in addition to your new charge, you may be charged with breaching the Peace Bond.  Note that Peace Bonds are rare in the criminal justice system, and are usually reserved for exceptional circumstances.

Withdrawal – Diversion.  For certain charges usually involving minor offences such as Marijuana Possession, Mischief, or Theft Under $5000, the Crown Attorney may agree to “drop” or withdraw the charges against you in exchange for you making a charitable donation or performing community service.  You will not know whether you may be eligible for Diversion until after your first appearance in court.  The Crown Attorney also occasionally agree to have your charges Diverted following a private resolution meeting with your lawyer.

Absolute Discharge.  If you plead guilty early or are found guilty by a judge or jury following a trial, a Judge may, usually at the request of your lawyer, instead of imposing criminal sentence with or without jail time, grant you a “Discharge.”  Under the Criminal Code of Canada, even though you have accepted responsibility for your charge, or have been found guilty, you may still be eligible to walk away without a criminal record.  To be granted a discharge, your lawyer must explain to the Judge how this would be in your best interest and in the best interest of the public.  An Absolute Discharge is immediate and there is no probation order.  A record of the Absolute Discharge usually is removed from enforcement databases after a period of one year.

Conditional Discharge.  A Conditional Discharge usually contains certain probation requirements that must be fulfilled before the discharge becomes Absolute.  These requirements may or may not include requirements such as reporting conditions, a repayment of money to the victim, or the completion of counseling sessions.  While someone with a Conditional Discharge does not end up with a criminal record, it usually takes three years from the date of the discharge for the record of discharge to be removed from enforcement databases.

Outcomes With a Criminal Record

Fine.  In certain situations upon conviction, a Judge may impose a monetary fine instead of jail time or probation.  Although you may avoid jail and the amount of the fine may seem small, know that a fine carries with it a criminal record, and it is usually the consequences of such a criminal record that an unrepresented person is unaware of that may have more serious and significant consequences in the future.

Suspended Sentence.  The Criminal Code of Canada allows a judge to suspend a passing of sentence, and instead place a convicted person on a period of probation.  If the convicted person breaches the probation order, they may be charged with breaching their probation, and the Crown may ask that the sentencing judge revoke the suspended sentence and impose any sentence the Judge finds appropriate.  The period of probation can last for a number of months or up to a number of years, and may or may not require the convicted person to report regularly to a probation officer.

Conditional Sentence.  This type of sentence allows a person to serve his sentence while continuing to live at home or within his/her community, subject to conditions which may include supervision and reporting.  If any of these conditions are breached, the court may convert the conditional sentence into a custodial (prison) sentence.

Intermittent Sentence.  This type of sentence may be imposed in situations where the sentence of imprisonment does not exceed 90 days.  Usually, a convicted person becomes required to surrender himself to prison for a number of days at a time (sometimes weekends from Friday to Sunday), and is released for the remainder of the time to be permitted to return home or attend work or school.

Custodial Sentence.  A custodial sentence is a term of imprisonment.  Depending on what you have been convicted of, this term can range from a number of days to, in certain situations, several years (including, in very few instances, life imprisonment).  Every criminal charge under the Criminal Code carries a possibility of imprisonment.  It is up to you to understand what the possible consquences of a finding of guilt are, and whether a custodial sentence may be imposed in your particular situation.

Click here to learn more about the Criminal Process in Ontario.