A Discharge of any type is the best possible sentence you can receive short of a Resolution. A Discharge means that the Court has found you guilty of a criminal offence, but rather than entering a conviction against you, has chosen to show leniency and ‘discharge’ you, either conditionally or absolutely.
Conditional Discharge vs. Absolute Discharge
The difference between a conditional discharge and absolute discharge is that unlike an absolute discharge, a conditional discharge requires a term of probation. That is, in the case of a conditional discharge, the court will indicate that you will be discharged, but only after you fulfill the terms of either a one, two, or three year probationary period. This probationary period will typically involve things like reporting to probation every two weeks, counselling, and community service.
Discharges are rarely granted. In order to receive an Absolute or Conditional Discharge, there must be no minimum sentence specified in the Criminal Code. Further, discharges typically apply to relatively low level offences, and typically require unique personal circumstances. The list of unique circumstances that may be relevant is not exhaustive, but can include some of the following:
- Risk of loss of employment if convicted
- Risk of deportation if convicted
- An indication that an underlying mental health concern contributed to the wrongful behavior
- An indication that some sort of coercion or undue pressure caused the wrongful behavior
Curative discharges are applicable in impaired driving cases only, and have a very unique set of qualifying criteria. In the most general of terms, to qualify for a Curative Discharge there must be:
- A significant and ongoing history of alcohol dependence,
- A significant alcohol dependence at the time of the offence,
- A willingness to change, and
- A likelihood of success
Typically expert evidence and formal medical diagnosis will be required, as well as a requirement that you personally testify to, among other things, the above mentioned issues.
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Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.
Laura Bobyn my lawyer was amazing and so supportive of my case and me. She fought with Tenacity to get my victory. It was amazing to hear how knowledgeable and how her attention to every little detail of my case was shown in her defence! She is the best and I would recommend her to anyone of my colleagues or people in my life! Thank you, Laura!
This law firm is your go-to!
I had the pleasure of working and trusting my case with Joseph Beller. I had 2 counts against me, and in the end, Joseph was able to present and use his “fighter skills” in court to have my charges lowered to a conditional discharge. On top of this, this firm follows its mission values statement by being ethical, transparent, available, and very friendly. Joseph and his team treated me with the utmost respect from start to finish. Thank you again, Joseph! I hope to never call you again 😊
Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.