If you are facing criminal charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
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 cut you a break and ‘discharged’ you, either conditionally or absolutely.
People who haven’t broken the law before and are facing offences that aren’t too serious could be eligible for a discharge. Discharges do not generally show on a criminal record.
There are two types of discharges in Canada:
- A full discharge means that the person is guilty but is let go right away without any conditions or a criminal record.
- A conditional discharge means that the person has to follow certain rules for a certain amount of time, which is usually between six months and three years. Some of these rules might be to do community service, go to therapy, or stay away from certain people or places. If they follow all the rules, they won’t have a criminal record.
Not every offence can potentially receive a discharge. Judges look at a lot of things when they decide whether to give someone a discharge. Such as, the types of crimes and whether or not it is good for the public. For a broader overview of how sentencing decisions are made, see Criminal Sentencing in Toronto.
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The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights. Contact us today by calling (647) 986-8077.
Key Takeaways
- A discharge is a type of sentence that lets you avoid getting a criminal record even though you were found guilty of a crime.
- You can only get a discharge for crimes that aren’t too serious and don’t have minimum sentences in the Criminal Code.
- There are two kinds: absolute discharges, which let you leave right away with no conditions, and conditional discharges, which require you to follow probation rules for a set amount of time.
- After a certain amount of time (one year for absolute and three years for conditional), the discharge won’t be on your criminal record anymore.
How can a discharge lawyer in Toronto help?
A Strategic Criminal Defence discharge lawyer in Toronto can collect evidence of why you would be a good candidate for a discharge. Judges pay close attention to these things when deciding whether or not to give someone a discharge. We can help you write letters of recommendation, document a work history, a history of community service, and other papers that demonstrate who you are.
Our lawyers know how the local court system works. We can make strong cases in court for why a discharge is good for you and the public. We can talk about things like having a clean record, being sorry for what you did, doing things to make things right that led to the crime, and possibly the fact that not many people were hurt by the crime.
Examples of Offences Potentially Eligible for Discharges
A student committed theft at a local mall for the first time. The judge granted her a conditional discharge, she had to follow certain rules and be on probation for a year. She also had to do community service and stay away from the mall. While walking downtown, a drunk guy took down a street sign. He was accused of mischief under $5,000. He had already paid for the repairs and written an apology letter by the time of his hearing. The judge gave him an absolute discharge.
Consequences of Discharges
One of the positives of getting a discharge is that even though you were found guilty, you won’t have a criminal record if you follow all the rules.
Discharges are typically only available for offences that aren’t too serious and don’t have a set minimum sentence in the Criminal Code.
However, the court can take away your conditional release if you break the rules. It can then find you guilty and punish you the same way it would have for the original crime. This could mean paying fines or even going to jail, depending on the crime.
Discharge Conditions
When a judge gives someone a conditional discharge, they have to follow certain rules for a certain amount of time. These may include:
Being good, keeping the peace, going to court when you need to, and let your probation officer or the court know if you move or get a new job.
You might also have to do community service, go to therapy, or stay away from certain people or places.
You might not be able to use drugs or alcohol again if you did so while committing the crime.
These conditions may last between six months to three years. If these conditions are broken, they might have to go back to court and get a new sentence. This could mean getting a criminal record or going to jail.
