Acquittals or discharges
Over the years, our lawyers have succeeded in obtaining acquittals and discharges in various cases including the following:
Montreal: a client accused of dangerous driving was granted a discharge
In Montreal, a customer accused of driving his vehicle in a manner that is dangerous to the public, contrary to section 249(1)a) (2) b) of the Criminal Code, was granted an absolute discharge despite the fact that the prosecutor did not agree to make a joint submission to the judge. Indeed, after lengthy sentencing submissions, the judge granted an absolute discharge taking into account the client’s job as an airport security guard. The client was able to keep his job as he was deemed not to have been convicted of the charges against him.
Montreal: a client accused of assault with a weapon, assault and uttering threats avoids a criminal record
In Montreal, a client accused of assault with a weapon, assault and uttering threats in the context of a road rage received a conditional discharge following a lengthy legal battle. In this matter, despite the absence of a criminal record and a highly favorable presentencing report, the prosecutor decided to plead against the granting of a discharge given the serious consequences suffered by the victim. In her arguments, the prosecutor relied on similar case law, which showed little leniency granted by the Court to individuals who commit this type of crime. Finally, the judge ruled in our lawyer’s favor, thus ensuring that despite the seriousness of the charges, the client succeeded in avoiding a criminal record.
Longueuil: a client accused of soliciting sexual services from a person engaged in prostitution was granted a discharge
In Longueuil, a client was accused of soliciting sexual services from a person engaged in prostitution, contrary to section 213(1)c) of the Criminal Code. The client could not afford to have a criminal record given his job as a truck driver. The company for which he worked for many years required him to make regular trips to the United States. After a $250.00 donation by the client to a court program, our lawyer was able to obtain an absolute discharge and thus avoiding the client a criminal record.
Laval: a client accused of stealing from her employer was granted a discharge
In Laval, a client accused of stealing from her employer, contrary to section 334b)ii) of the Criminal Code, was discharged unconditionally. Stealing from someone with whom the client had a bond of trust is considered an aggravating factor. Our client needed to obtain a discharge in order to avoid a criminal record: she was studying to become a high school teacher and could not continue to do so if she had been convicted. Given her young age, education, future plans and a donation of $400.00, the judge agreed with our suggestion and granted a discharge.
Saint-Jerome: a client accused of assaulting his wife avoids a criminal record
In Saint-Jerome, a client accused of assaulting his wife avoided a criminal record without having to plead guilty to the charges against him. After lengthy discussions with the prosecutor, we convinced her that a simple recognizance to avoid contact with the complainant during the next 12 months, in addition to keeping the peace and being of good behavior, would be sufficient for the interest of justice. The client obtained an acquittal and thus avoided a criminal record.
Saint-Jean-sur-Richelieu: a client accused of sexual assault gets acquitted
In St-Jean-sur-Richelieu, a client was accused of sexual assault contrary to section 271(1)b) of the Criminal Code. After numerous discussions with the prosecution, we were able to get the client to enter into a recognizance to keep the peace and be of good behavior for a period of 12 months under section 810 of the Criminal Code. This ensured that, despite the seriousness of the charges against him, the client was acquitted of these charges, and therefore was not granted a criminal record. It should be noted that the complainant in the file was in agreement with how the case was resolved.
Joliette: a client accused of having in her possession 75 grams of cannabis was granted a discharge
In Joliette, a client accused of having in her possession 75 grams of cannabis, contrary to section 4(1)(4)b)i) of the Controlled Drugs and Substances Act, received an absolute discharge. Given the absence of a criminal record, the fact that she had made a donation and that she entered a guilty plea at the first opportunity, the judge accepted the joint suggestion between our lawyer and the Crown on file.