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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7458
Experience:  with over 15 years experience.
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Accidentally arrived at Canadian border. Tried to tun around

Resolved Question:

Accidentally arrived at Canadian border. Tried to tun around car was searched 2 undeclared revolvers paid fine at border but appearing in bcourt thurs. how muh trouble am I in
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

Are you in custody?

What is the charge you are facing? Can you give me the section number?
Customer: replied 1 year ago.
Released on 500 pr
Customs act sec 153 a false statement. 153 c willful evasion sec159 attemted smuggling regarding 2 firearms punishable pursuant tosec 160 of said act
Expert:  Law.Hut replied 1 year ago.
The crown has the option to proceed on these charges by way of summary conviction, or by indictment. Summary conviction is the less serious manner of proceeding , similar to a misdemeanor in the States, and indictment is similar to a felony. You can call the crown prosecutor in advance of the court date to ask how they are proceeding, and what penalty they will seek on an early guilty plea, without need for a trial.

It would be by far most common here to proceed by way of summary conviction. The most common penalty for this would be a fine. The amount could be several thousand dollars. The potential penalty is a maximum fine of $50,000 and or jail of up to six months, but it would be extremely unusual to receive jail for a first offence in circumstances such as yours.

You can ask the prosecutor how they will proceed and see if the two of you can agree on the amount of a fine to pay. The sentencing judge is not bound to follow that agreement but be law is that the judge is only to reject it if it is clearly outside the range of an acceptable sentence for such a matter. So it would be again very exceptional for a judge to reject a fine In such a matter in favour of a jail sentence. No lawyer can tell you that is impossible, but it is very unlikely.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
Customer: replied 1 year ago.
I was told all that information by the detective who questioned me. Can thy one father me in the United States and do the ours take payments
Expert:  Law.Hut replied 1 year ago.
How is it poor service if I have confirmed the information your armed elsewhere? You wanted to know the likely result and I told you.

I am not sure what you are asking now, about father you in the US., and ours taking payments. I think there are some typos there. Please let me know what else you are asking and I will try to assist.
Customer: replied 1 year ago.
Can they come after me in the United States. And do Canadian courts take payment plan if large fine. Resend your satisfaction question
Expert:  Law.Hut replied 1 year ago.
No, they cannot pursue you in the US, nor try to enforce any fine against you in the US. They can try to seek extradition of you from the US, but there is very little chance they would go to the enormous expense involved to try and do that for this minor type of offence.

Yes, the Canadian courts can accept payments. You can request time to pay the fine and the judge will give you time, such as 6 months.m the length will depend on your financial situation. You can then make payments as able during that time. It is possible to seek to extend the time for payment by applying to a judge and they will usually grant that if a person is making honest efforts to pay.

Let me know please if you have any other follow up issues, but if not I would appreciate a positive rating to this answer. That would can so the negative rating on an earlier post. But I am happy to answer anything else before you decide on rating.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7458
Experience: with over 15 years experience.
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