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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2012
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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I got questions when in a case of been charged

Customer Question

I got questions when in a case of been charged "for assault with a weapon", and pledging "guilty" with the purpose to go through a rehabilitation program, what are the implications on "criminal records" and immigration status (as the person is a Permanent Resident)
Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.
Good evening, I would be happy to assist you with this question.
Can you tell me if this is a plea agreement that has been reached with the Crown as part of a diversion or alternative measures program, wherein the accused agrees to enter an anger management program or take other counseling prior to sentencing? If so, has your lawyer indicated what the expected sentence will be? Most often, such an agreement would result in a "conditional discharge".
If this is the case, a discharge does not result in a conviction being registered. It is much like the courts "forgiving" the accused. As such, there would be no criminal record of any convictions on the accused's record.
As a result of there being no conviction, this should not then affect an application for permanent resident status, other than a likely delay until the matter is dealt with.
I look forward to hearing back from you so that I may ensure that you get all of the information you require.
Also, it is appreciated if you would leave me a positive rating as this assists me with my reputation here on this site.
Jim
Customer: replied 1 year ago.

At his point, the accused has schedule court tomorrow morning, and the lawyer has explained to her the 2 options to go for "trial" (no guilty) or enter in a negotiation, but there is lack on the information that we have about this type of negotiations, that's what we would like to understand, we are more clear with the trail and its outcome

Expert:  Copperlaw replied 1 year ago.
Thank you for the clarification.
Before a lawyer and an accused make a decision on how to proceed, whether to plead guilty or to set a trial date, the lawyer will meet with the Crown Attorney for a "resolution meeting" to discuss possible ways to resolve the charge. Some of the options available, depending upon the seriousness of the charges, are a discharge, which as I indicated above, does not result in a conviction, or for the accused to enter into a Peace Bond, which is essentially a "restraining Order" under the Criminal Code. In exchange for entering into a Peace Bond, the charge would be withdrawn. Either case would result in no criminal conviction.
Otherwise, if the Crown feels they have a case and the facts are serious enough, they'll want either jail or probation for the offence, which gives a person a criminal record showing the conviction. Given that the charge is one involving violence, a criminal conviction for such an offence could affect the accused's permanent resident application.
If the matter cannot be resolved without a conviction and resultant record, then it may simply be best to proceed with setting a trial date, if the accused and their lawyer feel that there is some merit to a defense in the case, or simply to put the Crown to the test of proving the case.
This is something that the lawyer will handle and will take all facts into consideration, particularly the impact of such a conviction on an immigration application.
Let me know if you need anything else.
Jim
Expert:  Copperlaw replied 1 year ago.
Please remember to take a moment to leave me a positive rating. It would be greatly appreciated.
Jim
Expert:  Copperlaw replied 1 year ago.
Hi, I see that you were back in and viewed my response however I do not see a reply from you. Please let me know if you are satisfied with the information I have provided or if you require anything further.
Also, please take a moment to leave me a positive rating as this helps to build my reputation here on the site.
Jim

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