How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Freudman Your Own Question
Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
Satisfied Customers: 1253
Experience:  Lawyer
70961067
Type Your Canada Law Question Here...
Daniel Freudman is online now
A new question is answered every 9 seconds

I'am from Manitoba and got caught with 18 cartons of Ontario

Customer Question

hi i'am from Manitoba and got caught with 18 cartons of Ontario cigarettes under the tobacco tax act wondering if I should get a lawyer or just pled guilty to it or if it is just a fine thank u
Submitted: 11 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 11 months ago.

I cannot say whether you should plead guilty or go to trial as that is a decision you must make. However, I can give you as much info as possible such that you are able to make an informed decision as to what course of action you wish to take.

Firstly, as you may know, the Tobacco Tax Act is not criminal legislation. In other words, if you plead guilty, you will not have a criminal record, but rather merely a provincial / regulatory offence conviction- similar to a speeding ticket. Thus, pleading guilty will not result in a criminal conviction, which is obviously very important.

However, pleading guilty will, as you know, result in a fine. You can certainly try to speak with the prosecutor, inform them of how you are a good person and aside from this isolated incident a contributing member of society (e.g. employed and/or educated). This may lead the prosecutor to offer a better plea deal e.g. lower fine. You could hire a lawyer for these negotiations though that may end up costing you more than the amount of fine you save from the lawyer's work. So, if you do ultimately plead guilty, though hiring a lawyer would be helpful, it's not overly critical.

If you wish to go to trial, success may be difficult as the courts that hear such cases are generally more favourable to police and government agencies than they are to the individual accused persons. As such, if you intend to fight the charges, hiring a lawyer would likely be ideal. That being said, if it's a very difficult case to win (e.g. they clearly caught you, cigs couldn't belong to anyone else, and the search was lawful), then pleading may be a better option since it will save money and chances of success at trial in any event would be dim.

Hopefully that is of assistance.

Expert:  Daniel Freudman replied 10 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you very much.

Expert:  Daniel Freudman replied 10 months ago.

Sorry to bother you but would you kindly provide me with a positive rating so I can receive payment for my services. Thank you very much.

Related Canada Law Questions