Good Lawyers Are The Only Way To Escape Prison Sentences In Canada

Prison sentencing in Canada is a complicated process. Since Canada never had the death penalty for murderers or other serious offences against individual victims, criminals of this nature receive harsher punishments than immediate death. If you have a family member who is facing criminal charges in Canadian court, hire a lawyer like Emery Jamieson LLP immediately.

The lawyers can defend your family member and attempt to reduce the sentence if they cannot free your family member completely. Although most lawyers can guess at what the sentence might be for the offences charged, it really is up to the Crown to decide. The following illustrates the potential length of sentences your loved one might face.

The Shortest Sentence Possible

Really, the shortest sentence for any crime in Canada is no sentence at all. The second shortest sentence may only involve one or two days in the local jail. It depends on the offence. It also depends on the judge who can select from a long list of acceptable punishments. Your lawyers can give you a range of times and punishments that may be invoked, but usually, a first minor offence gets nothing or the least sentence time possible.

The Longest Sentence Possible

As hard as your lawyers might work to clear your relative of any charges, it is still possible to find him or her guilty. When it is a serious offence, such as multiple homicides, your relative could be looking at a life sentence with consecutive twenty-five year increments of non-parole eligibility for each wrong. Ergo, the most time a person may serve for a single murder with good behavior is twenty-five years of a life sentence. The longest possible time of all is a life sentence without any chance of parole, but your relative can ask his or her lawyers to appeal this as many times as the court allows.

Proving One’s Innocence

In the event that any new evidence surfaces in your accused relative’s supposed crimes, regardless of a few months or decades after the fact, his or her lawyers can request a retrial or a reversal of the Crown’s decision. When the evidence clearly points to another person as the offender, such as DNA evidence often does, your relative still has to appear before the judge one more time for the clearing hearing. At this hearing, the judge has reviewed all the evidence presented by your relative’s lawyers and pronounces your relative innocent, expunging his or her record of any wrongdoing. Then he or she is free to go, thanks to the good work of his or her legal team.

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