Criminal Law Services

Question: Which criminal law defence services can a lawyer in Ontario help me with if I’ve been charged with a summary conviction offence, need a peace bond, or want to apply for a record suspension?

Answer: If you’re facing a Criminal Code charge, seeking a Peace Bond under Criminal Code of Canada, R.S.C. 1985, c. C-46, or considering a Record Suspension (pardon), Kush Law can help you understand your options, build a clear defence strategy, and manage key steps with the court and related processes in Ontario.  For criminal charges, a criminal defence lawyer can review the allegations, assess potential defences, and represent you through the process, including matters where the maximum penalty may be up to six months less formal summary-conviction scenarios.  For peace bond concerns, counsel can help you respond to an application or pursue one where there is a credible risk of injury, damage, or publication of an intimate image.  For record suspensions, Kush Law can guide you on eligibility like waiting periods and limitations so you can work toward restricting CPIC disclosure where available.  Call (905) 460-5073 to get started with a confidential consult and protect your legal rights.

Understanding Various Criminal Law Defence Services

There are many criminal law concerns for which legal help via the assistance of legal counsel may be available such as representation in the defence against certain criminal charges, the assistance in the process of bringing a charge via a Private Information when the police are unwilling to lay a charge, the help with the peace bond process, or the assistance with the record suspension process (formerly known as a pardon).

Defence of Charges

Kush Law may be available to provide defence representation against certain allegations known as summary conviction charges, or certain hybrid charges following the choice by the prosecutor to proceed with the matter as a summary conviction charge, as proscribed within the Criminal Code of Canada, R.S.C. 1985, c. C-46, as well as other statutes containing criminal charges, where the maximum penalty is six months (6) months in jail and/or five thousand ($5,000.00) dollars.  Such charges may include, among others:

• The section 177 charge of trespassing at night;
• The section 264 charge of criminal harassment;
• The section 264.1 charge of uttering threats (expressing intended violence);
• The section 265(1) charge of assault (without a weapon);
• The section 334(b) charge of theft under $5,000 (including shoplifting);
• The section 335 charge of joyriding (taking vehicle or vessel without consent);
• The section 349 charge of unlawfully being inside a dwelling with intent to commit;
• The section 380 charge of fraud under $5,000 (misleading dishonesty);
• The section 398 charge of falsifying employment records (including time clock); and
• The section 442 charge of interfering with property boundary markers.

For more details of the Criminal Code charges that Kush Law may be available to assist with, see the lists of Permitted Criminal Code Summary Conviction Offences as published by the Law Society of Ontario.

Peace Bond Order

In some circumstances, even before a criminal act is carried out; however, where there are fears, with strong signs of genuine risk, of injury, damage, or publication of an intimate image, a Peace Bond per s.810 of the Criminal Code may be pursued.  Kush Law may be available to help with the pursuit of a Peace Bond or by representing a person against whom the Peace Bond is sought.

Record Suspension Service (Pardon)

The process of Record Suspension enables people previously convicted of a crime to apply to restrict or limit criminal record information from appearing upon a CPIC (Canadian Police Information Centre) report.  The process is available for people who paid the debt owed to society by completing the criminal sentence punishment as imposed, including fulfillment of certain conditions, and since shown demonstrable law-abiding character qualities.

When applying for a criminal record suspension you must be in law-abiding status subsequent to the end of your most recent sentence and be without any outstanding fines or fees due to the government such as monies owed for driving offences (traffic tickets), among other things.

Additionally, you must await expiry of the applicable waiting period.  The waiting period is five (5) years after completion of summary conviction sentences or ten (10) years after completion of a sentence for an indictable offence conviction.

Furthermore, persons previous convicted for sexual offences may have limitations applicable to a record suspension.  Persons previously convicted of three, or more, indictable offences involving prison sentences of two (2) or more years, as well as persons previously convicted for sexual offences inflicted upon minor persons are unable to obtain a record suspension.