Discharge

Discharge 2018-02-09T17:39:35+00:00

A Discharge of any type is the best possible sentence you can receive short of a Resolution. A Discharge means that the Court has found you guilty of a criminal offence, but rather than entering a conviction against you, has chosen to show leniency and ‘discharge’ you, either conditionally or absolutely.

Conditional Discharge vs. Absolute Discharge

The difference between a conditional discharge and absolute discharge is that unlike an absolute discharge, a conditional discharge requires a term of probation. That is, in the case of a conditional discharge, the court will indicate that you will be discharged, but only after you fulfill the terms of either a one, two, or three year probationary period. This probationary period will typically involve things like reporting to probation every two weeks, counselling, and community service.

Discharges are rarely granted. In order to receive an Absolute or Conditional Discharge, there must be no minimum sentence specified in the Criminal Code. Further, discharges typically apply to relatively low level offences, and typically require unique personal circumstances. The list of unique circumstances that may be relevant is not exhaustive, but can include some of the following:

  • Risk of loss of employment if convicted
  • Risk of deportation if convicted
  • An indication that an underlying mental health concern contributed to the wrongful behavior
  • An indication that some sort of coercion or undue pressure caused the wrongful behavior

Curative Discharge

Curative discharges are applicable in impaired driving cases only, and have a very unique set of qualifying criteria.  In the most general of terms, to qualify for a Curative Discharge there must be:

  • A significant and ongoing history of alcohol dependence,
  • A significant alcohol dependence at the time of the offence,
  • A willingness to change, and
  • A likelihood of success

Typically expert evidence and formal medical diagnosis will be required, as well as a requirement that you personally testify to, among other things, the above mentioned issues.

Discharges

  1. What is a conditional discharge?
  2. What is an absolute discharge?
  3. What effect will a discharge have on my criminal record?
  4. What is a curative discharge?

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15:16 20 May 20
I was represented by Anny Wang for my failure to blow case. She was very professional and attentive. In the end, she... did exactly what was required and I highly suggest anyone with a similar case to contact Anny. You won't regret it.read more
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Everyone i interacted with here was extremely friendly and helpful. Anny Wang helped me feel at ease about my situation... that all of the other lawyers i consulted with did not. Overall my experience here was concise and clear, and I ended up with the best outcome I could've hoped for. She even offered to lower her pricing because of my financial situation. I highly recommend seeing them if you need a lawyer!read more
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12:25 12 Mar 20
Savage Oykhman Law has a fantastic team of hardworking experts, who cared greatly for my case, as I know they will for... your's as well. Daniel Murphy sympathized with my circumstances, while advocating with determination for a reasonable judgement. As I agreed with the professionalism of Daniel Murphy and his assistant Christine, and their consideration towards the sensitivity of my unfortunate circumstances. It was worth giving them the chance to solve my issues, to my surprise, they went above and beyond my expectations, while keeping my mind level throughout the process. My charge ended up being dropped. I honestly cannot thank-you enough, for all your hard-work and help!read more
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This firm is awesome! Dan Murphy represented me he addressed any doubts I had about my case and gave me the correct... legal advise when I asked him. The staff is very friendly and helpful. Dan Murphy got my charges dropped within months and for that I would say hes not only a winner but a Champion! I am so glad I had him representing me!read more
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00:31 14 Feb 20
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Kang Danielle
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17:09 21 Nov 19
Dan Murphy gave me the best option so everyone involved didn’t have to waste their time. It was super easy from the... beginning to the end, and I’m very pleased with the way it turned out. The staff are very professional and attentive to meet your needs. I hope you don’t have to meet a lawyer, but if you do, I highly recommend this firm.read more
Chris Edmonton
Chris Edmonton
19:17 19 Nov 19
I was represented by Anny Wang (and Danielle) and both were a pleasure to deal with! My case was withdrawn in the end... after their hard work and recommendations. She was easy to deal with, went into thorough details and whenever possible, reached out to myself with updates. In general though, everyone at Savage Oykhman were easy to deal with, including the front desk. While I hope to never run into needing their services, don't hesitate reaching out to Anny for any issues you may run into, I will certainly be keeping her card! Definitely earned the 5 star review and praise.read more
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17:38 04 Nov 19
Anny Wang is amazing! My case got completely thrown out. She is compassionate, amazing and very well educated in many... fields of law. The whole team at Savage Oykhman Edmonton is absolutely amazing and helpful. I would recommend this law firm to absolutely anyone!! I give them a 5+++ rating. Absolutely amazing.read more
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