Will I get a criminal record for my charges? How do I resolve my case with no criminal record?
If you have been charged with a criminal offence (typically a Criminal Code or Controlled Drugs and Substances offence) you will get a criminal record if you are convicted, either after trial or pleading guilty. Of course, if you win the case at trial you will not have a criminal record. But you don’t always have to take the case to trial to avoid a criminal record.
The best way to avoid a criminal record for your criminal charges is to convince the prosecutor to withdraw the charges completely. The primary considerations from the prosecutor’s perspective are whether there is a reasonable likelihood of conviction, and whether it is in the public interest to pursue a prosecution. Establishing a problem with the likelihood of conviction requires a legal analysis.
For example, if we can identify a clear problem with the prosecutor’s case (like a witness dying or moving away), that would present a sufficient problem to negate the likelihood of conviction. Convincing a prosecutor that there is no public interest in prosecuting a person requires more of a common sense approach.
For example, one of our cases involved a husband who had threatened his wife. The wife reported the threat to the police and the police issued a warrant for the husband’s arrest. Neither the husband or wife knew about it, and had since parted ways amicably and resolved all outstanding issues. The husband was arrested during a traffic stop, but when the matter went to court, we successfully convinced the prosecutor that the matter had already resolved itself and there was no public interest in prosecuting the husband.
Even when the charges are not withdrawn, there are still several opportunities to resolve the matter without a criminal record, including:
- Extrajudicial sanctions (for youth matters)
- Alternative Measures Program
- Mental Health Diversion
- Criminal Code Peace Bond
- Common Law Peace Bond
- Informal Peace Bond
- Absolute Discharge
- Conditional Discharge
- Curative Discharge
For a detailed summary of the many ways a criminal record can be avoided without going to trial, please visit the Resolutions page, and the Sentencing page of this website.
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Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.
Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.
I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.
Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.
Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.