Discharge Lawyers Saskatchewan
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 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.
Hi this review is for my lawyer Lisa smart. Lisa thank you for helping me out and for not judging me and my mistakes. I wasn’t good before from all the trauma and that wasn’t me and it made me feel alot better when you said you understand and when you said to just take a breathe and not worry as much because I was in good hands. Because I was in the best hands. I was so scared I was going to go to jail and scared of what would happen to my kids because they need their mom. Thank you for fighting for me and making sure they have a mom and one whose not in jail.
Lisa was kind and compassionate and did everything she could to ease my fears. She explained the process to me and walked me through all the possible outcomes which really reduced my stress. I can’t thank her enough for not only getting my charges dropped and helping me to move forward past my mistake but also for always making sure I was hanging in there along the way. Anyone who needs a criminal lawyer would be well served in hiring Lisa Smart.
Lisa is absolutely terrific I would highly recommended her for your lawyer needs. She’s not only passionate and organized she goes above and beyond. Lisa answers all your questions with great detail and explanation. She keeps you updated and never in the dark. If you need a lawyer who will see it through and be on top of everything Lisa is your lawyer.
Lisa at Oykhman Criminal Defence Law Office is amazing at what she does. She’s got a lot of compassion for her clients, great communication skills, and will actually sit down to listen to what you have to say, she’s willing to lend an ear when needed. I cannot thank Lisa enough for what she has done for us, if you need a lawyer, Lisa is your girl.
Lisa is so awesome that she didn’t just take away my stress, she straight up made defending my charges fun! strongly considering committing a new criminal offence so I can hang out with her again! Just kidding. Seriously though, if you get charged with something and are thinking ‘shoot I don’t have a guy for that’, then take my word that Lisa Smart at Oykhman Criminal Defence should DEFINITELY be your guy. She’s smart as whip, chill and down to earth and not at all pret