Background
She represents adults, youths and corporations charged with criminal code and provincial code offences.
Maureen Currie has been practicing law since 1988.
Thereafter Ms. Currie has been actively engaged in the practice of criminal defence. While a successful criminal defence involves careful preparation and research, many cases can often be quickly resolved by negotiation, behind the scenes, to address criminal charges as simply and inexpensively as possible. But when it is necessary to take a case through to trial she will not hesitate to vigorously defend your interests. Her commitment is to provide quality and cost effective legal representation. Each of our clients receives close personal attention and assistance while their legal rights are protected. We listen to their concerns and explain the legal process to them. We keep them informed of the status of their case. When we are not immediately available to take their telephone calls, we ensure that they are returned within 24 hours.
Criminal Records Can Have a Lasting Effect
A criminal record can restrict a person’s ability to obtain or keep employment, pursue advanced education, become a Canadian citizen, and travel (particularly to the USA). For these reasons alone, a person charged with an offence should always consult a criminal lawyer before the first court appearance. Many people have made the mistake of pleading guilty without legal advice, just to “get it over with” and have found out too late the problems associated with having a criminal record.
We will be able to advise whether it would be in your best interests to proceed to trial or to attempt to resolve the charge by one of the methods below to avoid a criminal record.
We have extensive coverage in Ontario covering Oakville, Mississauga, Milton, Georgetown, Campbellville, Burlington, Hamilton and the Niagara Region. We also take cases in other regions so please call us if your area is not listed.
Dismissal or Stay of Proceedings
If a charge is dismissed at trial or if crown counsel (the prosecutor) decides at some time prior to trial to enter a stay of proceedings (terminate the charge), there of course will be no criminal record. Sometimes, and in certain circumstances, we can persuade crown counsel to enter a stay of proceedings or withdraw the charge prior to trial. An example would be if certain evidence came to light that was not available to crown counsel at the time of the laying of the charge.
Alternative Measures Program or Diversion Program
Alternative measures, also referred to as diversion, may be available to an accused person for certain offences, if certain conditions are met. If an accused qualifies for the alternative measures program and completes all conditions imposed by the program, crown counsel will enter a stay of proceedings of the charge, which means that there will be no criminal record. Generally, a first time offender charged with a minor, non-violent crime would be an excellent candidate.
Discharge
If an accused person does not qualify for alternative measures, the case will be dealt with by the Court. However, the accused may be successful in obtaining an absolute or conditional discharge if he or she pleads guilty or is found guilty of an offence which does not have a minimum sentence or is punishable by imprisonment for less than fourteen years. The Court must also be convinced that not only would the discharge be in the best interests of the accused but it must also not be contrary to the public interest.
If the Court is of the opinion that a discharge is appropriate, it will, instead of convicting the accused, direct that he or she be discharged absolutely or on conditions set out in a probation order. An absolute discharge takes effect immediately and the accused is not considered convicted of the offence. The more usual scenario is a conditional discharge where the individual is placed on probation for a period of time with conditions to be met, and the discharge does not become absolute until the completion of the probation.
Peace Bond
On occasion, crown counsel will agree to an accused person entering a peace bond when that person has been charged with a violence related offence such as assault, threatening, etc. The accused is placed on probation for the maximum period of one year with appropriate conditions. Usually there are conditions prohibiting or restricting the accused from contacting the complainant (victim) in the case. A peace bond is not a conviction and therefore not a criminal record.
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