Absolute or Conditional Discharge
How to avoid a criminal record in Montreal and Quebec City
Absolute or conditional discharge: how to avoid a criminal record?
During the interview, the criminal lawyer should review their client’s complete profile and the circumstances under which the crime was committed.
To do this, they should forge a strong bond of trust with the client.
The criminal lawyer should be on the lookout for factors that may have contributed to the commission of the offence, and they should analyze the mitigating factors of the case. In addition, the defence attorney should guide their client towards choices that will bring about significant changes in their lifestyle, if lifestyle is the problem.
The client should get involved in their case to arrive at the result they want to achieve.
The goal during sentencing representations is to demonstrate to the court that the client has been fully rehabilitated and that they don’t need a deterrent sentence to prevent them from committing a new criminal offence.
To obtain an absolute or conditional discharge, it’s not enough just to prove that the person is an active member of society and that a criminal record could put an end to their career or their current job; you should also emphasize that the absence of a conviction won’t go against the public interest.
Find out how to legally obtain an absolute or conditional discharge.
Choosing the right lawyer is important for obtaining an absolute or conditional discharge.
(French Video)
The goal of Doyon Avocats is to offer you the best possible result when it comes to discharges.
Practicing law with honour and integrity is one of our most fundamental values. We’re a law firm that offers our clients personalized service, and we guarantee the best defence, period (see our recent successes).
Some recent successes in relation to cases where our clients obtained an absolute or conditional discharge:
A permanent resident obtains an absolute discharge.
A client obtains a conditional discharge despite the presence of a criminal record.
A military service member accused of endangering the morals of a child avoids a criminal record.
A 16-year-old avoids a criminal record.
A military service member obtains a second discharge in Québec.
A law student receives an absolute discharge.
A client accused of stealing from their employer obtains a conditional discharge in Québec.
A client obtains a second absolute discharge.
A client accused of assaulting their child receives a conditional discharge in Québec.
A future accountant avoids a criminal record.
A client accused of breaking and entering obtains an absolute discharge in Montréal.
A client accused of an indecent act obtains an absolute discharge in Montréal.
A client working in the security field accused of mischief under $5000.00 obtains an absolute discharge.
A client accused of mischief under $5000.00 obtains an absolute discharge.
A client accused of breaking and entering is acquitted and finally obtains an absolute discharge and avoids expulsion from the country.A client accused of breaking and entering obtains an absolute discharge in Montréal.
A military service member will be able to pursue his career
What are the mitigating factors to plead before the court?
Drug-related crimes
- Absence of a criminal record.
- Young age of the accused.
- Guilty plea (a sign of rehabilitation).
- Incriminating statement and cooperation with the police.
- Stopped taking drugs after the arrest.
- No trivialization or minimization of drugs.
- Circumstances leading to the commission of the offence (depression, bankruptcy, trouble concentrating, etc.)
- Therapy to help them stop taking drugs, if applicable.
- The accused has sorted out the company they keep.
- Regrets and awareness of the harmful effects of drugs.
- Positive lifestyle and low risk of recidivism.
- Compliance with the conditions of their release.
- Deterrent effect of the legal process.
- Provisional detention, if applicable.
- Family support (generally a family member coming to testify).
Crimes against the person
- Absence of a criminal record.
- Young age of the accused.
- Guilty plea, thus preventing the victim from having to testify during the proceedings.
- Incriminating statement and cooperation with the police.
- Circumstances leading to the commission of the act (depression, bankruptcy, drinking problem).
- Sincere regrets and empathy towards the victim.
- Compliance with the conditions of their release (the accused has respected the prohibition against contacting the victim).
- Therapy to deal with the drinking problem.
- Desire to make amends to the victim (in fraud cases, paying the victim back will be considered when deciding whether to grant the discharge).
- Positive lifestyle and significant changes in the life of the accused.
- Deterrent effect of the legal process.
- Provisional detention, if applicable.
- Family support (generally a family member coming to testify).
Crimes against property
- Absence of a criminal record.
- Young age of the accused.
- Guilty plea (a sign of rehabilitation).
- Incriminating statement and cooperation with the police.
- Circumstances leading to the commission of the act (advanced state of inebriation of the accused, which is nevertheless not an excuse).
- Reimbursement of the damage caused to the victim’s property or business.
- No trivialization or minimization of the act.
- Sincere regrets and shame.
- Compliance with the conditions of their release.
- Positive lifestyle and significant changes in the life of the accused.
- Deterrent effect of the legal process.
- Provisional detention, if applicable.
- Family support (generally a family member coming to testify)
What are the legal criteria to be met once in court?
The criminal lawyer must first meet the criteria of Section 730 of the Criminal Code to prevent their client from getting a criminal record.
Under the provisions of Section 730 Cr., an accused who receives an absolute discharge is deemed to have no criminal record relating to the criminal offence committed by them.
Two criteria must be met under the Criminal Code.
- Genuine interest:
The accused must demonstrate that they are a person of good morals, generally without a criminal record. Through their testimony, they must demonstrate that they are an active member of society and that a criminal record could jeopardize their career. It’s not essential to have an important job during when applying for an absolute discharge. For example, a student with serious career plans can easily demonstrate through their testimony that a criminal record could compromise their future career plans. In certain cases, they must demonstrate personal growth since the date of the infraction. The greater the objective seriousness of the offence is, the more difficult it will be to satisfy this criterion.
2. Public interest:
The accused must demonstrate that a well-informed person who attends the public hearing would not be shocked to learn that the court is granting an absolute discharge to the accused under the circumstances of the offence. For example, the accused must demonstrate sincere remorse and regret towards the victim(s). In most cases, a donation to a charitable organization is necessary, since the court considers this act a sign of reparation. The more serious the nature of the offence is, jurisprudence teaches us that the accused must show significant proof of public interest. Compared to an individual accused of shoplifting, therefore, someone accused of assault causing bodily harm within the context of domestic violence must provide much more significant proof of public interest.
Contact us quickly to obtain a precise legal opinion on your chances of successfully avoiding a criminal record.