An accused person may be acquitted after the trial if there is not enough evidence proving the person’s guilt.
A Stay of Proceedings happens when the parties cannot determine the merits of the case, usually because of an unfair procedure such as a violation of Charter rights.
Even before the trial, if the defense counsel notices very little evidence supporting the Crown, then the sentence can be withdrawn. It can also be withdrawn in exchange for the accused person committing to a Peace Bond, which requires the accused to keep away from the complainant for a given period of time. Lastly, the sentence can also be withdrawn if the accused becomes eligible for a Diversion of the Charges.
While a discharge means that the court has found the accused person guilty, a sentence of discharge means the person is free without being convicted. A conditional discharge means that the person has to satisfy certain conditions to be free.
A probationary sentence is usually combined with other sentences. In it the accused must fulfill a term of probation and is required to report regularly to a probation officer until all conditions have been met.
The court may order restitution, which means that the damage the accused may have done to another person or that other person’s property has to be paid back.
Start Your Immediate Free Consultation Now
Our law firm has offices in Toronto (North York), Kitchener, London, and Windsor to help clients throughout Ontario start building their strongest possible defence as soon as possible.
We know you have questions that can't wait for an answer. That's why our firm provides an immediate confidential consultation where you can tell us your story free of charge. Contact us today to see how good it feels to have someone on your side.