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  1. #1
    Join Date
    Dec 2005
    Location
    ontario
    Posts
    4

    Default Absolute and Conditional Discharge

    I need to know the difference between absolute and conditional discharge?
    I hired a lawyer for a pretrial with the crown and Lawyer told me that I would be
    Offered a conditional discharge, 12 months probation and 200 $ donation if I plead guilty . I am in process of hiring another lawyer. I have been charged with minor assault with the security guard of store (pushing) and shoplifting stuff worth 75$.
    New lawyer says that he will get me a diversion (50% chance) or a peace bond or at least absolute discharge. I am a new immigrant and filing my application after a year for citizenship. I need to know whether it is going to affect it as well as is it a right way to hire another lawyer and try for the above-mentioned alternatives.
    My old lawyer refused to get me a diversion he said that in your case it is impossible to get a diversion.
    Is it true that in absolute discharge you get a criminal record for one year and in case of conditional discharge you get it for 3 years.
    How we can remove criminal record?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Absolte & Conditional Discharge

    If a person receives an absolute discharge, that person is deemed not to have been convicted (although he has been found "guilty").

    If a person receives a conditional discharge, the discharge does not become "absolute" until the person has complied with all conditions that the court has attached to the discharge. Once the person complies with all the conditions associated with the discharge, the discharge becomes absolute and the person is deemed not to have been convicted.

    Following discharge, certain court records and police records are maintained. According to the RCMP website, for young offenders, the record of an absolute discharge is maintained in a special repository for one year from the date of sentence, and the record of a conditional discharge is maintained in a special repository for three years from the date of sentence. For adult offenders, absolute discharges are removed from the criminal record after a period of one year from the date of sentence, and conditional discharges are removed from the criminal record three years following the date of the sentence.

  3. #3
    Join Date
    Dec 2005
    Location
    ontario
    Posts
    4

    Default THANX

    THANX A LOT FOR YR ADVISE.I WILL APPRECIATE IF YOU CAN ADVISE ME WHETHER I SHUD HIRE A LAWYER FOR DIVERSION / PEACE BOND . CAN YOU ALSE PLS SUGGEST ME IF THAT GONNA GIVE ME ANY CRIMINAL RECORD.

  4. #4
    Join Date
    Dec 2005
    Location
    ontario
    Posts
    4

    Default HELP

    CAN SOMEONE GUIDE ME WHETHER I SHUD HIRE A LAWYER OR NOT.
    WHAT IS PEACE BOND .

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Hiring a Lawyer

    You've talked to two lawyers. If you believe one of them can assist you or improve your status at sentencing, then you should consider hiring him. But ultimately it's your decision - not one we can make for you.

  6. #6
    Join Date
    Dec 2005
    Location
    ontario
    Posts
    4

    Default THANX

    THANX AARON,
    ONE MORE FAVOUR CAN YOU PLEASE TELL ME MORE ABOUT PEACE BOND AND HOW IT GONNA HELP ME IN GETTING OUT OF CRIMINAL RECORD.

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Peace Bond

    According to the Department of Justice, Canada:
    Quote Quoting Peace Bonds
    If you have a reasonable fear that someone is going to harm you, your children or your property, you can ask the court for a peace bond. A peace bond is a court order that requires another person to “keep the peace” for a certain amount of time and obey any other conditions ordered. A peace bond does not cost anything, and you do not need a lawyer to get one.

    Depending on where you live, the police or Crown prosecutor can help you through this process. The person you fear will be given a summons to appear in court at a certain time and place. You may be required to attend as well — be sure to check with the police. A Crown prosecutor will explain the situation to the judge. If the court is satisfied that you have reasonable grounds to fear for your own safety or the safety of your children or property, the judge will ask the person you fear to enter into a peace bond.

    If the person you fear agrees to the peace bond, the judge will grant it right away. If the person you fear will not voluntarily agree to enter into a peace bond, the judge will order a hearing, which you must attend. The judge will hear testimony from both sides, to decide whether to order the peace bond. The Crown prosecutor can tell you about support services that are available to assist victims through this process.

    A peace bond is not a criminal conviction. As long as the conditions of the peace bond are met, the person will not be charged with a criminal offence. If the conditions are broken, the person can be charged with a criminal offence. If convicted, they can be fined and/or jailed and will then have a criminal record.

  8. #8
    Join Date
    Jan 2009
    Posts
    1

    Default Re: Absolute and Conditional Discharge

    Aaron
    This is not necessarily the case. I do have a family member who 20 years ago shoplifted. She was given a conditional discharge and completed all items necessary to finish the discharge. She went to apply for a new job this week and was told that they would love to hire her but couldnt due to her crminal record. She was of course shocked thinking that this was removed and would never resurface. She went to the local police department thinking that an error was made she was told she would have to apply for a pardon as the rcmp do not have to keep these separate from other records that is why it is still showing up.

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