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CHARLES B. CÔTÉ
Avocat criminaliste | Criminal law specialist
Charles B. Côté
Avocat criminaliste
507, Place d’Armes
Bureau 1212
Montréal, Québec
H2Y 2W8
T 514.845.5660
F 514.313.5588
C 514.894.9988
© 2011 Charles B. Côté, avocat criminaliste
FREQUENTLY ASKED QUESTIONS
Q. Can you guarantee me the results I desire?
A. No. According to the law and the rules governing attorneys, we cannot guarantee the desired result. An attorney
does however have the obligation to do his best to accomplish the mandate and respect the law in doing so.
Q. If I am not guilty of the accusation, can the police still take my fingerprints?
A. Yes. However, if the accusations are withdrawn, or you are acquitted, we will ask the local police to close your file
and we will also ask the Royal Canadian Mounted Police (RCMP) to do the same with regards to the national
repository of criminal records.
Q. If the only consequence of my accusation is a fine, why bother investing so much in a defense?
A. The result of having a criminal record has more far-reaching consequences than a fine, no matter the amount. For
example, your right to visit the U.S.A. can be limited or even denied. You may not be able to apply for certain jobs or
worse yet, a job offer could be withdrawn based on a criminal record.
Q. If I am found guilty, do I automatically get a criminal record?
A. Yes. However, depending on the type of accusation you faced and the particular circumstances of a file, an
absolute or conditional discharge is possible at the time of sentencing. This means that the conviction is time-limited
and will automatically be withdrawn from the record either after a period of one (1) year or three (3) years depending
on the type of discharge. For other sentences, only rehabilitation, after a certain number of years, can be applied for
in order to withdraw the criminal record. Just because you were convicted, you don’t have to be stigmatized for the
rest of your life. Rehabilitation or a pardon can help you clear your record and get a fresh start.
IF I DID NOTHING WRONG, WHY NOT MAKE A STATEMENT TO THE POLICE ?
Why? Because you don’t know what the police are looking for. If someone has filed a false police
report against you, but in the eyes of the police it is credible, they have to charge you, even if you
deny the whole thing. Your answers could either be taken out of context or you could end up
accidentally corroborating the complainant’s version. So why risk it? Just stay quiet.
You have the right to remain silent. Remain silent.
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