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
charlesbcôté
Avocat criminaliste | Criminal law specialist
© 2012 Charles B. Côté, avocat criminaliste
514.894.9988
514.845.5660
514.313.5588
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Q. If I did nothing wrong, why not make a statement to the police?
A. 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.
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 However, if the accusations are withdrawn, or you are acquitted, we will ask the local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may not be able to apply for certain jobs or worse yet, a job offer could be withdrawn based on a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the conviction is time-limited and will automatically be withdrawn from the record either after a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.
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