In most cases, the court will sentence the accused to a detention period in the event of a conviction for sexual offences. For many sexual offences, the law provides for a minimum detention sentence. An individual found guilty of one of these offences will be added to the Sex Offender Registry for a minimum of 10 years. This register imposes obligations that, if not followed, lead to new charges. For most sexual offences, the law excludes the possibility of applying for an exoneration or probation (detention sentence served in the community).
FREQUENTLY ASKED QUESTIONS
Any doubts or questioning? Consult our frequently asked questions section below:
I WAS ARRESTED. WHAT SHOULD I DO?
The police probably gave you certain documents (promise to appear, conditions, licence suspension, etc.), or you may have received a summons by mail. Be sure to keep these documents for Me Benoît. Write down the story of the events that led to your arrest and do not discuss these details with anyone other than us.
DO I NEED A LAWYER?
Generally, you do not have to be represented by a lawyer. However, as defence lawyers, Me Benoît is a specialist and knows the criminal law, the procedure and the rules you have to follow. He can advise you properly and maximize your chances of getting the best possible result.
Contact Me Benoît for more information.
DO I HAVE TO HAVE MY FINGERPRINTS TAKEN?
Read any documents you received very carefully. Depending on the charge, a date for taking your fingerprints may be included in these papers. Failure to report to the police station on that date may result in a breakage charge against you.
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DO I HAVE A DEFENCE? IS AN ACQUITTAL POSSIBLE?
Every case is different, and there may even be several possible defences for you. Me Benoît will explain them to you. Know that the Crown Attorney must demonstrate your guilt beyond a reasonable doubt. He will also ensure your constitutional rights have been respected and seek redress, if it was not the case.
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I DO NOT WANT TO GO TO TRIAL. WHAT HAPPENS IF I PLEAD GUILTY?
Pleading guilty or being convicted after trial usually results in a criminal record. Me Benoît can save you this situation, if at all possible in your case. He will negotiate with the Crown to withdraw some or all of the charges. If necessary, he will negotiate the best possible sentence for you, considering the specificities of your situation. Exoneration will save you from having a criminal record.
WHAT IS THE IMPACT OF HAVING A CRIMINAL RECORD?
Huge. For example, you may not be able to travel to certain countries or hold some jobs. Maybe these consequences do not seem too restrictive to you now, but you never know what opportunities the future holds, and will not want to miss them. You might be able to get an exoneration. Do not take the situation lightly.
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WHAT ARE MY CHANCES OF AVOIDING TRIAL?
95% of criminal charges are settled through negotiation. The parties can negotiate the charges or the sentences and then come to an agreement they propose to the court. Through this process, Me Benoît can obtain the total or partial withdrawal of the charges, or the application of a sentence that satisfies both parties. He is experienced in these negotiations and, with our great knowledge of criminal law, he will make sure we get the best possible result.