Have you been arrested for a drug-related crime? Well, in that case, you would want to know the consequences you will have to face. But before going ahead with it, you need to know that all the offenses that fall under the Criminal Code of Canada as well as other legislation like the Controlled Drugs and Substance Act, are divided into three categories that are summary, indictable, or hybrid. You can get a better idea about all these with the help of an experienced criminal lawyer like Mitch Engel Brampton.
A summary offense is less severe as far as the kind of crime and the penalty or sentence is concerned. On the other hand, indictable offense comprises serious crimes and involve serious sentences. A hybrid offense is a crime in which the Crown Prosecutor will take the decision whether it should be carried forward as a summary or indictment based on the severity.
Summary offenses
Summary offenses are less serious crimes, and so the punishment is also less. When charged under summary offense, the hearing takes place in the Provincial Court through the judge. In case of summary offenses, you do not have to show your personal presence in the court, if you have a criminal defence lawyer Brampton who can appear on your behalf. There can be an exception to this. Exception can be when the judge places an order that you need to be personally present. In such a situation, your presence is important, or else there will be an arrest warrant against you.
If you have been charged under summary offenses, the maximum jail time that you will have to face is of two years. You will have to serve your jail time in the provincial institution. The jail time and fines are less when compared to indictable offenses.
Indictable offenses
Indictable offenses are the ones that are more serious and involve high fines and longer jail time which can involve life imprisonment. For such kinds of offenses, you get the option to deal with them in Superior Court or Provincial Court.
Even, if you have hired a criminal defence lawyer Brampton to defend your indictable offense, you are required to personally be present unless there is a designation of counsel filled. It is the formal document that is signed by your criminal defense lawyer Brampton and you allowing them to be present in the court on your behalf of you. If such a document has not been filed and you are not present in the court, there is a probability of arrest warrant issued by the court.
When you are convicted of this kind of offense and given jail time of fewer than two years, it needs to be served in the provincial institution. However, if it is more than two years, it needs to be served in the federal penitentiary.
Being arrested in a criminal case can be a serious matter. It can have a negative impact on your career, family, and future. Hence, you must take the right steps at the right time. The best step that you can take is to get in touch with a criminal defense lawyer Brampton that understands different procedural decisions for protecting your future. Mitch Engel Law firm has a team of a knowledgeable and experienced lawyers to help you with your criminal case.
