How Do I Defend Against a Fishing or Hunting Charge?
Fighting a Fishing or Hunting Charge Happens In Five Carefully Planned Steps:
1. Reviewing the Charging Document For Fatal Errors;
2. Assessing Risks of Hunting and/or Firearm Licence Suspension and/or Prohibition, etc.;
3. Reviewing the Available Evidence and Defence Strategies;
4. Attending Pre-Trial Hearings; and
5. Fighting the Charge at Trial.
Understanding How to Get DefendCharges.ca Started In the Five Step Process of Fighting Your Fish and Wildlife Conservation Act Charge, or Related Offence Charges
DefendCharges.ca is ready to help guide and serve you through the process of fighting a hunting or gaming offence. Once hired to serve on your behalf, DefendCharges.ca gets started with the five-step process shown below. Throughout the entire process, DefendCharges.ca keeps abreast of changes to the Provincial Offences Act, R.S.O. 1990, c. P.33 as the procedural law applicable to fishing and hunting activities, the Fish and Wildlife Conservation Act, R.S.O. 1990, c. H.8. as the substantive law applicable to fish and wildlife conservation act offences, as well as relevant precedent case law decisions. By keeping focused upon changes in the law, as well as providing a focus upon your specific case, DefendCharges.ca assures that you are in good hands and helps to provide the peace of mind that you need to make the stress and worries of an unlawful fishing or hunting charge much easier. DefendCharges.ca helps you by acting as your guide and legal advisor through all the necessary steps.
DefendCharges.ca Helps You With These Important Steps:
Step One - Review the Ticket
- To review the ticket as a charging document (formally known as an Offence Notice or Summons); and
- To determine whether the offence notice contains any substantial mistakes as 'fatal flaws' that could get the charge thrown out;
Step Two - Assess Your Situation
- To review the nature and severity of the charge(s);
- To review your history of past fishing and/or hunting offences;
- To discuss with you the applicable fines and victim surcharge costs that will be applicable if you are convicted of the charge;
- To discuss with you any other applicable penalties, such as probations, hunting licence suspension, hunter re-training, if any, and likely affects, if any, that will be registered against you if convicted;
- To discuss with you the various options in which to proceed including the potential upside and downside concerns; and
- To explain what happens next.
Step Three - Review the Case
- To order and obtain disclosure from the Prosecutor;
- To request additional disclosures from the Prosecutor, if necessary;
- To review the evidence that will be used against you by the Prosecutor;
- To review the relevant laws applicable to the legal issues involved with the type of charge against you;
- To evaluate the strength of the case against your including potential holes that may be poked in the evidence;
- To discuss with you any changes in opinion regarding your various options in which to proceed;
- To provide advice as to what options appear in your best interests.
Step Four - Provide Pre-Trial Advocacy
- To make contact with, and to review the position of, the Prosecutor;
- To attend the Early Resolution Meeting to further review the position of the Prosecutor;
- To review your options regarding the upside and downside of any plea deal offered by the Prosecutor;
- To provide your with information and advice to assist you in considering your plea deal options, if any;
- To assist you in accepting the plea deal if you choose to do so (unless prohibited by law);
- To prepare and file the paperwork required for any pre-trial hearings, if necessary, such as when seeking a court order for further disclosure documents;
- To attend and act on your behalf at any pre-trial hearings;
- To discuss with you any further changes in opinion regarding your various options in which to proceed; and
- To provide updated advice as to what options appear in your best interests.
Step Five - Provide Trial Advocacy
- To attend the trial hearing with you;
- To cross-examine, meaning question, the witnesses called by the Prosecutor;
- To challenge, where relevant and appropriate and necessary, the validity of, and the facts within, the evidence documents and witness information;
- To examine, meaning question, your witnesses, if any, and present evidence documents via your witnesses, if any;
- To act resolutely, without fear, in your best interest in the effort to poke holes in the case put forth by the Prosecutor;
- To argue on your behalf the relevant legal principles as applicable to the facts and law of the case;
- To make every legal effort to create reasonable doubt in the case of the Prosecutor;
- To assist you with argument regarding sentencing, if required; and
- To remain at your side to support you through every part of the process.
The professional representation of DefendCharges.ca can help you to put up the strongest fight possible against Fish and Wildlife Conservation Act offence or to help reduce the offence to a lesser charge and possibly to reduce the fine or other conseuqences. Protecting your fishing and/or hunting licence, privilege to fish/hunt and possess firearms, among other things.Learn More About
The Fish and Wildlife Conservation Act