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Toronto Mischief Charges Lawyer

Defend Toronto Mischief Charges

We provide affordable criminal lawyer representation for Mischief under $5,000 charges (Section 430 of the Criminal Code of Canada).


If you've been charged with mischief under $5,000 it is in your best interest to retain a lawyer to defend you. Hiring a lawyer can help you negotiate a favourable resolution such as having the charges dropped or a conditional discharge, which will allow you to avoid a criminal record.

Consequences of a Mischief Conviction

Mischief is a criminal is a criminal offence under Section 430 of the Criminal Code of Canada that can result in severe penalties and a criminal record.

The consequences being convicted of mischief can include:
  • job loss
  • fines, probation, and possible of imprisonment
  • problems with immigration, permanent residence, and citizenship applications
  • being deemed ineligible for certain professions, jobs, and opportunities
  • being denied entry into the United States or other countries
  • living with the social stigma of a criminal record
  • risk of the conviction being reported publicly in the media
  • obtaining a criminal record that will be stored and accessible in the national CPIC database
For individuals without criminal histories the effect of a criminal mischief conviction on their livelihood, freedom, and future opportunities life can be tremendous.

Getting the Crown to drop or withdraw Mischief charges

If you've been charged with mischief (under $5,000), the best possible outcome is for the Crown Attorney to agree not to prosecute you and withdraw (drop) the charges.

If you retain us to represent you, our primary goal is to negotiate and obtain an agreement with the Crown Attorney's office that includes getting the charges against you dropped. This means that you will not be prosecuted and will not receive any criminal record or conviction.

In some cases, we are able to negotiate the dropping of mischief charges in exchange for the accused undertaking certain tasks, which may include:
  • making charitable donations
  • agreements to enter into a peace bond
  • making a payment of restitution
  • write a letter of apology
  • agreements to undergo counselling

Will the Crown Attorney (prosecutor) always drop mischief charges?

No. Ultimately, it is the Crown's decision whether to prosecute the accused. The main factors that Crown Attorney's look at in determining whether to prosecute include:
  1. the accused's criminal history (if any);
  2. whether the accused has other charges pending;
  3. the nature of accused's relationship to the property owner (victim);
  4. the seriousness of the case, including amount of damage;
  5. the presence of alcohol or drug use
  6. the accused admitting responsibility for what happened
It is important to have a criminal lawyer negotiate your case on your behalf as it is sometimes possible to persuade the Crown prosecutor to withdraw mischief charges even in cases where they first intend to prosecute. Some prosecutors are less willing to agree to withdraw charges than others. Having an experienced lawyer represent you, who knows the best prosecutors to deal with, increases your chances of obtaining a favourable resolution.

What if the Crown Attorney refuses to drop the charges?

If we are unable to get the Crown Prosecutor to agree to drop the charges our focus switches to finding another resolution that does not involve you obtaining a long lasting criminal record, such as an absolute or conditional discharge.

The issuance of a discharge is ultimately the Judge's decision based on the prior case law and criteria for a discharge enumerated in the Criminal Code. Discharges are not always given just because the individual is a first time offender. The defence must work to convince the judge that it is warranted and in the public interest.

Even if the Crown opposes a discharge or takes no position, it is at the full discretion of the Judge. Our lawyer has successfully obtained discharges for clients even in cases where the Crown has opposed it in court.

Will I be defended by an actual criminal lawyer or a paralegal?

You will be represented only by a Practising Lawyer certified by the Law Society of Upper Canada, not a paralegal.

Having an actual lawyer represent you has numerous advantages, including the privacy protections guaranteed by attorney/client privilege. With your reputation and future on the line, you deserve nothing less than the highest level of discreet and confidential representation by a criminal lawyer.

What additional services do you offer your clients?

In addition to representing you, our flat fee also includes:
  1. Information on exactly how you can get your fingerprints and records destroyed in cases where we get the charges dropped;
  2. How to handle future questions from potential employers and law enforcement officials regarding the incident;
  3. Important advice and information regarding how to successfully travel to the US and other countries

How long will this process take?

Most cases take a few months to resolve. Depending on whether there is an agreement to have the charges dropped or not, there are normally at least 2 - 3 court appearances required. For some types of court appearances, we are also able to attend court on your behalf (allowing you not to miss work).

Factors that can delay the process include the disclosure not being ready by the first court date, time required to complete possible counselling, victim impact statements, and other scheduling matters.

Our goal is to have the charges dropped or the matter otherwise successfully resolved as quickly as possible. This being said, we will not hesitate to delay your case if we feel it is in your best interest.


Call us today.

You don't have to jeopardize your future or waste thousands of dollars on excessive legal fees. We provide effective and affordable lawyer representation for those charged with mischief under $5,000 in the Toronto area.

Have a skilled criminal lawyer who focuses on mischief charges protect you and your future from the stigma and consequences of a criminal record and conviction.


    call us: 647-228-5969

    contact@torontomischieflawyer.ca


  call us: 647-228-5969

  contact@torontomischieflawyer.ca

Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Upper Canada. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • US travel advice and information
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Help with related immigration issues
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel


* Please note:

If you are not a paying client, we cannot answer questions and provide assistance with US travel, immigration, employment background checks, and avoiding a criminal record. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can take calls/emails relating to GTA area cases. Please see our FAQ for a listing of the courthouses we service.

Are you a lawyer? If you are defending a mischief under $5000 related case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.


         

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  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • US travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel
  We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • US travel advice and information
  • Help with related immigration issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel