Denied Entry to the USA - Even Without a Criminal Record

The Problem

Canadians without a criminal record are being denied entry to the United States of America.

In the past 6 months, I have had two people contact me because they were refused entry into the United States of America. Even though neither of them had a criminal record.

The first person was trying to enter by land. They were charged with some property offences, but all of the charges were a stay of proceedings (the charges were dropped) over 5 years ago. Although they were arrested and charged, the charges were dropped, so they did not have a criminal conviction or a criminal record at all.

The second person was trying to enter by air. They were charged with an offence and a breach of probation, but were sentenced to a conditional discharge. A discharge is not a criminal conviction or a criminal record, but is considered “a finding of guilt.” A person with a discharge can honestly say that they do not have a criminal record. After a period of time, the discharge will not even appear on a criminal record check. In this case, it had been long enough that the discharge would not appear on a criminal record check.

In both cases, US Border Officials wanted paperwork from the Court that confirmed the charges were dropped or a discharge was the sentence. Since neither of them ever had an issue before, they did not have any court paperwork with them and their travel plans were ruined.

I think it is important to understand that people trying to enter the US will either be considered admissible or inadmissible. There are several reasons why you would be inadmissible to enter the US due to criminal reasons (in other words, they can’t let you in even if they want to). These include:

1. Crimes involving "moral turpitude”

2. Violation of any controlled substance law

3. Multiple criminal convictions

4. Drug trafficking

5. Prostitution

6. Commercialized vice

7. Commission of a serious crime in the United States where a person has asserted immunity fro prosecution

8. Violation of religious freedom

9. Human trafficking

10. Money laundering

To read s. 212 of the Immigration and Nationality Act, that deals with inadmissibility based on criminal grounds, you can click here. If you want to review the full act, you can click here.

However, if your charges were dropped, you have no criminal record and you should be admissible.

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Why is this happening now?

It may be that this has been the case for a long time. I do not have any statistics or proof about why this is an issue now. I am basing this article on a couple of anecdotes, which is far from evidence. But, it may be connected to the current administration in the USA and recent changes to their position on immigration and illegal immigration. Immigration and Customs Enforcement (ICE) has definitely ramped up in the USA recently. But this is speculation on my part, at best.

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The Solution

If you do not have a criminal record, but have had some involvement with the criminal justice system in Canada, there are two clear solutions, in my opinion:

1. Avoid unnecessary travel to the USA. This could mean that you book a holiday in Canada or another country. It also means that you could avoid booking flights that have a connection through the USA, even if those flights may be less expensive.

2. Order and have a copy of your court paperwork with you when you are attempting to enter the USA. If you had previous charges related to drugs, even if they were dropped, I would also recommend connecting with an immigration lawyer like Carolina Fridman in Winnipeg before trying to enter the USA.

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ORDERING COURT PAPERWORK

In Manitoba, you would first have to determine if your case was in the Provincial Court (which it probably was) or in the Court of King’s Bench.

An easy way to check, is that you can search your name on the Court of King’s Bench Registry (click here). If your name or your case does not appear, then it was very likely heard in the Provincial Court.

If you case was heard in the Provincial Court, then you will need to gather some information in order to complete the form to request your court documents. I would suggest calling the Provincial Court office at 204-945-3454. You can provide them with your name and birthdate and they can pull up any charges that are either pending or finished in court. You will want to find out:

1. The charges and/or Information number(s),

2. The date the charges were disposed of, and

3. The court location where the charges were disposed of

If your case was heard in the Court of King’s Bench, then you can gather this same information by calling 204-945-0344. But you may also be able to confirm some of this information from the Registry.

Next, you need to complete a form to request a copy of the court paperwork. The Provincial Court form can be found here and the Court of King’s Bench form can be found here. If you want to review the government’s website about requesting court documents, you can click here.

On the form, make sure you request “Information, Disposition & Fine Order”. That document will show when the charges were dropped. The reason for the copy can be “Other: Personal Records”. You can request a certified copy, which I think is a good idea, and then select to either pick up the documents, have them mailed, or emailed. I do not think they can email a certified copy, though.

If your case was finished more than 3 years ago, the file may be stored off site and it could take a few weeks to get it. Otherwise, it usually takes a week or so to pick up the copies.

You can then email a copy of your completed form to the court office. Depending on where your charges were dealt with will depend on which email address you should use. You can visit the MB Justice website here for a list of the different email addresses.

There is a small charge for the paperwork and it is usually under $20.

If you need help with a criminal charge, you can contact Michael Dyck immediately at 204-318-6116.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.

Bail Money Scam Alert

What is the bail money scam?

How do you prevent the cash bail scam?

Today, June 3, 2025, someone contacted my office because a fraudster used my name, Michael Dyck, and tried to arrange for them to make a cash bail payment to help a relative who was in “legal trouble”. Needless to say, they paused for a moment, called the relative (who answered their call and confirmed they were fine), and then contacted my office to notify me. I wanted to provide some information so that no one falls victim to this scam, particularly if the scammer is trying to impersonate me.

This is not a new scam. CBC had an article in over a year ago, “How a slick-talking 'lawyer' almost scammed an Ontario senior out of $6K”. However, artificial intelligence may be helping fraudsters, so you need to be extra vigilant. CBC wrote an article this year, “'Definitely my son's voice': Manitoba woman targeted by AI phone scam”.

How does the scam work?

You may get a call from someone claiming to be your grandchild, niece/nephew, or another family member telling you that there has been a car accident or that they are in jail. It can also be that you get a call from someone saying they work for the justice system, the courts, or are a lawyer. They urgently need money so that the family member can be released from jail. They might ask you not to discuss it with anyone, including a bank teller. They will send an “official” to your home to pick up the money or you might be asked to courier it out of province. The pressure to act fast, along with confusing instructions, can make it hard to focus and rationalize what is happening.

This scam preys on a person’s love and concern for their family member and has become one of the top ten scams in North America. People lose between $8,000 and $15,000 each time they are targeted, with some victims defrauded multiple times. Many people feel foolish or embarrassed when this happens and may not tell anyone or make a police report. Unfortunately, scammers are very good at what they do, and if someone has taken advantage of your trusting nature and concern for your family member. You are not to blame.

What to do if you receive a call like this?

Hang up on the fraudster. Next, try to call your grandchild or the family member who is “in trouble” to ensure they are safe. If you can talk to them on the phone, they can quickly confirm that they are not in jail.

If you did NOT lose any money, please contact the Canadian Anti-Fraud Centre toll-free at 1-888-495-8501. You can also make a report online by clicking here. If you lost any money, please contact your local police detachment, like the Winnipeg Police Service.

Actual ways to verify if a person is in custody

You can call the Manitoba Provincial Court office in Winnipeg at 204-945-3454. Because criminal charges are part of the public record, if you can provide a name and a date of birth, then the court staff and confirm if there are any pending charges or upcoming court appearances for that person.

Cash deposits and cash payments

There are details on the Manitoba Provincial Court website about how and where to make an actual cash deposit. It is always done at a courthouse and you are issued a receipt. No court official will ever meet you somewhere to collect a payment.

Lawyers are not middle men

There is no need to give cash to a lawyer for a cash deposit. The cash deposit can, and should, be paid directly to the court office. In rare cases, if a client has retained a lawyer and made a payment into the trust account at the lawyer’s firm, the client can instruct the lawyer to issue a cheque for the cash deposit. Any payment to a lawyer should occur at the lawyer’s office and in Manitoba, a receipt must be issued to the payor for any cash payments to a lawyer.

If you need help with a criminal charge, you can contact Michael Dyck immediately at 204-318-6116.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.

Can you ask police to drop charges?

What happens if charges are dropped before court?

Can assault charges be dropped in Canada?

In order to answer these questions, we need to start with a quick lesson about how it works for the police to lay a charge. Typically, when the police decide to arrest someone for a criminal offence, like a domestic assault charge, the police officer will start by going over the person’s rights with them from the Charter of Rights and Freedoms (it is usually just called the Charter). The officer will tell the person:

• Why the person is being arrested

• About their right to speak to a lawyer

• Provide a police caution or a police warning about the right to silence

At that moment in time, when the officer is going over these Charter rights, the person is under arrest but has not been officially charged with a criminal offence yet. In order for a charge to be laid (or begin), police officers have to prepare a special type of document called “an Information” and then swear under oath with a court official that they believe the person committed a crime. If the police officer releases you at the same location where you were arrested, the officer, clearly, has not had the time or ability to swear under oath with a court official. So, in those cases, the police officers will complete the paperwork and swear the Information at some point between the date of arrest and the first court date. If you remain in custody with the police at the police station or at a remand centre (like the Winnipeg Remand Centre), then the police typically sweat the Information right away. Once the Information has been sworn, that is the moment in time that a charge is laid.

It is possible that the police may arrest someone, give them paperwork with a first court date, and then decide to not swear an Information or proceed with a criminal charge. If this happens, there is no charge that needs to be dropped because no charge was ever laid. However, this is quite rare and, in my estimate, happens in less than 1% of of all criminal cases.

There can also be cases where the police swear an Information and then the Crown Attorney reviews the file and determines the charges should be dropped. In Manitoba, the normal process is the Crown Attorney will enter a Stay of Proceedings (SOP). This can be done by the Crown Attorney submitting the necessary paperwork to the court office. This is different than withdrawing or dismissing a charge, as the prosecutor could decide to re-lay the charge and re-start the case within 1 year, but that is exceptionally rare.

So, it is possible for a charge to be dropped (or for a charge to not even be laid) prior to a first court appearance? The answer is yes, but it is pretty uncommon. Once a charge is dropped (or it is confirmed that the police will not swear an Information), then the release conditions that you have on an Undertaking, Recognizance, or Release Order for that charge are no longer in effect. For example, if there was a no contact order, then that condition would no longer apply. In order to ensure that you do not break your release conditions by accident, it is important to talk to your lawyer for confirmation before you do anything that was listed as a condition on a release order.

Just because a charge isn’t dropped on or before the first court date, it does not mean that the case is definitely going to have to end with a guilty plea or a trial. My job as a criminal defence lawyer is to advocate for my client and, if possible, persuade the Crown Attorney to not proceed on the charge and enter a Stay of Proceedings. Over my career, I have handled hundreds of cases involving domestic assault.

If you need help with a criminal charge, you can contact Michael Dyck immediately at 204-318-6116.

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Can the victim drop assault charges in Canada?

Can assault charges be dropped by the victim in Manitoba?

Can complainant drop charges?

Often, the words “victim” and “complainant” are used interchangeably. I prefer to use the word complainant until the accused person has plead guilty or been found guilty after a trial.

In many cases, my clients think that the complainant has the power to drop criminal charges. This is because we watch a lot of American TV shows and movies which show a complainant being able to make a decision with the police officers if a charge should be laid or not. However, that is not the case in Canada. Here, it is up to police officers to decide if a person should be arrested and charged. (But, it is true in some cases that a Crown Attorney in Manitoba will review the information the police gathered and tell them not to proceed with laying a charge.) So, a complainant cannot decide if a person should be charged or not, that decision is up to the police. In Manitoba, there is a zero tolerance policy for domestic violence charges, so even if a complainant is uncooperative with police and says that they do not want a charge, the police must proceed with an arrest.

After a charge is laid, then it is up to the prosecutor, also known as a Crown Attorney, to decide if the charge should proceed or be dropped. If the Crown Attorney thinks the charge should proceed, then it is up to an accused person to decide if they want to plead guilty or set a trial date. If the Crown Attorney in Manitoba thinks the charge should not proceed, then a Stay of Proceedings (SOP) is entered and the charge is dropped.

So, does that mean that whatever the complainant thinks or wants to see happen will have no impact on the case? Because, after all, it is up to the police and the Crown Attorney to decide what happens in the case. That is not really how it works either. Complainants can provide their input to Victim Services, which is another provincial government agency. Victim Services then forwards information to the assigned Crown Attorney who will evaluate the case and determine how to proceed. Victim Services often wants to know:

• whether the complainant was telling the police the truth or not when they provided a statement to the police,

• whether or not there is a history of reported or unreported criminal offences,

• whether the complainant is afraid of the accused or wants to resume contact with the accused, and

• whether the complainant wants to cooperate with the prosecution by coming to court to testify (if necessary) or if the complainant will be uncooperative with the justice system process.

So, the ultimate decision to proceed with a charge or not remains with the Crown Attorney. This is one reason why many people want to hire a criminal defence lawyer to help them with their case because it may be possible for your lawyer to persuade the Crown Attorney to enter a Stay of Proceedings in your case.

It is important to highlight that an accused person should never communicate with a complainant or a witness to try and get charges dropped. In most cases, there is already a no contact order between the accused and any complainants or witnesses. So, it would be a crime for the accused to say “hello” to a person who is listed on the no contact order, never-mind discussions about the case itself. Many people would refer to this as witness tampering, but the criminal offence for this is called obstruction of justice and it is at section 139(2) of the Criminal Code:

139(2)
Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.

139(3)
Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,
(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;
(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or
(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror.

In my experience, most people who are convicted for obstruction of justice receive a jail sentence and it is an offence that Judges take pretty seriously. So, an accused person should NOT tell a complainant to go to Victim Services or to try and get the charges dropped. A complainant should make whatever decision they want without any help, encouragement, or influence from the accused person. The right and best thing to do is to work with a criminal defence lawyer to deal with the charges.

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Can I take my statement back from police?

What happens after you give a statement to the police?

Can I withdraw my statement in a domestic violence case?

Statements with police officers come in a few different forms:

1. Informal statement. A person can say things to the police officer, who then makes notes in a notebook about what was said. Sometimes, the officer may ask the person to sign the notebook to confirm the officer recorded the notes accurately.

2. Formal written statement. These are fairly common in domestic violence cases. A police officer asks the person questions and then writes down the replies. At the end, the person can review what the officer wrote to ensure it was recorded accurately and then the person signs at the bottom of the page.

3. Formal audio statement. In some cases, more often with police officers in rural settings, an officer may have an audio recording device and will ask the person question and record the replies. An audio file is then created and shared with the Crown Attorney and the accused.

4. Formal audio/visual statement. The person goes with the police officer to a police station where the police can use cameras and microphones to record what the person says and how they say it. An video file is then created and shared with the Crown Attorney and the accused.

5. Formal audio/visual statement under oath. This is the same as a formal audio/visual statement, except the statement is made under oath, just like how a person would testify under oath in front of a Judge at a trial. A police officer who is also appointed as a Commissioner for Oaths would ask the person if they want to affirm their evidence or swear on a Bible. Then, if the person says something different later in court under oath, they could be charged with perjury for lying under oath.

If a person makes a statement with a police officer and describes how someone else committed a criminal offence, but then later admits that what they told the police was a lie, the person could be charged with a criminal offence called public mischief, under section 140(1) of the Criminal Code:

Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

This is both a good thing and a bad thing. This is a good thing because it is illegal to report a false crime. As a society, we should be discouraging people from going to the police and making a false police report just to get someone else in trouble. However, this can be a bad thing because in cases where people have already lied and made a false police report, they may not be keen to come forward now and admit they lied in their police statement, because they could then be charged with public mischief. Most people want to avoid being charged with a criminal offence, so some people may not come forward and admit they lied to the police because they are worried about what could happen to them.

My role as a criminal defence lawyer is not to assist a witness, complainant, or victim in criminal cases. I cannot help someone recant a statement they made to the police. My role is to assist my client, the person who has been charged with an offence. The best thing for a person to do if they’ve been charged with a criminal offence is to contact me so we can start working on the case together.

If you need help with a criminal charge, you can contact Michael Dyck immediately at 204-318-6116.

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• Can you have alcohol in your car?

• Can you have pot in your car?

• Impaired Driving or DUIs

• Preventing a Break and Enter in Your Home: Tips From a Criminal Defence Lawyer

About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.

Does Canada have a version of Miranda rights?

What are your Miranda rights in Canada?

Do police read rights in Canada?

Does Canada have the right to remain silent?

The reason that most of us have heard of Miranda rights before is because we watch a lot of American TV shows and movies. When an American police officer is arresting someone, we see how the police go over these Miranda rights. You may hear a police officer say something like:

You have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.

Miranda rights come from a 1966 American Supreme Court case called “Miranda v. Arizona”. In Canada, our legal system is clearly not identical to the one in the United States. We do not have Miranda rights in Canada, but we have something pretty similar. There are many legal rights that are part of our Constitution in the Charter of Rights and Freedoms (it is usually just called the Charter or Charter rights). When a police officer arrests you in Canada, you should expect to receive the following legal rights and hear something like this:

• Why you are being arrested, in other words, what is the alleged criminal offence. This is part of section 11(a) of the Charter. For example, “You are under arrest for assault.”

• About your right to speak to a lawyer. This is part of section 11(b) of the Charter. “You have the right to retain and instruct counsel in private without delay. This means that before we proceed with our investigation you may call any lawyer you wish or get free legal advice from Duty Counsel immediately. If you want to call Duty Counsel we will provide you with a telephone and telephone numbers. If you wish to contact any other lawyer, a telephone and a telephone book will be provided. If you are charged with an offence, you may also apply to Legal Aid for assistance. Do you understand? Do you want to call Duty Counsel or any other lawyer?

• Provided with a police caution or a police warning about the right to silence. This is part of section 7 of the Charter as a part of fundamental justice. “You need not say anything. You have nothing to hope from any promise or favour and nothing to fear from any threat, whether or not you say anything. Anything you say may be used as evidence.”

One of the main differences between Miranda rights and Charter rights is in Canada you do NOT have a right to have a lawyer with you in the room while you are being interviewed by the police (unless you are under 18 years old). Our Supreme Court confirmed this in a 2010 decision, R. v. Sinclair, 2010 SCC 35.

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WHAT TO DO IF YOU ARE BEING READ YOUR RIGHTS

If the police ever tell you that you have a right to speak to a lawyer, make sure that you use that right. After the police explain your right to counsel, you can tell them that you understand. Then, they’ll ask if you want to contact a lawyer and you should tell them, “yes, I want to talk to a lawyer.” Be clear. Don’t say “maybe later” or “not right now.” Say yes. At that point, you can request to talk to a specific lawyer or ask to talk to the 24/7 on-call lawyer from Legal Aid. Keep in mind, the lawyer from Legal Aid is only being paid to give you advice over the phone and is not assigned as your lawyer for the whole case. The police can use the internet to look up a lawyer’s phone number if you do not have it handy or memorized.

Next, you want to use your right to remain silent. I tell clients that they are allowed to tell the police 3 pieces of information when they are under arrest or during a police interview; your name, your birthdate, and your address. That’s it. If the police ask any other questions, you can literally keep your mouth shut and refuse to answer or say something like “no comment” or “my lawyer advised me not to make a statement.” Any information you provide to the police can be used as evidence AGAINST you. It will not be used by the police as evidence to ASSIST you or exonerate you. Also, it is a problem if you lie to the police because then if you testify in court and your story changes, the prosecutor can accuse you of either lying to the police or lying to the judge.

If you need help with a criminal charge, you can contact Michael Dyck immediately at 204-318-6116.

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About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.

What is all included in domestic violence?

What is required for the assault to be considered domestic?

What is considered domestic violence in Canada?

This article is going to help explain a bit about what domestic violence is and how the justice system works in Manitoba. If you have been charged with a domestic assault or another domestic violence offence, I am hoping this will help answer some of your preliminary questions.

In the Criminal Code, there is no specific charge of “domestic violence” or “domestic assault.” Section 265 of the Criminal Code defines what assault is and section 266 outlines what the maximum punishment is for assault. But there is no description or definition of a domestic assault. However, the Criminal Code tells Judges that they must consider if a victim of a crime is an intimate partner when deciding what a fit and appropriate sentence or punishment is. Additionally, section 718.201 of the Criminal Code says:

A court that imposes a sentence in respect of an offence that involved the abuse of an intimate partner shall consider the increased vulnerability of female persons who are victims, giving particular attention to the circumstances of Aboriginal female victims.

So, domestic violence charges are treated a differently than non-domestic violence cases. In order to be called a “domestic violence” charge, there must be two things:

1. The relationship between the accused and the complainant is, or was, a romantic relationship. This includes any relationship where the two people are engaged in a sexual or romantic relationship such as a casual relationship, boyfriend/girlfriend, common law, or marriage. The two people do not have to still be in a relationship at the time the complaint is made, as long as they were in a romantic relationship at some point.

2. There is a criminal charge or offence that is reported. The most common charge we see in domestic violence situations is assault, but domestic violence includes all types of assaults such as assault with a weapon, assault causing bodily harm, aggravated assault, and sexual assault. It also includes other types of crimes that may not seem like other violent offences, such as uttering threats, forcible confinement, criminal harassment, and property offences - like mischief to property under $5,000.

In Winnipeg, criminal cases are sorted into one of two categories; domestic violence or non-domestic violence. Domestic violence cases are so common that Manitoba Justice has two entire units of Crown Attorneys in Winnipeg assigned to deal with these cases (Domestic Violence Intensive Case Assessment Process Unit and the Domestic Violence Unit). Over my career, I have handled hundreds of cases involving domestic assault.

Additionally, in Manitoba, there is a zero tolerance policy for domestic violence cases. What this means is that as soon as police officers receive information that a criminal offence has occurred in the context of a domestic relationship, they must make an arrest. In some cases, a complainant does not want to make a formal or signed statement with the police, but that is not necessary for the police to make an arrest. Unlike American TV shows and movies, a complainant does not get to decide to lay a charge or not. That decision is up to the police officers. Then, once a charge is laid, the Crown Attorney (prosecutor) is the only person that can decide if the charge should proceed or if it should be dropped.

If you need help with a domestic violence charge, you can contact Michael Dyck immediately at 204-318-6116.

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WHAT HAPPENS AFTER I AM CHARGED WITH DOMESTIC ASSAULT?

In many cases, the police officers who arrest you will release you with a court date and some rules or conditions you need to follow. In other cases, you may be kept in custody and then released with the consent of a Crown Attorney or if a Judge grants your release from custody after a bail application. Typically, the conditions are part of an Undertaking, but they can also be part of a Recognizance or a Release Order. All of these, including an Undertaking, are court orders and if you break the rules or conditions on them, you are committing a criminal offence and you could be arrested and charged. The conditions remain in effect until the court case is complete; the charges are dropped, you have plead guilty and received your punishment from the Judge, or the trial has finished. There are ways to vary or change these court orders, but you may want to talk to a lawyer to get more information about how that works and whether it is worthwhile to try to do that.

The most common condition on your paperwork is a no contact order, or an NCO, with the person who made the complaint to the police. In some cases, you may be happy to follow the NCO. But in many cases, you will still want to communicate with your partner, especially if you share children together. It does not matter if your partner initiates the contact or says that they would like to talk to you. The court order is in place and it says you are not allowed to contact the other person. It is important that you connect with a criminal defence lawyer quickly to start getting advice about how you should proceed in your case.

Along with the conditions, there is a first court date on the paperwork that the police give you. You are required to appear in court unless you have hired a criminal lawyer and the lawyer confirmed that you do not need to attend. As well, there may be a date for you to complete fingerprinting and photographs at the police station if the police did not complete these things at the time of your arrest. If you do not attend to the police station on time for this, you can be charged with a new criminal offence and a warrant can be issued for your arrest.

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How do you win a domestic violence case?

Does domestic assault go on your record?

Many people who are charged with a domestic violence offence have never been arrested before. This means that they often have a lot of questions about what will happen in their case. The best thing to do is arrange a meeting with a defence lawyer who can help answer all of your questions and start working on your case. If you haven’t needed to hire a criminal defence lawyer before, you can read a previous post I wrote, called, “Finding the Best Criminal Lawyer - Is Your Lawyer Legit or Full of It.”

In my opinion, a “win” on a domestic assault case is where the client can walk away without a criminal conviction or a criminal record. For most people, that is the top priority and secondary priorities may include avoiding a jail sentence or having the matter dealt with as quickly as possible. This means that my first approach is to see if there is a way to have the Crown Attorney agree to drop the charges, because that guarantees the client will not get a criminal record. I think it is also important to tell my clients what a Diversion program is, how it works, and whether or not they would be eligible for it. In some cases, we have to proceed to a trial where a Judge decides if the Crown Attorney has proved the offence beyond a reasonable doubt. However, most cases in the justice system are worked out without having to go to a trial.

Just because a person has been charged with an offence, it does not mean that they are guilty and it does not mean they have a criminal record. The way a person would receive a criminal record is if they plead guilty, or are found guilty after a trial, and the Judge imposes a sentence such as a suspended sentence with probation, a fine, or a jail sentence.

If you need help with a domestic violence charge, you can contact Michael Dyck immediately at 204-318-6116.

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Related articles

• Can you have alcohol in your car?

• Can you have pot in your car?

• Impaired Driving or DUIs

• Preventing a Break and Enter in Your Home: Tips From a Criminal Defence Lawyer

About the author

Michael Dyck is a partner at Rees Dyck Rogala Law Offices. He represents clients primarily from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients.