A mistake takes place, giving rise to a whirlpool of circumstances. A person charged on the grounds of committing a crime is arrested and prosecuted, following a trial. The trial either declares the suspect guilty of the crime or he/she is acquitted. But, the trial can also press a pause button known as the stay of charges.
Procedures prior to stay of charges
A person arrested by the police has fingerprints and photographs scanned, along with the entire mishap report recorded and entered into the database of the Canadian Police Information Center (CPIC). Criminal charges bring upon the wrath of the jury with a bail being granted for petty crimes.
During the trial, a rare case may happen when the lawyer or the judge decide to pause the trial or put it on hold. This is termed stay of charges or stay of proceedings. It is not to be confused with an acquittal or cancellations of charges for the charges remain in motion while the trial is at a halt.
Categories of Stay nationalpardon
- A Charter Stay is put into motion when the epiphany occurs that the accused person’s charter rights would be violated if the trial were to continue.
- A Crown Stay is called upon when the lawyers and the judge jointly decide to put the trial on hold. Now, this could happen for a plethora of reasons, depending upon the course of the trial.
Are you a Prey to a Stay?
Stay and cancellation are often confused to be same. Charges may be dropped if the jury somehow realizes that the accused was wrongfully apprehended. On the other hand, stay of charges can happen due to sophistications in the case such as a witness agreeing to provide a case solving testimony prior to the trial and then, changing colors in the courtroom. Intimidation or other emotions may cause a valuable witness to lose calm and provide incorrect testimony. Therefore, the lawyer may appeal for a stay of charges or simply, some more time to give the trial the correct course of direction.
The accused may return to an uncertain normal life with no criminal records displayed in the background checks. However, when the stay is lifted, the charges are rejuvenated and the person becomes the accused once more until the verdict is declared. During the stay, no sentences or penalties are levied upon the accused.
The charges are temporarily deactivated, yet the legal proceedings are mentioned in the records. Job opportunities, rentals, adoptions and the viewpoint of the society are all hampered by these records.
How to regain the lost prestige?
As for criminal convictions, a record suspension provides relief, similarly for a stay of charges, file destruction is to be applied for. File destruction removes the remnants of arrest and unfinished trial records. This procedure is less rigorous than the record suspension and takes much less time. The requisites and criteria for file destruction are specific such as avoiding arrest or another conviction.
For more details on Stay of charges and file destruction, visit nationalpardon.