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It is different from restitution or a charitable donation. If an offender is given a fine, they will have a conviction registered against them and will have to apply for a pardon to have the fine removed from their record. A fine can be given instead of, or in addition to, imprisonment, a conditional sentence, or an intermittent sentence.
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This is true unless the criminal offence requires minimum jail time. A fine cannot be given on top of an absolute discharge, a conditional discharge, or a suspended sentence. If a judge is going to give the offender a fine, and the criminal offence does not have a minimum fine, the judge has to decide whether the offender can actually pay a fine. This usually means that the judge will ask the offender questions such as: Are you working?
Do you have children to support? Does your spouse work? To get an extension, the offender has to show that they have tried their best to pay the fine in the time they have been given. Imprisonment is a jail sentence. After a judge gives a jail sentence, the offender is taken to jail and a conviction is registered against them. An offender has to apply for a pardon in order to have a jail sentence removed from their record.
If an offender is sent to jail for less than two years, they will go to a provincial institution such as Maplehurst Correctional Facility in Milton or the Central East Correctional Centre in Lindsay. If an offender is sent to jail for two years or more, they will go to a federal penitentiary, such as the Kingston Penitentiary. In some cases, the sentencing judge may give an offender credit for time they have spent in jail before being sentenced. This means that for every day the offender spent in pre-sentence custody, the judge reduces the jail sentence by two days.
For example, if the judge feels that a 45 day jail sentence is appropriate, and an offender spent 15 days in jail in pre-sentence custody, the judge may reduce the sentence that they were going to impose by 30 days, making the sentence 15 days instead of For example, if an offender gets an intermittent sentence, they may go jail on the weekends, i. This continues until the sentence is finished. For example, a judge may let an offender serve an intermittent sentence by being in jail from Monday until Friday and being out of jail on weekends. When an offender serving an intermittent sentence is not in jail, they are on a probation order.
To get an intermittent sentence, the offender will usually have to show the judge that they have a job or other significant responsibilities e.
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Judges are also unlikely to give an intermittent sentence to an offender that has a criminal record that includes charges such as breach of probation or fail to comply with recognizance. A conditional sentence is an imprisonment jail sentence, except that the offender serves the sentence outside of jail, under strict, jail-like conditions. Just like imprisonment, a conditional sentence will result in a conviction being registered against the offender.
To give an offender a conditional sentence, the judge first imposes a sentence of imprisonment and then considers whether to let the offender serve the sentence outside of jail. There are restrictions on when a judge can impose a conditional sentence. A judge can only impose a conditional sentence if:. Conditional sentences have mandatory conditions, and they usually also have restrictions that make it like a jail sentence. House arrest is often part of a conditional sentence; at least for part of the sentence. House arrest usually means that the offender must stay in their home at all times or during certain hours unless they are working, attending school or religious worship, or for medical appointments or emergencies.
Other conditions attached may be similar to those of a probation order.
It is also common for a probation order to follow a conditional sentence. A conditional sentence is supervised by a conditional sentence supervisor who is actually a probation officer. Every conditional sentence requires the offender to report to the conditional sentence supervisor at least once. On many conditional sentences, the offender has to report several times. If an offender allegedly breaks one or more of the conditions of a conditional sentence, there may be a hearing held in front of a judge. If the judge is convinced that the offender broke one or more of the conditions without a lawful or reasonable excuse, the judge may make the offender serve the remaining time in jail.
Stages of a Criminal Case
This section has been created as a public service by Legal Aid Ontario. Every reasonable effort has been made to ensure that the information presented is current and accurate. However, users of this section should verify the information before making decisions or acting upon it. This section contains general legal information.
It is not intended to be used as legal advice for a specific legal problem.
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Types of sentences. What types of sentences can a judge impose after a finding of guilt is made? Read more about What types of sentences can a judge impose after a finding of guilt is made? Absolute discharge An absolute discharge is the lowest-level adult sentence that an offender can get. Read more about Absolute discharge.
In Alabama, Performing Abortions Would Carry Harsher Penalties Than Many Sex Crimes | HuffPost
Allegations of criminal behavior should be brought to the local police, the FBI, or another appropriate law enforcement agency. At the beginning of a federal criminal case, the principal actors are the U. Attorney the prosecutor and the grand jury. The U. Attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U. Attorney and decides whether it is sufficient to require a defendant to stand trial.
In a criminal trial, the burden of proof is on the government.
Defendants do not have to prove their innocence. The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. At an initial appearance, a judge who has reviewed arrest and post-arrest investigation reports, advises the defendant of the charges filed, considers whether the defendant should be held in jail until trial, and determines whether there is probable cause to believe that an offense has been committed and that the defendant has committed it. Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney.
Defendants released into the community before trial may be subject to electronic monitoring or drug testing, and required to make periodic reports to a pretrial services officer to ensure appearance at trial. The defendant enters a plea to the charges brought by the U.