When you hear that the charges against you have been ‘stayed’, you might feel like this is a victory. To some extent it is, however, it does not mean that you are home free. In many cases, charges are stayed in serious criminal cases due to the general inefficiency and the inundated nature of the legal system. So much so that there has been an outcry for a criminal justice system reform. These charges can still hold you back in so many areas of your life. It is important to understand what stayed charges are and what you can do about them.
The first thing to understand is the difference between having charges stayed and withdrawn. The Crown may decide to stay or withdraw charges when they choose to discontinue the prosecution. You will not need to return to court.
While they might seem very similar, there is one major difference. Within the first year, stayed charges can be ‘brought back to life’. This is rare but it can happen. In addition, if you have any charges stayed and you are charged with a new offence during this one year period, the stayed charges can be brought back. The Crown can then prosecute you for the stayed charges again. As for withdrawn charges, they are completely dropped and you do not need to worry about being charged for these again.
When you are convicted of a crime, it’s obvious that there will be a record of this conviction. What some may not realise is that even stayed charges remain on your record and they do not simply go away on their own.
Just like any other pardon, it is important that you fulfill criteria in order to apply. In other words, you should make sure that you complete the waiting period and you need to keep on the straight and narrow during this waiting period. You will be required to submit an application form as well as any supporting documents in order to process your pardon request. Once submitted, it is up to the Canadian authorities to decide whether or not to grant your request.
The good news is that you do not have to continue living under the shadow cast by stayed charges. You can take control of your life again and make the most of every opportunity life has to offer. One small mistake in your past should not dictate how you live the rest of your life. In this news report, a Manitoba man is taking the fight to the powers that be over his stayed sexual assault charges. His struggle with the system clearly highlights the many flaws and difficulties that individuals encounter each day.
Applying for a pardon can be a tricky and confusing process. That’s why we at Record Free are here to help. Our team is available to provide you with professional assistance and all the information you need regarding pardons Canada. Not only do we understand how the system works, but we also know how to give you your best chance at a successful outcome.