Sentences with phrase «of a criminal conviction when»

The idea of a discharge is to avoid the stigma of a criminal conviction when it's considered appropriate.

Some of the most important changes include the consideration by the court of criminal convictions when a parent seeks any form of custody, specific relocation requirements, standing for grandparents in custody cases, and the enumeration of factors the court must consider when determining a child's best interests.

Not exact matches

New York's highest court on Thursday refused to overturn former Goldman Sachs Group Inc programmer Sergey Aleynikov's criminal conviction of stealing computer code from the investment bank when he left for another job.

Cuomo and criminal justice reform advocates said that local district attorneys have a natural conflict of interest when it comes to investigating the police because the two agencies work so closely together to gain convictions.

«Research has shown that when survivors are given proper information and support their case is more likely to end in the criminal conviction of the perpetrator of sexual violence,» Emma Scott, director of Rights of Women said.

One of these reforms is an innocence unit within the criminal division that, when appropriate, will examine prior convictions to ensure that justice is done,» the editorial states.

«We err on the side of caution in these rare cases precisely because it is vital to ensure that the disclosure individuals do not fraudulently try to claim they have no criminal convictions when in fact they have.»

«When you have roughly 30,000 individuals arrested a year for crimes that are 16 or 17, over 95 percent of them do not result in a criminal conviction, «Gallivan said at a news conference.

[28] But when employers are prohibited from asking about prior convictions on a job application, they may illegally attempt to use other observable characteristics — such as race, gender, and age — to infer an applicant's likelihood of having a criminal history.

The story is played out from the perspective of a convicted criminal called Lee Everett who is given an unexpected second chance at leading an honourable life when the zombie apocalypse strikes and an incident occurs in which Lee finds himself free from his criminal conviction and seeking shelter from the undead.

As a Fairfax criminal lawyer, I know the fallout from a Virginia DUI conviction, including loss of liberty through possible jail time and through probation supervision (and, therefore, risk of future jail for any probation violation finding); loss of driving privileges with stingy restricted driving privileges with the ignition interlock when granted; risks to security clearances; risks to such professionals as military members, police officers and health care professionals; risks to non-United States citizens; and harm to one's reputation.

He had also achieved great amounts of success that included securing an acquittal at trial for a client charged with possessing a controlled substance, obtaining a discharge for a client charged with domestic assault when the Crown wanted a conviction and permanent criminal record, and drafting an appeal factum that resulted in the overturning of a conviction for possession of marijuana on grounds that the client's Charter right to speak to a lawyer was violated.

When they are detected, it is almost always long after the wrongfully imposed conviction, and the resulting sentence has been served, and the consequences of the unjustly imposed criminal record and loss of employability etc., endured, and lives thereby severely damaged.

The most challenging cases I defend are those cases where my client has prior criminal history of significance or, most notably, when my client has prior DUI charges or convictions.

It was good practice for the prosecution when seeking to introduce evidence under the Criminal Justice Act 2003, 101 (1)(d) to provide full particulars of the convictions relied upon.

Section 151 of the Criminal Code sets out that a conviction for sexual interference can result in up to ten years imprisonment when the Crown proceeds by indictment.

Indeed, the disapplication of the Italian legislation would not modify the substance of tax offences at stake — in other words, the previsibility requirement of the legality principle would be met — and would not lead to a conviction for an act or omission that did not constitute an offence at the time when it was committed — so there would be no retroactive application of the criminal law (§ 54 - 57).

Consistent with the emphasis on good corporate governance is the fact that a self - report, among other things, is relevant at later stages in the criminal justice process: sentencing guidelines on the sentencing of corporates introduced in October 2014 (to which courts have regard when determining financial penalties under DPAs) refer to a corporate's culture as relevant to determining its sentence in the event of a conviction for bribery offences, among others, in the UK: a culture of wilful disregard for the commission of offences will lead to a corporate being placed at the most culpable end of the spectrum and facing the heaviest fines available.17 Further, the amended Public Contracts Regulations 2015 introduced on 26 February 2015 allow blacklisted companies to bid for public contracts if they prove, among other things, that they have «clarified the facts and circumstances in a comprehensive manner by actively collaborating with the investigating authorities».18

The judge should consider things like Cosby's lack of prior criminal convictions, his age, his poor health, his community service etc. when imposing the sentence.

When you come to our law offices, we will work diligently to help you avoid conviction and minimize the consequences of your criminal charges.

The doctrine of collateral estoppel may apply when a criminal conviction is based on facts identical to the facts on which a civil case is based.

Section 267 of the Criminal Code sets out that a conviction of assault causing bodily harm can result in a penalty of up to ten years imprisonment when the Crown proceeds by indictment.

It is tough for an employer to meet the standard of just cause for off - duty conduct when the behaviour involves the personal life of an employee not leading to criminal charges or conviction.

The Criminal DUI Charges on an Accident Lawsuit When a driver is involved in an accident and is found at fault by the police and convicted of DUI, a lawsuit to prove civil liability for the damages from the accident is easier to win, since it is generally easier to prove civil liability than to obtain a criminal conCriminal DUI Charges on an Accident Lawsuit When a driver is involved in an accident and is found at fault by the police and convicted of DUI, a lawsuit to prove civil liability for the damages from the accident is easier to win, since it is generally easier to prove civil liability than to obtain a criminal concriminal conviction.

Section 264 of the Criminal Code sets out that a conviction of threatening death can result in a penalty of up to five years imprisonment when the Crown proceeds by indictment.

Applying the statutory construction rules and reviewing the legislative history, the Supreme Court held that the purpose of the counseling provision was to ensure that criminal convictions were known to and considered by the courts when determining custody of children, and to determine whether any lingering danger might exist.

This paper explores the impact of criminal proceedings and convictions on immigration processes, with a particular focus on criminal law remedies when a client is rendered inadmissible under the Immigration and Refugee Protection Act.

Attorney John D. Bowers knows felony criminal defense strategies well from valuable experience as an elected prosecutor, when he successfully obtained convictions in hundreds of cases including a murder that had occurred 15 years before.

When a person pleads guilty or is found guilty of a criminal offense, the judge then has to decide whether the conduct was serious enough to warrant the imposition of the stigma of a criminal conviction, or whether a discharge could be granted.

Effects of Your Job — A conviction for disorderly conduct will appear on your criminal record, which potential employers may review when deciding whether to hire you.

This is usually done when the legal soundness of a criminal conviction is in doubt for some reason.

These days, since there is now a right to appeal a criminal conviction under state law or federal statute (but not the U.S. Constitution), a writ of habeas corpus is only brought when direct appeals of a conviction have been exhausted, often several years after the original conviction (which makes a writ of habeas corpus only useful for convictions involving long sentences of incarceration).

Some states had direct appeals of criminal convictions earlier than this but the writ of habeas corpus does precede a direct appeal as a form of relief from a wrongful criminal conviction historically and was the primary means by which one could obtain relief from a criminal conviction in 1789 when the U.S. Constitution, which preserved the right to seek a writ of habeas corpus even before the Bill of Rights added most other new criminal procedure rights under the constitution, was adopted.

But, it can also be brought, for example, in cases when someone is incarcerated in a jail or prison despite (1) not having been charged with a crime, (2) not having their detention authorized by a court within the legally permitted time period prior to a conviction, (3) not having been convicted of a crime following a criminal trial, or (4) not being released upon the expiration of a criminal sentence imposed pursuant to a conviction.

In July, 2015, the Ontario Superior Court of Justice registered Ontario's first convictions against and individual when it found a construction site manager guilty of four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm in relation to a construction accident that caused multiple fatalities.

When 30 % of all military criminal convictions go unreported to the NICS database, we know something is wrong.

Hart said that many of Sterling's clients have adjusted to the laws on removing the criminal history question from job applications but have struggled with the varying provisions in the multiple laws that prescribe when the question of past convictions can be asked and when in the hiring process the background check can be initiated.

The article also discusses the idea that employers should perhaps consider other factors or parameters when a criminal conviction record is found before disqualifying an applicant such as if the applicant was actually convicted of the crime or if the charges were dismissed.

Names are identifiers when reporting criminal convictions along with a date of birth.

A woman was fired for lying on her application when a background check conducted by her employer turned up a criminal conviction of her similarly named twin brother.

General business and personal reputation, in addition to criminal convictions and charges under the Criminal Code of Canada, and contraventions of Federal Statutes such as Income Tax Act, or Provincial Statutes such as the Real Estate Services Act, Securities Act, Insurance Act, or Mortgage Broker's Act, or whether an applicant has been disciplined by a professional body will be reviewed when considering an applicant's «good reputationcriminal convictions and charges under the Criminal Code of Canada, and contraventions of Federal Statutes such as Income Tax Act, or Provincial Statutes such as the Real Estate Services Act, Securities Act, Insurance Act, or Mortgage Broker's Act, or whether an applicant has been disciplined by a professional body will be reviewed when considering an applicant's «good reputationCriminal Code of Canada, and contraventions of Federal Statutes such as Income Tax Act, or Provincial Statutes such as the Real Estate Services Act, Securities Act, Insurance Act, or Mortgage Broker's Act, or whether an applicant has been disciplined by a professional body will be reviewed when considering an applicant's «good reputation».