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Subpoenaed

What is a subpoena?

If the Crown Prosecutor believes you should appear before the Correctional Court, he will subpoena you. A subpoena is a written invitation to appear in court. The subpoena states the facts you are accused of and the time of the hearing at which your case will be heard.

Upon receipt of the subpoena, you may inspect the entire criminal case file that is ready for you at the clerk's office. Based on the inspection, your defense should be prepared. The first step will be to determine whether or not the facts have been proven against you. Is there room for contesting the case? In vice cases, there may be a situation where your version of the facts differs from the alleged victim's story. Sometimes you may be falsely accused of a sex offense. In the event of a false report, it is very important that you immediately engage a specialized attorney so that the situation does not escalate. We will do everything in our power to bring out the truth and make this

nightmare as soon as possible. An unreliable and/or implausible statement should be excluded from the debates. Possibly after questioning this person at a hearing, where he or she can be questioned about the veracity of the statement made. In case of doubt about your guilt, you should be acquitted. Moreover, making a false report is punishable by law. We will be happy to review with you the options for taking legal action to obtain compensation for the damages incurred. The impact of a false accusation on your life should not and cannot be underestimated.

Even if you do not deny the facts, it is very important to make you specialized. The judge will have to attach a criminal consequence to the facts you are found guilty of. In order to minimize the consequences, we will work together on a comprehensive and under-construction rehabilitation and probation plan that can be presented to the judge. As specialists in vice cases, we are familiar with approved institutions offering mental health treatment and therapy. The judge must be convinced of your good intentions and the risk of committing new offenses in the future must be eliminated.

The judge has an arsenal of options when it comes to sentencing. Through our plea agreement, we can request, for example;
A (probation) suspension

The judge will find you guilty of the acts of which you are suspected, but will not impose a consequence. You will thus receive no sentence. This favor may possibly be coupled with conditions. You must refrain from committing new offenses during a certain probationary period. A suspension does not affect your certificate of good conduct and morals.

An autonomous probation sentence

The judge will find you guilty of the offenses of which you are suspected. You will have to abide by certain conditions for a period ranging from a minimum of six months to a maximum of two years. An autonomous probation sentence does not affect your certificate of good conduct and morals.

A (probation) deferral

The judge will find you guilty of the acts of which you are suspected. You will be sentenced to a penalty (imprisonment and/or fine and/or disqualification), but will not have to effectively serve it. You will thus be given a suspended sentence. This favor may be coupled with conditions. You must refrain from committing new offenses during a certain probation period.

The electronic surveillance

The judge will find you guilty of the offenses of which you are suspected. You will be sentenced to punishment (imprisonment and/or fine and/or disqualification), but allowed to serve it under the modality of electronic monitoring. Permission may be granted to leave your home for work.

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