If you have been charged with a crime, the best way to protect yourself is to hire a criminal defence lawyer to work for you.
The Criminal Code contains provisions that allow a judge to designate certain persons convicted of a crime as “dangerous offenders”, this has lasting consequences for the accused in question. A dangerous offender will receive a sentence of an “indeterminant length”, this almost always means life in prison, never to be released. It is intended to only be used on the worst offenders, one notorious dangerous offender, being serial killer Paul Bernardo. However, it should be noted, that most persons labelled dangerous offenders are not nearly as notorious, nor violent.
A dangerous offender ruling is meant as a way to provide “indeterminate” sentences for people deemed too dangerous to be released into the public, it is meant as a mechanism to protect the public.
When Can A Dangerous Offender Ruling Be Made
A “Dangerous Offender Designation” can only be granted by a judge after a crown attorney applies and there is a hearing held after a finding of guilt, but before sentencing.
There are two types of convicted persons who can be labelled “Dangerous Offenders”, people convicted of violent crimes that cause a serious persona injury or people convicted of certain sexual crimes.
When trying to convince a judge to apply the dangerous offender label, there are a number of elements that the crown must prove. The elements essentially amount to, the Crown must prove that the crimes committed were part of a pattern of behaviour that cannot be corrected, and there is no less onerous way to protect the public than through incarceration.
Chance For Release
After a judge deems someone a dangerous offender and said dangerous offender is sent to prison, they must have a parole board hearing after 7 years, and every two years thereafter, but even if they are released (increasingly uncommon) they remain under supervision of some kind for life.
If you have been charged with a crime, particularly a crime of violence, it is of paramount importance that you employ a criminal lawyer as soon as practicable to protect your interest. Mehdi Au LLP has experienced criminal lawyers on staff who would be happy to meet with you to discuss your case. We accept both Legal Aid and private clients.
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