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What you ought to know about solicitor-client privilege?

Do you know what solicitor-client privilege is? It is a legal policy, which aims at protecting the oral and written communications taken place between the Winnipeg criminal lawyer and their client. In different countries, there are different names given to this legal policy. An experienced and qualified criminal lawyer like Jeff Gindin criminal attorney Winnipeg can help you to understand solicitor-client privilege in a better way. But, here is some basic information that can help you to give a basic idea about solicitor-client privilege.

A written or oral communication taken place can be protected under solicitor-client privilege when the communication is confidential in nature, made between the client and the lawyer, and carried out for the purpose of seeking legal advice. It is the kind of protection that gives the client peace of mind that the information disclosed to them will be kept private. Solicitor-client privilege is one of the crucial things for an efficient and fair justice system.

Normally, solicitor-client privilege takes place informally, even before the lawyer was retained. But, just seeking legal information from the blog of the lawyer is not considered to be a solicitor-client relationship. Privilege is normally associated with the client. As per the privilege, a lawyer is not supposed to share any privileged communication without the client’s consent. Even after the lawyer has finished the legal work of the client, privilege still continues. Privilege goes on even after the death of the client.

There are some situations in which such privilege cannot be accepted. Such kind exceptions are taken into account in some of the extraordinary situations.  It is important to know about these things before seeking legal assistance from Winnipeg criminal lawyer, so that you know your rights.

During the trial, the accused can put forth an argument that their innocence is at stake if the privilege is waived. The foremost thing that the accused needs to do is gather the evidence that shows solicitor-client communication took place, which can lead to doubt for guilt. When such evidence is established, the judge will investigate the record.

Any type of communication which itself is a criminal activity like fraud legal assistance application, will not be protected through solicitor-client privilege. The communications that take place to seek legal advice for committing criminal acts are not protected under such privilege.

The Winnipeg criminal lawyer can infringe the solicitor-client privilege if the lawyer is of the opinion that there is a serious threat to the public. Some of the factors that the lawyer needs to consider while analyzing this area is there is a risk for a specific person or group? Is there a risk of harm imminent? Is there a risk of serious psychological harm, death, or bodily harm? The risk to the safety of the public out weights the interest of solicitor-client privilege.

Would you like to learn about solicitor-client privilege in detail? Get in touch with Jeffrey Gindin! Their team can help you with understanding it in a better way.

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Called For An Interview? Consult With A Criminal Defence Lawyer

Postponement of criminal prosecution or opportunity, as it is usually colloquially called among lawyers, is a relatively new institute of criminal law in our legal system. The existence of such an institute in criminal law is absolutely justified, of course if it is applied in accordance with the law and if the arbitrariness of the state body that applies it, namely the basic prosecutor's offices Jeffrey J. Gindin, Q.C. criminal lawyer, is reduced to a minimum, i.e., if the application of this institute is minimized. the extent depends on the personality of the prosecutor who decides on it. 

Opportunity or postponement of criminal prosecution, in one sentence, means that the prosecution will reject the criminal report against the suspect, if he previously fulfills an obligation he undertook, and in agreement with the prosecution. 

Opportunity - when it can be applied 

The first and practically the only condition for the application of the postponement of criminal prosecution provided is that the suspect be charged with committing a criminal offense punishable by a fine or imprisonment for up to 5 years. Therefore, it is not possible to apply the opportunity when it comes to serious crimes and such a solution is completely logical if we keep in mind that the consequence for the suspect, after fulfilling the obligation, is practically non-existent and that he is in the position of a person against whom no criminal offense has been committed. procedure. 

The use of opportunity in serious crimes would not be justified for another reason. 

If the prosecution and the suspects agree on the application of the postponement of the criminal prosecution, and the suspect fulfills the obligation, the prosecution will reject the criminal report and against that decision on the rejection, damaged our right to object, which the prosecutor has when he rejects the criminal report. 

If you have any doubts, you can contact the Law Office.

Opportunity application procedure 

The role of the defense counsel in the agreements with the prosecutor's office is, in the first place, to convince the prosecutor of the justification for postponing the criminal prosecution, if he did not initially think so, and then, as in any other criminal procedure, to choose the best conditions for his client. "The best possible conditions" mean determining the obligation that best suits the suspect's personality, as well as the amount of the monetary donation, the number of hours of socially useful work, etc., depending on what the obligation consists of. 

The obligation which the suspect assumes is usually the payment of a certain amount of money for humanitarian and other public purposes, and the Code stipulates that it may also include the elimination of harmful consequences caused by the commission of a criminal offense or compensation for damage, socially useful or humanitarian work, payment of due maintenance obligations, undergoing alcohol or drug withdrawal, undergoing treatment to eliminate the causes of violent behavior, compliance with restrictions from a court judgment or fulfillment of an obligation under a judgment.

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