In many cases, all too often, people charged with criminal offenses tend to be concerned only with the Tribunal's decision about their innocence or guilt. It is true that the first question the Tribunal must decide is whether an accused is guilty or not, but it is not all that. 

What should be the most important for an accused is the sentence that follows a conviction. It is indeed this sentence that will have an influence on the social life of an individual, on his future in a general way. 

For someone without a criminal record, a sentence will mean a first conviction, a criminal record, a file, a judicial record for the future.

In contrast, the person who has already been convicted in the past will see things in a different light. In the event of a new conviction, it will be the type of sentence imposed by the Tribunal that will be important. 

For example, in the case of a second offense, a new conviction will, for the most part, result in a sentence that has more serious consequences than the first in similar matters. In some cases, upon the Prosecution filing a Notice of Recidivism, the Tribunal may even be required to impose a minimum sentence.

Whether it is a first conviction or not, a sentence can take different forms. Thus, a sentence does not necessarily mean incarceration, prison. For example, the simple condemnation to pay a fine is not nothing. It will result in the constitution of a criminal record if it is a first sentence and in case of a criminal record, a fine will appear as an additional line to an existing file. It should be noted here that an order to pay a fine in criminal matters, for example under the Highway Safety Code (speeding or parking infraction) does not give access to a criminal record.

Sometimes the sentence could even be a suspended sentence. Here, the penalty will be one of principle. It will not be executed as such, since "suspended" as its name indicates. However, here too, such a conviction will appear in the criminal record. 

The sentence can sometimes also be accompanied by a probationary follow-up (Probation). 

On the other hand, the reason why one is arrested in the first place is that one remains detained until trial or the opportunity to plead guilty, as the case may be. Sometimes this is because of the seriousness of the offense charged against the detainee. Such a decision can also be explained by the presence of a criminal record such as, for example,

Because of what some people call the heaviness or slowness of our system, the time spent in pre-trial detention could ultimately be of a duration similar to the prison sentence itself, ultimately imposed by the Tribunal. Here, pretrial detention is considered equivalent to a sentence that has already been served and the person so sentenced could be released as soon as the sentence is imposed by the Tribunal. Some speak of "weather done". This sentence will still have consequences on the criminal record.

In other words, the services of a lawyer to accompany you and represent you in the judicial process is essential, if not essential. At Boudreau Temim avocats inc., We attach paramount importance to your defense. It means safeguarding your fundamental rights throughout a process that is often long and difficult. 

On the one hand, we ensure that your rights are respected. On the other hand, we are working to develop the best possible defense based on the charges you are facing.

Finally, in the event of a conviction, we negotiate in your interest with the Prosecution. If that proves impossible, we make sure that your interests are brought before the Tribunal so that the sentence imposed on you is proportionate to what you are charged with. We make sure that if there is pain, it should not be exaggerated. 


We practice in particular in the metropolitan area of ​​Montreal.