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frequently asked question

What are the common criminal defense strategies?

Common defense strategies include:

Alibi: Providing evidence or witnesses to prove the accused was elsewhere when the crime occurred.
Self-defense: Arguing the accused acted to protect themselves or others from harm.
Mistaken identity: Asserting the accused was misidentified as the perpetrator.
Lack of intent: Arguing the accused did not have the intention to commit the crime.
Entrapment: Claiming law enforcement induced the accused to commit the crime.
Insanity defense: Asserting the accused was not of sound mind at the time of the offense.
Violation of rights: Seeking to suppress evidence obtained through unlawful means.

Each strategy depends on the specifics of the case and may vary in effectiveness. Our experienced defense attorney will determine the best approach based on the circumstances.

Can a criminal conviction affect parental decision-making for a child's education or healthcare?

Yes, a criminal conviction can impact parental decision-making in Canada, particularly regarding a child’s education and healthcare. The court’s primary concern is the best interests of the child. If a parent’s criminal conviction suggests they may pose a risk to the child’s well-being or that their judgment may be impaired, the court may limit or restrict that parent’s decision-making authority. The severity of the conviction, the nature of the offense, and its relevance to the parent’s ability to make sound decisions for the child will all be considered.

What factors does the court consider when determining child custody?

In Canada, the court determines child custody based on the “best interests of the child” principle. Several factors are considered, including:

The child’s emotional ties to each parent and other family members.
The stability and permanence of the proposed living arrangements.
Each parent’s ability to care for the child and meet their needs.
The child’s wishes, depending on their age and maturity.
Any history of family violence or criminal behavior.
Each parent’s willingness to foster a positive relationship between the child and the other parent.

What options are available for resolving disputes in divorce or separation cases?

In Canada, there are several options available for resolving disputes during divorce or separation:

Negotiation: The parties can negotiate directly with each other, often with the assistance of their lawyers.
Mediation: A neutral third party, the mediator, helps the parties reach a mutually acceptable agreement.
Collaborative Law: Both parties, along with their lawyers, agree to resolve their issues cooperatively without going to court.
Arbitration: The parties agree to submit their dispute to an arbitrator, who makes a binding decision.
Court Litigation: If other methods fail, the parties can take their dispute to court, where a judge will make a final decision.

How long does the immigration process take?

The duration of the immigration process can vary widely depending on the type of application, the applicant’s country of origin, and current processing times:

Canada: Immigration processing times can range from a few months to several years. For example, family sponsorship applications may take 12-24 months, while express entry applications can be processed within 6-12 months.
United States: U.S. immigration processing times also vary. Family-based immigration can take 12-24 months or longer, depending on the category and country of origin. Employment-based green card applications can take several months to years, depending on the applicant’s priority date and visa availability.

Get in touch.

nasim@jalililawfirm.ca

(905) 597-0887

55 Commerce Valley Dr W #502, Thornhill, ON L3T 7V9, Canada

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