Conditional discharge

[Kaka2519]

Hello thank you for your reply and yes please i want to talk to you over the phone. I am so much worried. Can i have your contact details ?

And what is the best time to call you?

 

[Alireza123]

Hi there,

I got charged for,

1. Flight from police sec. 320.17
2. Dangerous operation. 320. 13
3. Impaired operation. 320. 14
4. Impaired operation over 80mg. 320.14 (1) (b)

I am on post graduation work permit in canada.

My crown has given me a offer of conditional discharge: i am going to include my crown’s response for email for better understanding: below is crown words on my current situation.

In the event of an early guilty plea to counts 3 and 4, I would withdraw the impaired and would be agreeable to seeking a conditional discharge with a period of probation and a driving prohibition.


could anyone explain to me this situation more precisely and recommend any solution to that if possible?

i am eligible to apply for permanent residency now, my question is that, more likely, i am going to have one year of probation with drivers prohibition.

can i extend my work permit later if I need to be because it’s expiring in April 2022.

after can I apply for permanent residency once I completed my probation for one year, or is there any way i can apply anytime, this is the confusion for me whether i can apply for permanent residency or not?

because based on my research, it’s says conditional discharge would show on my record for 3 years.

if anyone can crack this, that would be awesome?

thank you?

Vicky

Hi there,
I have the same situation as you right now.
Please and please give me an update about how you could pass this process and what happened to you then.
Please let me know.

 

[user7722]

Did you get y

Like i said earlier, I was charged while my PR was in process meaning i applied for pr first and the charge occurred 2 months later. My application was reopened 2 months ago so it's still in process. I had to redo medicals that expired and submit additional ircc requested. Again according to the law, a conditional discharge will not affect your applications. Applying for extension of wp will def not be an issue. PR application again will really be in the hands of the officer on file. Mine unfortunately clearly wasn't well versed on criminal law hence why my application was refused, reopened and sent to a different officer to review.

In your case, you are extremely lucky to be let off with a conditional discharge and I'll assume it's most likely bc it's your first offence. I'd be more worried about completing the probation than my application if i were you bc conditional discharge doesnt deem you inadmissible.

Also for your charge, you could also do some upfront work and ask the judge to terminate your probation sooner. Mine was 12 months but was terminated after 5 months when i explained the implications on my PR and the wrongful accusations as well as going to therapy.

You're in a pretty good situation where you could simply extend your wp, wait for your probabtion to be terminated before applying for PR if you're really scared it will be affected. But when IRCC does your criminality and security, they'll actually not see the conditional discharge(unless they do a vulnerable sector check) and even then they only would deny your application if they see any criminal record/conviction. They only knew about mine bc i disclosed it to them as they advise applicants to inform them about things like change of address or criminal charges, etc.

Again feel extremely lucky you're being given a conditional discharge and obv avoid any future unlawful actions.

Did you get your PR before probation or after probation ?

 

[user7722]

Hello guys,
I was charged in November 2020 and i have already applied my PR in August 2020. Right now my application is on hold i think. So my crown is lowering my charges to simple assault if i plead guilty. So i am pleading guilty next week and it will be simple assault and probation time will be 6-9 months as my lawyer says. My question is that after fulfilling the probation time am i able to get my PR done? Or they can refuse my PR. I am so scared and worried please any help will be appreciated.
Thank you

hey there, i'm in same situation please update me. Did you got your PR in probation period.

 

[ChiruJoshi]

I am in a similar situation and I would really appreciate it if you could help me out.
i got charged with operating while impaired 320.14(1)a and ipaired over 80 320.14(1)b on 22nd april 2024. I have PR but im scared i might get deported. My bac reading were 170 and 180. My first court appearance is on april 5th.
what should i do to avoid conviction?

 

[Cynth12345]

Hi there,

I got charged for,

1. Flight from police sec. 320.17
2. Dangerous operation. 320. 13
3. Impaired operation. 320. 14
4. Impaired operation over 80mg. 320.14 (1) (b)

I am on post graduation work permit in canada.

My crown has given me a offer of conditional discharge: i am going to include my crown’s response for email for better understanding: below is crown words on my current situation.

In the event of an early guilty plea to counts 3 and 4, I would withdraw the impaired and would be agreeable to seeking a conditional discharge with a period of probation and a driving prohibition.


could anyone explain to me this situation more precisely and recommend any solution to that if possible?

i am eligible to apply for permanent residency now, my question is that, more likely, i am going to have one year of probation with drivers prohibition.

can i extend my work permit later if I need to be because it’s expiring in April 2022.

after can I apply for permanent residency once I completed my probation for one year, or is there any way i can apply anytime, this is the confusion for me whether i can apply for permanent residency or not?

because based on my research, it’s says conditional discharge would show on my record for 3 years.

if anyone can crack this, that would be awesome?

thank you?

Vicky

Hello Vicky ,
My husband was of almost similar situations. he got arrested for dui on oct 2021 . The final court date was on june 3 ,2022 and honourable crown gave him conditional discharge with 6 months probation and 3 yrs licence suspension.
We applied for pr on Dec 2023. We submitted all the court documents ( including court order, updated schedule A form, court transcript). Now Ircc is asking us to provide a document if the conditions set by the court is meet .?

my concern is he completed 6 months probation. But he is still serving 3 yrs license suspension (until June 2025).
Do you think our application will be on hold even after we provide documents of completion of probation.?

 

[Cynth12345]

I am in a similar situation and I would really appreciate it if you could help me out.
i got charged with operating while impaired 320.14(1)a and ipaired over 80 320.14(1)b on 22nd april 2024. I have PR but im scared i might get deported. My bac reading were 170 and 180. My first court appearance is on april 5th.
what should i do to avoid conviction?

I would suggest you to plead guilty … and ask your lawyer help you to get a conditional or absolute discharge.