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    Paully Wogg's Avatar
    Paully Wogg Posts: 2, Reputation: 1
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    #1

    Oct 28, 2008, 07:51 PM
    Statute of Limitations in Ontario, Canada
    Is there a statute of limitations on the criminal charges of obstruction and mischief. Waiting now for 1 and a half years to appear in Ontario Criminal Court. Also if found guilty is this a type of criminal record that would prevent me from traveling.
    I thank you in advance.
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    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Oct 29, 2008, 05:54 AM
    Hello Paully:

    I don't know about Canada, but here in the US if you've been charged, the statute of limitations stops running. If you failed to appear in court, a warrant would have been issued and it would last forever.

    So, I don't know what you're waiting for. Have they just not scheduled it? Are they still investigating? Do you have a lawyer??

    Yes, if you're found guilty of a criminal offense, you will have a criminal record. Will it prevent you from traveling?? It sure will.

    excon
    Paully Wogg's Avatar
    Paully Wogg Posts: 2, Reputation: 1
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    #3

    Oct 29, 2008, 06:16 AM
    Quote Originally Posted by excon View Post
    Hello Paully:

    I dunno about Canada, but here in the US if you've been charged, the statute of limitations stops running. If you failed to appear in court, a warrant would have been issued and it would last forever.

    So, I dunno what you're waiting for. Have they just not scheduled it? Are they still investigating? Do you have a lawyer???

    Yes, if you're found guilty of a criminal offense, you will have a criminal record. Will it prevent you from traveling??? It sure will.

    excon
    Yes I have a Lawyer and court date is scheduled. I just thought that since more than a year has passed charges might be dropped. The charges are over a very minor situation.
    Thank you again.
    P
    emery's Avatar
    emery Posts: 92, Reputation: 2
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    #4

    Oct 29, 2008, 06:59 AM

    I understand what you are asking, it is true that sometimes if a case takes an extremely long time to get to court and the charges are minor they could be dropped. How far away is your next court date? Your lawyer would be best to ask his opinion and like anything else even it time passes doesn't mean the charges will be dropped, anything can happen.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Oct 29, 2008, 07:07 AM
    Hello again, Paully:

    Here in the US, we have a "speedy trial" law, that most defendants waive because it's in their interest to delay the trial as long as possible...

    If a defendant DIDN'T waive his right to a speedy trial, he can have the charges dropped. If Canada has the same kind of law, and you DIDN'T waive your rights, then you too, might be able to have the charges dropped due to that.

    A quick call to your lawyer would answer that for you.

    excon
    freshoutlook's Avatar
    freshoutlook Posts: 1, Reputation: 1
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    #6

    May 23, 2010, 12:07 AM
    A criminal record in canada, depending on how serious, will only limit your travel to a few countries, only one I know of for sure being the US. I have a record, and quite a long one at that, and I've been to many places without incedent(aside from one time in japan when I checked the ''yes'' box when asked if I had a record, so never do that lol, they can't check, though most entry cards don't ask anyway). Thailand, Mexico, Japan, England and the Netherlands to name a few, and headed to australia soon too as well as some more of S.E.A.
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