Follow this forum: Subscribe above to receive an email when anyone responds or add the RSS Feed below into your own newsfeed reader.
This is a letter I sometimes get asked to write by defence lawyers. They are trying to get their clients a "better deal" and in the case of this particular client, he has relatives in the United States and the lawyer is trying to establish hardship as a way of getting him a lighter sentence or even have the charges withdrawn. He was pulled over and got into an altercation that resulted in "assault a peace officer". He has court on Monday.
The next comment is the letter, obviously I put it on letterhead usually.
My name is John Rogers. I specialize in Pardons and Waivers. My area of expertise specifically, are Waivers to the United States. I have been doing Pardons and Waivers since the 90’s, so I have a wide client base and many contacts, which gives me a broader view of what is happening at the border daily.
I don’t just deal with clients with criminal records. I am based in Brampton, so fully 1/3 of my clients are denied entry because of things other than criminal records.
I deal with the “aftermath” of someone being “charged criminally, convicted/acquitted/stayed/dismissed/withdrawn or even “discharged” so I understand the CONSEQUENCES after the cases are over.
On average I see 5-10 criminal records a day. We are also accredited by the RCMP to fingerprint, so I see many clients who are doing Permanent residence or citizenship applications, not to mention employment checks, so I see the consequences of arrests on those people as well.
Unfortunately, in my experience, most legal professionals do not deal with “what happens after”, so they do not see the consequences of a criminal record. I have attached a separate page on suicide rates. What is not mentioned, is that police are 5 times more likely to charge someone again if they see a past criminal record. Statistically, an initial conviction makes it easier to get additional convictions.
Scenario 1. Client is convicted. Given a “regular” conviction. (probation, fine, incarceration etc)
-Client will have a criminal record for 5 years plus the sentence if summary 10 years if indictable. Then they can apply for a Pardon. Note, the United States does not recognize a Canadian Pardon.
-No travel to the United States, even if they apply for a Waiver for 3-5 years.
Scenario 2. Client pleads guilty, is given a discharge
-Absolute discharge, can be removed after 1 year. Client cannot travel until we remove the discharge.
-Conditional Discharge – Can be removed after 3 years.
(Note, these charges are NOT removed automatically. If a client does NOT bring it to the RCMP’s attention, the record REMAINS forever. When they amended the Criminal Records Act on July 24 1992 they made them ELIGIBLE to be “removed automatically”, but the RCMP does not have a mechanism to “automatically” do it, unless you TELL them to)
Scenario 3. Client has charges Withdrawn/stayed/dismissed/acquitted.
-There is still a record of arrest, and we cannot apply to remove it for a year (most police forces) BUT, the client can PROVE with court documents that he was not Convicted, which means they will allow him access to the United States. A Peace bond, or any other conditions do not change his access.
My information on The United States is not anecdotal. It’s based on clients crossing every day, so this information is CURRENT, and based on actual people and cases. Many of my clients DEPEND on my knowledge to be ACCURATE. For example, I have many clients of Somali decent who are truck drivers. With Trumps racist rhetoric, my clients who feed their families by driving trucks across the border need REAL practical information. They cannot afford to be detained arbitrarily, or worse, be banned and not be able to do their jobs.
To be clear, unlike a lawyer, I am not paid to “try”. I am paid to assess the situation, give clear options, and BE RIGHT. I will not take money from someone unless we have a reasonable chance of success. When asked about the border my answers are specific, and not speculation.
Please feel free to contact me directly if you have any questions. I am not a lawyer, so you will find my answers to be direct, specific, and accurate. My information is always current.
Sincerely;
John Rogers
Pardon and Waiver Experts.
416-843-1371
Pardon.experts@rogers.com
| YOU TYPE: | YOU SEE: |
|---|---|
| _italic_ | italic |
| *bold* | bold |
| "This is quoted text." | This is quoted text. |
| ::This is a title | This is a title |
| :::This is a smaller title | This is a smaller title |
| --- | |
| % inline code text % | inline code text |
| +Bulleted unordered list item+ +Bulleted unordered list item+ |
|
| #Bulleted ordered list item# #Bulleted ordered list item# |
|
|
YES: http://www.google.com NO: www.google.com YES: email@email.com |
http://www.google.com www.google.com email@email.com |