4 Ways Criminal Law Differs in Canada and the US

Since the United States is so close in proximity to Canada and the two countries have a broad, shared border, traveling back and forth between the two countries is common among citizens. While this can be beneficial for residents for a lot of reasons, it also heightens the potential for a Canadian citizen to be charged with a crime in the U.S. and vice versa.

In the event you are charged with a crime in the U.S. as a Canadian citizen, it is best if you reach out to a criminal defense lawyer in Canada for legal counsel in addition to an attorney in the U.S. because you may need guidance from both sides. Here is a look at some of the ways things can differ in the U.S. and how they can affect your case. 

1. States can have different laws. 

In Canada, federal law is consistent no matter what province you are in. However, in the United States, laws regarding specific types of crimes can differ depending on what state you are in. These differences from state to state can drastically affect the outcome of your charge, including what the typical punishments will be. For example, one state may mandate a jail sentence for driving while intoxicated and another state may simply charge you a fine. Finding a lawyer than can explain the state's laws can help you feel in more control of your case.

2. Several states in the United States do still have the death penalty. 

While the death penalty has been abolished in Canada for decades, the death penalty is still a possibility in certain states in the U.S. In fact, 30 states in the country can still recommend the death penalty when a crime is severe or heinous enough that the court feels death is warranted. 

3. You can "Plead the Fifth" in the United States. 

In Canada, if you're required to testify in court, then you must after you have been charged with a crime. In the U.S. you have the right to "Plead the Fifth," which is a phrase used in reference to the Fifth Amendment of the Bill of Rights that allows you to remain silent or not testify if you choose not to. You do not have to answer questions after getting arrested either; you can choose to speak only through a criminal defense lawyer if that is what you prefer to do. In some cases, speaking up can mean what you say is used against you in court. 

To learn more and start building your case, contact a criminal defense lawyer near you. 

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