Repeat Offender Penalties Explained

Summary

Repeat offenders in New Brunswick, particularly for drug trafficking, face stricter penalties such as longer sentences and higher fines. Ankle monitors are trackable out of province, and flying with one requires court approval. Appeals after a guilty plea are possible but must be based on legal errors or new evidence. The success of appeals, including those to exclude evidence, depends on proving procedural errors or rights violations.

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Drug trafficking
For drug trafficking, penalties for repeat offenders in New Brunswick are indeed stricter. Here are some key points:
- Increased Sentencing: Repeat offenders often face longer prison sentences.
- Heavier Fines: Fines can be significantly higher for second-time offenders.
- Parole Restrictions: Eligibility for parole may be more limited.
If you have any other specific questions or need further assistance, feel free to ask!
Are ankle monitors trackable out of province
Yes, ankle monitors are generally trackable out of province as they use GPS technology. However, the specific rules and monitoring capabilities can vary depending on the terms set by the court and the monitoring agency. It's crucial to check the specific conditions of your monitoring agreement.
Do you have any other questions or need further details?
Can someone fly with an akle monitor
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Flying with an ankle monitor is generally possible, but it depends on the conditions set by the court and the monitoring agency. It's essential to get approval from your supervising officer or agency before planning any travel.
Would you like more detailed information on travel restrictions?
Can an accused appeal a court decision after pleading guilty
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Yes, in New Brunswick, an accused can appeal a court decision even after pleading guilty, but it typically has to be on the grounds of an error in the legal process or if new evidence comes to light. The appeal must be filed within a specific timeframe.
Do you have any other questions or need further details on this process?
Are appeals usually successful
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The success of appeals can vary widely depending on the specifics of the case, such as the grounds for the appeal, the evidence presented, and the legal arguments made. Generally, appeals are less likely to succeed than initial trials, as they often hinge on proving procedural errors or new evidence.
Is there a specific aspect or detail of your case you are particularly concerned about?
Excluding evidence decision in a trial
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In New Brunswick, evidence can be excluded from a trial if it's proven to have been obtained unlawfully or if it violates the Charter of Rights and Freedoms.
- Illegal Search and Seizure: Evidence obtained without a warrant or probable cause may be excluded.
- Voluntariness: Confessions must be given voluntarily; coerced confessions can be excluded.
- Relevance and Prejudice: Evidence that is irrelevant or overly prejudicial may be excluded.
Would you like more detailed information on any of these points?
Would an appeal typically be successful to exclude evidence
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The success of an appeal to exclude evidence typically depends on factors such as proof of an error in the legal process or a violation of the Charter of Rights and Freedoms. Here are some key points:
- Procedural Errors: Demonstrating procedural errors in how evidence was obtained.
- Charter Violations: Evidence obtained in violation of constitutional rights.
Is there a specific error or violation you believe occurred in your case?