What Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do When First Accused or Charged with Sexual Assault?

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What Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do First:

If you are either charged with sexual assault or accused of sexual assault, the first thing you should do is contact a criminal defence lawyer in Toronto or the GTA who has the necessary experience to ensure a successful outcome.

It is important to hire a criminal defense lawyer who is experienced with sexual assault charges as soon as you are aware that you are being charged or accused of sexual assault.

Why Is It Important to Immediately Hire a Criminal Defense Lawyer?

It is important to hire a criminal defense lawyer immediately if you are charged or accused of sexual assault because they will make sure are protected. The criminal defense lawyer will ensure that you are not charged at all if possible. If you are charged, that all your rights are protected. But most importantly that you are released immediately after you are charged.

The criminal defense lawyer will make sure the police do not ask you questions. That is very important because any answers or statements you give to the police will be used against you. The experienced criminal defense lawyer will ensure you do not spend any more time than necessary in the police station.

The Potential Negative Effects of Being Charged or Accused of Sexual Assault

There are several potential negative effects of being either charged or accused of sexual assault. Your employment may be affected, depending on the type and your position.

For example, if you are a massage therapist and you have been charged with sexual assault on one of your patients. You can expect that a condition of your bail will most likely be that you are not allowed to perform any massages in your capacity as a massage therapist until the outcome of your sexual assault charge has been dealt with in the court. Even if you are only accused of sexual assault in the above case and not charged, your employer may decide to suspend you until the sexual assault complaint is dealt with or even dismiss you all together.

Your marital or spousal relationship may be affected. Your reputation with your peers is likely to be affected. It is difficult enough dealing with the effects of the charge or accusation of sexual assault whether alone or with the support of family and friends. You don’t have to deal with the legal aspects of being charged or accused of sexual assault. Hire an experienced criminal defense lawyer to help you.

Sexual Assault and Sexual Harassment Complaints in the Media

We are seeing real life examples of how being accused of sexual assault or harassment can affect the life of the person. In the last few months there have been several sexual assault and sexual harassment complaints against politicians, MPs, television personalities and other individuals in the public eye. These complaints have resulted in these individuals stepping down from their positions and ultimately having a real negative impact on their lives. Other law makers including the Prime Minister have taken positions that perpetuate the effects of these complaints without any due process.

Our judicial system is built on the presumption of innocence. Any erosion of this principle will ultimately negatively impact our society as a whole not just the individuals being accused of these sexual assaults. It is imperative that we as a society remember that if an individual is accused of a criminal act, such as sexual assault, that we have a moral and legal obligation to investigate before coming to the determination of whether the complaint is true or not. Or in the context of a charge before determining if the person is guilty or not.

If you have questions about being charged or accused of sexual assault, please contact Donna Pledge today.  She will ensure that that our moral and legal obligations are upheld

Call 416-630-8702 or click here to email.

Donna V. Pledge.

Donna V. Pledge is a highly experienced criminal lawyer in Toronto with over twenty years of experience in the area of criminal offence. She has been successfully defending clients since 1992. She has earned the reputation of a tough and no-nonsense lawyer who can get her clients out of any criminal case with either a full acquittal or a very light sentence. Donna represents her clients in courts all over Ontario.

How Credit Card Theft Charges Can Impact Your Life

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When you are found guilty of credit card theft, a criminal offence, you will be facing a number of harsh consequences. Those consequences are not limited to the legal penalties alone either. You will also face travel restrictions, possible complications with your financial and employment situations, and an effect on your personal life.

Legal Consequences

When you are charged with credit card theft, it is a criminal charge that can result in some combination of jail and a fine if the charge is a summary offence, meaning that you will be tried by a judge only. The maximum penalty for jail time is six months, and the maximum fine is $5,000.

However, if the theft charge is indictable you will have to be tried by a judge and jury after a pretrial establishes that there is enough evidence to go to trial. If you are convicted, you could face up to 10 years in prison.

Travel Consequences

Once you are convicted of a criminal offence like credit card theft in Canada, it affects your ability to travel to other countries. Most importantly, you may not be able to travel to the United States.

United States immigration laws may bar entry, and deem it illegal to try to enter the country, if you have a criminal record. No matter how long ago you were found guilty, or the extent of the crime, you cannot enter.

Other countries also issue travel bans, and before you can travel again outside of the country, you will have to disclose your criminal record and could be refused entry.

Financial/Employment Consequences

In addition to paying high fines, you could also be put into jail or prison, both of which will have a detrimental impact on your employment earnings. Over the long term, the charge could impact your credit score if you run into financial difficulties, which could affect your ability to buy assets on credit, and of course, to have credit cards of your own.

If you do have a job at the time of your record, you could lose it if you have to serve time, or if a condition of your employment, such as law enforcement, requires a clean record. Your future career choices could also be limited, since some professions will not grant licences to people convicted of a criminal offence.

And even though no employer can access your criminal record history without your consent, employers often seek permission to view it and take it into consideration when hiring decisions are made. Careers in banking, payroll and some human resources, cashiers, or positions working with children could all be limited with a criminal record.

A criminal record could also affect your ability to get certain university professional degrees. For studies in financial services, for example, credit card theft could result in being denied entry into accounting or bookkeeping. Many other programs, like law, dentistry, and medicine may also require background checks.

Personal Consequences

For most people, dealing with a criminal record can also affect personal relationships, and credit card theft is no exception. A conviction for stealing someone else’s credit card could leave you isolated from family and friends concerned that their possessions are equally vulnerable to your criminal activity. The stress caused by time in jail or prison along with the financial and employment strain alone could jeopardize personal relationships with spouses or partners, and children.

If you are facing criminal charges and need legal advice, book your appointment today with Toronto criminal defence lawyer Donna V. Pledge.

Driving Under the Influence of Marijuana

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What is known as driving under the influence is referred to as either impaired driving or blowing over 80. According to Canadian law, a driving under the influence offence can occur in one of two ways. One way is for a person’s blood alcohol concentration, the amount of alcohol in one’s body being at or over 0.08 percent. The other way is impaired driving which does not depend on the amount of alcohol in a person’s system. This is how someone can be charged with driving under the influence of marijuana.

Difference between DUI involving Alcohol and DUI Marijuana

Canada treats both types of DUI the same. However, they are different in the way police investigate DUIs involving drunk driving. The police can use the breath test to determine the amount of alcohol in a person’s system. However, a breath test cannot determine marijuana consumption.  As such, the police have to conduct a DUI marijuana suspicion differently.  

Police Look for Signs of Driving under the Influence of Marijuana

After a traffic stop, police look for signs of impairment that signal that a person was driving under the influence of marijuana. These signs include:

  • Driving too slowly
  • Driving erratically
  • Slurred speech
  • Blood shot eyes
  • Glassy eyes
  • Impaired cognitive function
  • Impaired motor skills
  • The smell of marijuana in your vehicle

In addition to looking for the above marijuana impairment signs, the Criminal Code of Canada addresses how police can investigate possible marijuana DUIs. Section 254(2) (a) gives police permission to demand that a driver suspected of marijuana impairment complete a Standardized Field Sobriety Test, or SFST.  The test includes a physical conditioning test, which allows an officer to look for the signs of impairment.

Care or Control

According to the Criminal Code of Canada, a person can be charged with driving under the influence of marijuana even though their vehicle is not in motion. To be in care and control of the vehicle means that an individual was sitting in the driver’s seat at the time the police noticed him or her. For instance, you may have been stopped on a street and stopped by police. You could be arrested for driving under the influence of marijuana. It is presumed that you intended to drive.

Possible Defences to Driving under the Influence of Marijuana

Defending a marijuana DUI offence requires a different approach than an offence involving alcohol. First, a lawyer must determine why the police stopped your vehicle. Once this is established, the next step is to build a defence around how the marijuana was detected in your body. Typically the police will use a urine or blood sample to find out the THC concentration in your system. There are always flaws in the way the police determine the amount of marijuana in your system, so this is one possible avenue for your lawyer to explore.

If you or a loved one was charged with the offence of driving under the influence of marijuana, you have legal options. To understand all the available defences you can use, talk to a criminal lawyer in Ontarioabout your marijuana DUI.

Possession for the Purpose of Trafficking in Canada

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In Canada, possession for the purpose of Trafficking is governed under the Controlled Drugs and Substances Act. A conviction of possession for the purpose of trafficking Canada typically involves one of three elements:

  • You have the drug on your person.
  • You knowingly have the drug in possession or custody of another individual.
  • It could also be in any place that is owned or occupied by you.

The last element involves more than one person. Two or more people may possess the drug, but may not be in physical possession. Another person may be physical possession of the drug.

Penalties for Possession for the Purpose of Trafficking in Canada

The specific penalties associated with possession for the purpose of trafficking Canada depends on the drug involved. Each drug falls into a category according to the serious effect of the drug. For instance, Schedule I drugs are considered hard drugs. They include addictive drugs such as morphine, oxycodone, cocaine and heroin. Other drug schedules are as follows:

  • Schedule II includes drugs like Cannabis and synthetic preparations.
  • Schedule III includes methamphetamine and LSD.
  • Schedule IV consists of popular pharmaceuticals like diazepam, anabolic steroids and benzodiazepine.
  • Schedule V consists of Propylhexedrine.
  • Schedule VI is separated into three parts and includes the base drugs used to make more lethal drugs like cocaine.

Your possible jail or prison sentence depends which schedule the drug you are found to be in possession of falls into. However, the minimum sentence where applicable, starts at six months in jail. For example, the penalties for possession in for Schedule I drugs can range from six months in jail to seven years in prison.

Penalties for Trafficking

Trafficking under Ontario law is defined as to:

  • Administer.
  • Sell.
  • Transfer.
  • Send.
  • Deliver the drug.
  • Sell an authorization to obtain the drug.
  • Transport.
  • Offer to do any of the above.

No money is required to change hands when it comes to the trafficking portion of the law. Penalties include a maximum limit. Sentences are based on the drug classified in the Schedules above. For instance, you may receive up to 25 years in prison for a trafficking conviction of Schedule I and/or II drug.

A trafficking conviction for a Schedule III drug is anywhere from 18 months in jail to 10 years in prison. You may spend one year in jail to three years in prison for a Schedule IV trafficking conviction.

An Ontario Lawyer Can Help You Fight the Possession for the Purpose of Trafficking Charge

The key to a successful outcome in this type of criminal case is to have a highly knowledgeable criminal defence lawyer on your side. To learn more about how a lawyer will help you fight and resolve a drug trafficking and/ or possession charge, contact us today.

WHY YOU SHOULD NOT TALK TO THE POLICE

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Let me tell you one of the most important statement to remember if you are arrested and/or being investigated by the police “Do not say anything other than your name, address, telephone number and date of birth TO THE POLICE”.

This Is Your Right

This is of course your right. When you are arrested or investigated by the police you have the right to remain silent and not answer their questions. Not only is it your right, it is the best advise you could ever get. It has been my experience that providing a statement to the police, or just answering a few questions, does not benefit you in the least. In fact more often than not any statement or answers to any questions you provide end up being used against you, regardless of whether it was not meant that way. I have also found in my many years of practice that if the police attempt to get a statement or ask you questions, they are doing so because they do not have enough to arrest you, and therefore are looking for you to give them what they need. I have had many cases where the only evidence against my client was his/her statement and had he/she never provided a statement he/she would never have been arrested.

It Will NOT Hurt You to Not Talk to the Police

If you are ultimately charged, the court cannot draw a negative inference from you not answering the police questions or not giving the police a statement. In other words it will not hurt you not to talk to the police, it can only hurt you to talk to the police. Therefore there is no downside to not providing answers or a statements to the police.

If you are contacted by the police to “come in and answer some questions “, it is likely in relation to potential charges. Therefore the second best advise I can give you is to contact an experience lawyer such as myself, Donna Pledge, a Toronto Criminal lawyer at donnav.pledge@bellnet.ca or 416-630-8702, to first speak with the police on your behalf. The lawyer will ascertain the true reason for you attending the police station as the police’s request. Contacting an experienced lawyer can ultimately stop you from being charged in the first place or at least ensure that you do not provide a statement to the police that can be used against you. Ultimately this could make the difference between you being charged in the first place and being found guilty in the second place. Donna Pledge, a Criminal Lawyer, donnav.pledge@bellnet.ca or 416-630-8702.

What You Need to Know if You Are Charged With Possession of Illegal Drugs

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Possessing and producing illegal drugs, whether for the purpose of consumption, trafficking, importing or exporting, is a criminal offense in Canada. If you are found to be in possession of illegal drugs, you may be punished with fines, a jail sentence and a criminal record.

The most commonly used illegal drugs in Canada are amphetamines, cannabis, cocaine and crack. Other illegal drugs in circulation are heroin, LSD, mescaline, psilocybin, barbiturates and anabolic steroids. The penalties for possessing these drugs under the Controlled Drugs and Substance Act are as follows:

Cannabis:

Cannabis is a group of drugs that includes marijuana, hashish and hash oil.

  • The maximum penalty for an indictable offence is imprisonment for up to 5 years.
  • For an offence punishable on summary conviction, there is a fine of up to $1000 and/or a prison term not exceeding 6 months. For subsequent offences, the punishment can be a fine up to $2000 and/or imprisonment of 1 year.

LSD, Amphetamines, Hallucinogens:

  • Less serious charges are tried by summary conviction and the maximum penalty for first offence is a fine of up to $1000 or a prison sentence of up to six month or both. For subsequent offences, the penalty is a fine of up to $2000 and/or a prison sentence of up to one year.
  • More serious charges are tried by indictment and the maximum penalty is a prison sentence of up to three years.

Cocaine, Crack and Heroin:

  • A first offence is punishable by summary conviction and the maximum penalty is a fine of up to $1000 and/or a prison sentence of 6 months. A subsequent offence may involve a fine up to $2000 and/or a maximum imprisonment term of 1 year.
  • More serious charges are tried by indictment and the maximum penalty is imprisonment for up to seven years.

If you are charged with possession of illegal drugs, then you should contact a criminal defense lawyer immediately. Without a lawyer, you have very little chances of success when it comes to cases of drug possession. If you are looking for an experienced lawyer then contact Donna V. Pledge. She is a highly regarded Toronto criminal defense lawyer with over two decades of experience in defending clients charged with illegal drug possession.

 

Will I Face Criminal Charges for Shoplifting?

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Have you been charged with shoplifting? Now you realize that it was a stupid thing to do, but you got carried away and thought you could get away with it. You probably forgot about the CCTV cameras and the vigilant employees. Now that you have been caught and charged, the important thing is to understand that you may face criminal charges because shoplifting is a crime in Canada punishable by fine or imprisonment or both if you are found guilty.

Every year, about 50,000 people are charged with shoplifting in Canada and about half of them are people with no previous criminal records. Did the store’s security take your name and address when you were caught? They forward that to their lawyer who then writes a demand or civil recovery letter. You shouldn’t be cowed by the letter as it is a tactic often used by stores to intimidate you into paying a sum of money to the store, often more than what you have taken. If that happens, call your lawyer immediately. 

Two interesting things about shoplifting is that (1) you can be charged if you are accompanying a friend who has been caught shoplifting and (2) you can be charged even if you haven’t walked out of the store. The first is simply a case of being in the wrong place at the wrong time with the wrong person. You will be charged as an accomplice even if there is not enough evidence. The second is owing to the wording in Section 322(2) of the Criminal Code defines “The time a theft occurs” as the time a person “moves anything or causes it to move or to be moved or begins to cause it to become movable” with intent to steal that thing.

Penalties for Shoplifting:

  • Theft under $5,000: If the total value of the items you have shoplifted does not exceed $5,000, then you will be charged with Theft under $5,000 described in Section 334(b) of the Criminal Code of Canada. Depending upon the amount stolen and the seriousness of the crime, you will be prosecuted for either a summary offence or an indictable offence. In the case of the former, the maximum penalty is 6 months’ imprisonment and/or $2,000 fine. In the case of the latter, the maximum penalty is 2 years’ imprisonment.
  • Theft over $5,000: If the total value of the things you have shoplifted is equal to $5,000 or more, such as jewelry and expensive watches, then you may be charged with Theft over $5,000. This is an indictable offence with a maximum penalty of 10 years’ imprisonment.

Shoplifting has a social stigma and your name will be tainted forever if you are found guilty. Once you have been caught shoplifting and slapped with criminal charges, there is no point in denying or crying foul. You should hire a criminal defense lawyer without delay and have him or her to negotiate a withdrawal settlement. If that fails, then the lawyer will try to get you acquitted or have your sentence reduced. Donna V. Pledge is a reputed Toronto criminal defense lawyer who has over two decades of experience in successfully representing clients charged with shoplifting.

What are the Differences between Dangerous Driving and Careless Driving?

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Careless driving is an offence under the Highway Traffic Act, which is a provincial statute and not a criminal offence. However, it can be punishable with a fine or a term of imprisonment or both.

Careless Driving

When a driver is not paying adequate attention to the road, road signs, and people near the road while driving, he or she can be said to be driving carelessly. A careless driver is selfish in that they are not reasonably concerned about consequences of his driving. He ignores traffic rules not because he wants to but because he is careless. Careless driving is one of the major causes of accidents and deaths on the highways.

If convicted, you are liable to:

  • A fine ranging from $400 to $2000
  • And/or imprisonment for a term up to 6 months
  • Your driver’s licence or permit may be suspended for up to 2 years

Dangerous Operation of a Motor Vehicle

When a competent and careful driver drives a motor vehicle at a high speed without consideration for his personal safety or in a way that endangers the safety of people, animals and properties, he can be said to be driving dangerously. He often ignores traffic rules willfully and shows complete disregard for other people’s lives and properties. Driving a vehicle knowing that it is in dangerous condition also falls in this category. Dangerous driving can be convicted under Canadian criminal law.

If found guilty, you may be liable to a term of up to 14 years imprisonment and/or a fine, probation, licence suspension and a criminal record. All of these punishments will depend on the circumstances of your particular scenario, and whether your dangerous driving caused bodily harm or death.

If you are charged with dangerous driving or careless driving, you should immediately call a criminal defense lawyer. Call Donna V. Pledge, a trusted Toronto criminal lawyer with over two decades of successfully representing clients charged with driving dangerously or carelessly.

How to Find a Lawyer to Fight Your Criminal Charges

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Your choice of criminal defense lawyer can make a huge difference to the outcome of your case; therefore, it is essential that you know how to find a lawyer who will best represent you. The following advice on how to find a lawyer will ensure that you make the right decision.

How to Find a Lawyer

To begin, you need to create a short list of potential lawyers. Like seeking out any other service, a good way to start could be to ask friends and family members for referrals. However, if you would rather not advertise the fact that you are facing criminal charges, there are other ways to search, including your local lawyer directory and online testimonials. You may prefer only to consider lawyers whose area of specialty is the defense that you require; for instance, assault charges, driving offenses, or fraud charges.

Consulting with Lawyers

Before coming to a final decision, you should consult with each of the criminal defense lawyers you have found and determine who is best qualified to represent you. Ask lawyers about their experience, whether they have handled cases similar to your own in the past, how many jury trials they have litigated, if they often work out plea bargains or request lesser charges, and what are their fees, including how fees are calculated and whether they offer a payment plan. You should also ask all the lawyers you consult with for references from past clients.

If you are facing a serious charge, you must have criminal lawyer to represent you in court. However, even if you only face minor charges, you should still talk to a lawyer before your trial, who will be able help you understand your charges, explain the defenses available to you, and discuss potential plea bargains.

If you are wondering how to find a lawyer in Ontario, Canada, look no further. Contact Donna V. Pledge for legal advice on your criminal charges.

What is Considered Assault Causing Bodily Harm?

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When a police officer in Canada has ‘reasonable grounds’ to believe that a person has committed an assault causing bodily harm, an arrest can be made. The police do not have not to gather evidence to prove the crime occurred beyond a reasonable doubt. That work will be done after the arrest in preparation for trial by the Crown attorney. So, what does the Crown have to prove for an assault causing bodily harm and what is the punishment for it?

Legal definition assault causing bodily harm

Section 266 of the Criminal Code of Canada and criminal case law determines that an assault has taken place when a person applies intentional force on another person, indirectly or directly.

Section 267 indicates that for an assault to rise to the level of bodily harm, one additional requirement must be met, the person committing the assault actually did cause bodily harm.

Proof of offence for assault causing bodily harm

For the Crown prosecutor to get a conviction, she or he must first prove at trial three essential elements to the case in addition to establishing the identity of both parties, the time and date of the incident and the jurisdiction:

1. The way the assault was committed (fist, weapon, open hand, and so forth) and the number of blows;

2. That the accused’s use of force was intentional, i.e. the accused did not accidentally, reflexively or carelessly cause harm;

3. The extent of the injuries to the complainant;

Punishment 

In Canada assault causing bodily harm can be charged as an indictable offence or an offence punishable on summary conviction. The type of charge will determine the possible punishment.

If the charge is an indictable offence and the person is found guilty, then the punishment is imprisonment not to exceed ten years. If the charge is punishable on summary conviction then the punishment is imprisonment not to exceed 18 months.

Legal Defence

The Criminal Code of Canada provides for the theory of self-defence or accident to a charge of assault causing bodily harm. So if you are charged with this crime, you should contact a criminal defence lawyer. There are legal statutes that define self-defence and your lawyer can assist you in arguing that the charges should be dropped, or in mounting your defence at trial.