possession, gun charges, lawyer

Recent Success: Facing Multiple Possession Charges

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Allegations

My clients were charged with Possession of a Substance, that being Marijuana, for the purpose of Trafficking. They were also charged with:

  • Possession of a Firearm
  • Point a Firearm
  • Possession of a Restricted Weapon
  • Possession of Weapons Dangerous

All charges against both of my clients were withdrawn as a result of my efforts to successfully convince the Crown that they were unable to prove any of the foregoing charges.

Arrests

My clients were arrested as a result of a radio call made to the police. The call advised them that one of my clients had pointed a handgun at them. The police immediately attended my clients’ residence, where they resided with three other members of their family. Upon entering and searching the residence, the police seized a firearm and an amount of marijuana.

Trial Proceedings & Results

Upon review of the case and the disclosure, it became evident to me that the Crown would not be able to establish that in fact either of my clients had either knowledge or control of the firearm or marijuana.

After having met with the Judge and the Crown on several judicial pretrials, the Crown withdrew all charges.

Above all, it is important regardless of the seriousness of the charges, that the lawyer you hire takes the initiative to review your case and determine if it a matter that can possibly be withdrawn without the necessity of a trial. Donna Pledge has been practicing in the area of criminal defence cases for over 29 years. She will ensure that if your case can be withdrawn without a trial, it will be.

Get the Best Defence: DV Pledge

Donna Pledge is a criminal defence lawyer who always does the very best for her clients. Donna Pledge goes above and beyond for you if you have criminal offence charges.

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario.

 

arrested for marijuana

Recent Success: Charged for Trafficking and Possession of Marijuana

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Allegations

My client was charged with Trafficking Marijuana and Possession for the Purpose of Trafficking in Marijuana. Both charges were dismissed at trial.

My client was arrested as a result of a search warrant that was executed at their residence. The police seized a large quantity of dried marijuana. The search warrant was obtained as a result of surveillance by the police of several individuals including my client over a 2-month period.

Trial Proceedings and Results

At trial, I brought several charter applications including an application to have the search warrant quashed. As a result, the matter was thrown out during the foregoing application. Some of the dynamic that went into winning this trial involved cross examining the officer who wrote up the search warrant on inconsistent statements. These statements were made to and from other officers and the Crown.

The lawyer you choose to represent you has to be able to cross examine the officers with respect to the statements they made to the assigned Crown, even if that may be placing the Crown in a precarious position. Donna Pledge has done such cross-examinations many times and is willing to do it again.

Get the Best Defence: DV Pledge

Donna Pledge is a criminal defence lawyer who always does the very best for her clients. If you are charged with any criminal offence, Donna Pledge will go above and beyond for you.

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario.

 

Recent Success – Charged with Impaired Driving Over 80

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My client was charged with Impaired Driving and Over 80. After a trial both charges were dismissed.

Allegations

The allegations were that my client was driving home and a citizen called about a possible impaired driver with the license plate number of my client’s vehicle. They were unable to locate the vehicle. They therefore attended at his residence, which was the listed address registered to the vehicle.

The police noticed a vehicle turned into my client’s driveway and immediately pulled behind the vehicle in order to ensure it would not leave. The police attended at the driver side of the vehicle and asked my client to exit and noted the following signs of impairment; fumbling with his wallet for his driver’s license, dropping his driver’s license, attempting to retrieve his driver’s license then missing it, and falling to the ground.

The police then arrested my client for impaired driving. They brought him to the station where he provided two breath samples. Both of which resulted in readings over the legal limit of over 80 mg of alcohol in 100 ml of blood.

Trial Proceedings

At trial I argued that the certificate of analysis for the Over 80 charge was not served on time. Therefore the Over 80 charge was withdrawn.

We proceeded to trial on the impaired driving charge; the in-car video and the booking video were played.

Results

The result was that I argued that the indications of impairment seen on both videos were also commensurate with explanations that were not indicative of impairment.

Get the Best Defence: DV Pledge 

Donna Pledge is a criminal defence lawyer who always does the very best for her clients. If you are charged with any criminal offence, Donna Pledge will go above and beyond for you.

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario. 

donna pledge recent success charged with possesion of stolen property

Recent Success – Charged with Possession of Stolen Property

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Both my clients were charged with possession of property over $5000. As a result of two meetings with the Judge and the Crown attorney, I was able to convince the crown that there was no reasonable prospect of conviction and both charges against both of my clients were withdrawn.

The Scenario

My clients were employed in a retail warehouse that sold appliances and other electronic items. The police arrived at the location and arrested three individuals including my clients. The police alleged that my clients were in possession of 33 stolen large screen televisions. These televisions were placed on Kijiji for sale. The police called the number on the Kijiji ad and were directed to the retail warehouse where my clients were employed. When my clients were arrested, a telephone with the number associated with the Kijiji ad was located.

Our Process

Upon meeting with the Judge and the Crown, I stated that the evidence was insufficient to prove that my clients were aware that these televisions were stolen. As a result, all charges against both my clients were withdrawn.

Get the Best Defence: DV Pledge 

Donna Pledge is a criminal defence lawyer who always does the very best for her clients. If you are charged with any criminal offence, Donna Pledge will go above and beyond for you. 

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario. 

charged with possesion and trafficking donna pledge criminal lawyer toronto

Recent Success – Charged with Trafficking and Possession of Methamphetamines (May 2019)

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My client was charged with Trafficking in Methamphetamines and Possession for the purposes of Trafficking in Methamphetamines. Both charges were discharged.

The Scenario

My client was charged with Trafficking in Methamphetamine and Possession for the purposes of Trafficking in Methamphetamine as a result of surveillance by the police over a period of approximately one month. It was alleged that my client trafficked 82 grams of Methamphetamine, and as a result was arrested along with another individual. Subsequently, the police obtained two search warrants to search two residences, associated with my client.

During the search of one of the residences, several items with my clients name on it were found. Located in the other residence was 81 grams of Methamphetamine in a woman’s size 8 Michael Kors boot. The Crown further tried to establish that because my client and another individual picked up a third individual, who later was found to have 82 grams of Methamphetamine in his possession, and drove around the block and then dropped him back off, that they sold him the drug. As a result, the police arrested my client along with another individual for the charges as described above.

Our Process

At the Preliminary Inquiry, the police were called and provided evidence with respect to the surveillance they had conducted on my client and the items recovered as a result of the search warrants. On that basis, the crown argued that there was enough evidence to proceed to trial. I argued that the evidence was not sufficient to get over the threshold of the Preliminary Inquiry and the court agreed and the charges were discharged.

Get the Best Defence: DV Pledge 

It is important to have a lawyer representing you – who at every opportunity will argue to have the charges thrown out. One need not wait for trial. I, Donna Pledge, am one such lawyer.

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario. 

recent success donna pledge charged with driving under the influence

Recent Success – Charged with Impaired Driving (March 2019)

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My client was charged with Over 80 mgs of Alcohol in 100 mls of Blood and Impaired Driving Care or control. After a trial both charges were dismissed.

The Scenario

My client was located by the police in an individual’s home after the individual had found her sitting in her vehicle outside of his residence. This individual woke up one morning to my client’s vehicle parked outside of his residence and became concerned because my client – who was sitting in the driver seat – appeared to be asleep or passed out. Other passerbys also noticed my client asleep or passed out in her vehicle and stopped to see if she was ok. Then, the owner of the residence my client was parked in front of, came outside and asked her to come into his house.

In the interim, my client had phoned her mother and a work colleague indicating where she was located and told them that she could not drive. Both her work colleague and my client’s mother attended the residence to find my client passed out on the couch. They became concerned because they had difficulty waking her and called EMS. Upon EMS arriving the police also arrived and after speaking with the owner of the residence, my client was arrested for Impaired Driving and Driving with Over 80 mgs of alcohol in 100 mls of blood care or control.

Our Process

My client initially retained other counsel. My client attended my office to seek a second opinion because her then counsel wanted her to plead guilty. It was her then counsel’s opinion that she would not win at trial and in order to seek a more lenient sentence she would have to plead guilty. After speaking with my client it was my opinion that in fact at the point in time when the offence is alleged to have been committed, my client was not in care or control of her motor vehicle and had in fact put into place a plan to ensure that she would not drive. We proceeded to trial and after trial both charges were dismissed for the foregoing reason.

Get the Best Defence: DV Pledge

It is important sometime to seek a second opinion from a lawyer with respect to your case. As in my client’s case a second opinion proved to be not only invaluable but was the deciding factor between my client getting a criminal record and losing her driver’s license and not. I, Donna Pledge, provide second opinions on a regular basis.

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario. 

driving under the influence of alcohol donna pledge criminal lawyer

Recent Success – Charged for Driving Under the Influence of Alcohol (April 2019)

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The Scenario

My client was charged with driving with over 80 mg of alcohol in 100 ml of blood. He was arrested prior to the new drinking and driving laws – which came into effect in December 2018. At trial, as a result of my argument that the new laws applied even though they were not in effect when the client was charged, his charge was dismissed.

My client was stopped by the police for speeding and as a result, the Police Officer suspected that he had consumed alcohol and had him provide a breath sample. He failed the road side breath test, and as a result was arrested and brought to the station to provide a breath sample into an approved breath instrument. He provided the breath samples into the approved breath instrument.

However, the first sample he provided was in excess of two hours after he was stopped by the police. Therefore, the crown had to retain an expert toxicologist to read back his readings to the time the Police Officer had stopped him.

Our Process

The trial was scheduled subsequent to the new drinking and driving laws that came into effect in December 2018. The crown called the arresting officer and a civilian witness to testify. The crown also relied upon the opinion of an expert toxicologist. I argued that the new laws applied to this case, which would mean that the crown would have to establish certain facts about the intoxilyzer used in this case. The crown argued that the new laws were not retrospective and that the old law applied. The judge found that the new laws applied and as a result, the crown failed to prove all the necessary facts in relation to the intoxilyzer used. Therefore, the charge was dismissed.

Get the Best Defence: DV Pledge 

It is important to hire a lawyer who is familiar with the laws pertaining to the charge for which you were arrested. I, Donna Pledge, am one such lawyer that will always be best prepared for any case and to give my clients the best chance of winning.

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario. 

charged for dui donna pledge criminal lawyer

Recent Success – Charged for Impaired Driving and Refusal to Provide a Breath Sample (December 2018)

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The Scenario

My client was arrested for impaired driving and refusal to provide a breath sample. The matter proceeded to trial, and both charges were ultimately dismissed. The charge of refusal to provide a breath sample was dismissed at the request of the Crown because I brought a section 7 charter application which argued that as a result of abuse by the police officer, the charges should be dismissed. The impaired driving charge was dismissed after trial because there was not sufficient evidence to establish beyond a reasonable doubt that my client’s driving was impaired by alcohol.

My client and two friends of his went out to a few bars on the night in question. My client had only consumed a few beers because he was the designated driver. On the way home they decided to attend the local McDonald’s drive-through for some food. One of the employees at McDonalds, believing that my client had been drinking, called the police. Two police vehicles arrived, and my client was asked to exit his vehicle and was arrested for impaired driving. As my client was being escorted to the police vehicle, he questioned why he was being arrested and in so doing one of the police officers became upset. Then, the police officer intentionally or unintentionally hit my client’s head on the side of the police vehicle and as a result – my client blacked out.

My client’s next recollection is when he arrives at his friend’s place the next morning. We come to learn, through disclosure, that in the interim my client refused to provide a breath sample at the police station and was charged with refusing to provide a breath sample.

Our Process

At trial I argued that as a result of the abuse inflicted by the police officer, my client did not have the intention to refuse to provide a breath sample. I also argued that the actions of the police officer in hitting my client’s head against the police vehicle was an abuse of process and as such, both charges should be dismissed. At trial, with respect to the charge of failure to provide a breath sample, the crown decided to invite the Judge to dismiss that charge.

After trial – on the impaired driving charge – I argued that there was not sufficient evidence to establish that my client’s ability to drive was impaired by the consumption of alcohol on that evening and the Judge agreed and subsequently dismissed that charge.

Get the Best Defence: DV Pledge 

It is important when looking for a criminal defence lawyer that you find one that is not afraid to bring arguments that suggest that the police acted inappropriately in the process of arrest or in processing you. Some criminal defence lawyers are fearful of bringing such arguments to the table.

I, Donna Pledge, wholeheartedly believe in providing full answers and defence to all my clients. And if that requires accusing the police of any form of wrongdoing, then that’s what I will do. I am here to ensure my clients’ rights are protected.

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario. 

Recent Success Possession of Marijuana - Donna V Pledge Criminal Lawyer - York Region

Recent Success – Charged with Possession of Marijuana (January 2019)

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My client was charged with Possession for the Purposes of Trafficking Marijuana, involving over 70 pounds of marijuana. The charge was withdrawn as a result of filing several Charter applications to establish that the search warrant executed on my client’s residence and vehicle was unlawful.  

The Scenario 

My client was charged as a result of a police investigation where there was surveillance of my client and two other individuals over a period of a few months. During that surveillance, my client was alleged to have been seen travelling from one address to another and removing bags alleged to contain marijuana. The police obtained a search warrant which was executed on my client’s residence and on his vehicle. As the result of the search, several bags were found in the trunk of my client’s vehicle containing over 70 pounds of marijuana.  

Our Process 

I brought an application to declare the search warrant unlawful and request an order excluding all the marijuana found as a result of that search warrant. During the cross examination of the affiant of the search warrant, it became apparent that there were several inconsistencies, misstatements, and inaccurate facts, in the information contained in the search warrant. The exposure of all these problems contained in the search warrant reflected on all the police witnesses and their evidence. As a result, the crown for the prosecution determined that there was no reasonable prospect of conviction and withdrew the charge.  

Get the Best Defence: DV Pledge 

When reviewing any case one must be cognizant of the fact that although on paper, the crown’s case may appear to be very strong, in practice it is very possible to have it dismissed or withdrawn. Even the strongest cases – when tested through cross examination of the witnesses (including police witnesses), expose significant problems with the crown’s case and as a result it may be dismissed or withdrawn. When choosing a lawyer, it is important to choose one that is willing and able to review the case in more depth than just reading the disclosure provided – as this may be the difference between winning the case and losing.  

Donna Pledge is one such lawyer that can win a losing case.  

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

Donna V. Pledge, Barrister & Solicitor 

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario. 

Refusing to Provide a Breath Sample - Donna V Pledge Toronto Criminal Lawyer

Refusing to Provide a Breath Sample into an Approved Screening Device

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RV T.H.H (May 2018)

The Issue

My client was charged with: Refusing to Provide a Breath Sample into an approved Screening Device. I successfully obtained a finding of not guilty after effectively cross-examining the only Crown witness, the arresting officer. I brought to light that the officer failed to fully explain how to provide a sample. And he failed to check the mouthpiece for any obstructions. As a result, the Judge found that my client was not guilty.

The Offence

Failing or refusing to provide a breath sample into an approved screening device pursuant to S.254(2) (b) of the Criminal Code of Canada, is an offence, whether you verbally refuse to provide a sample, or you fail to provide one by ineffectively blowing into the mouthpiece without a lawful excuse. Upon conviction, a person would face a criminal record. And upon a first conviction, with no extraordinary circumstances such as accident, personal injuries etc …, usually a fine and a period of driving prohibition occur.

Further to the foregoing consequences, a person in Ontario also faces, having to complete the On Track Program and the installation of an interlock device on their vehicle (a device where the driver must provide a sample of their alcohol-free breath at random times, for the vehicle to remain operative). A person’s vehicle insurance will also increase, sometimes to the point of being prohibitive.

The Right Lawyer to Defend Your Case

In this case, my client had initially retained other counsel, who, based on the disclosure provided, advised my client to plea guilty. While in certain cases, it is impossible to give a probability of winning or losing, in some, as in this case, my client had nothing to lose by going to trial and everything to gain. The resolution before trial would have been the same if she lost after trial. There were no incentives to plead guilty. A good Trial lawyer is able to make the distinction between a case that should go to Trial, and one that should not. If you want a good trial lawyer call Donna Pledge. A criminal defense lawyer that has been practicing for over twenty-six years.

Call 416-630-8702 or click here to email

Donna V. Pledge, Barrister & Solicitor

Donna V Pledge, is a highly experienced criminal lawyer in Toronto with over twenty-five years of experience in the area of criminal offences. 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 Pledge represents her clients in courts all over Ontario.