Tag Archive for: Charged with Assault

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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All charges against both of my clients were withdrawn as a result of my efforts to successfully convince the Crown that they were unable to prove any of the foregoing charges.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that the lawyer you hire takes the initiative to review your case and determine if it a matter that can possibly be withdrawn without the necessity of a trial.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 She will ensure that if your case can be withdrawn without a trial, it will be.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.

 

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. 

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. 

Charged with Sexual Assault - Criminal Defence Lawyer Toronto Donna V. Pledge

R v K.S.- Charged with Sexual Assault and Exposing Himself for a Sexual Purpose to a 15 Year Old Girl

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Charged with Sexual Assault - Criminal Defence Lawyer Toronto Donna V. Pledge

Found Not Guilty

My client was charged with sexual assault and exposing himself for a sexual purpose to a 15-year-old girl and plead not guilty. The matter went to trial over a 4-day period. After hearing evidence from 3 witnesses for the crown and 2 witnesses for the defence, including my client, my client was found not guilty of both charges.

The Facts

My client was travelling to work one morning on the Subway. The subway car he was travelling on was very busy and it was standing room only. My client suffers from severe skin allergies that affect at times his whole body. On this day his allergies flared up in the area of his private parts. As a result, my client wore shorts and no underwear because his penis was swollen and inflamed. During the course of travelling on the subway car, my client was scratching his private parts over his clothes. A woman seated on the same subway car alleged that my client not only exposed his penis to a young school girl but also rubbed his erect penis on her skirt. As a result, upon exiting the subway car, my client was arrested.

The Trial

My client maintained his innocence throughout, and as a result the matter was scheduled for a trial. Ultimately there were 4 days of trial over a period of approximately 6 months. The matter from arrest to verdict took over 20 months. The stress and anxiety that my client experienced during this period was extreme. As well, his family, experienced tremendous amounts of stress and anxiety and financial pressures.

At trial the Judge found, as a result of my successful cross examination, among other facts, that the witness on the subway car, who alleged that my client not only exposed his penis but also rubbed his exposed erect penis on the young girl, was hyper-vigilant as a result of an incident that occurred years before when a naked man approached her. This may have led the witness to leap to a reasonable but inaccurate conclusion. Therefore, it may not have been unreasonable that the witness may have observed my client scratching his crotch and manipulating his shorts such that his penis was visible, but absent any sexual intent. Effective and excellent cross examination skills on my behalf led to my client being found not guilty.

Why Is It Important to Hire a Criminal Defence Lawyer?

Being charged with sexual assault and exposing oneself for a sexual purpose are very serious charges. Both of these charges carry a minimum jail sentence if the person is found guilty. Therefore, it is very important to hire a highly experienced criminal defence lawyer, in circumstances such as the foregoing example, to ensure a finding of not guilty.

If you have any questions about being charged with sexual assault and/or exposing oneself for a sexual purpose, please contact Donna Pledge today. She will ensure that you are represented to the fullest.

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.

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.

Criminal Lawyer Toronto DV Pledge Recent Successes

R. v. A.A.- Sexual Assault X 2, Gangrape and Administering a Stupifying Substance X 2

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My client was charged with 2 counts of Sexual Assault, Gangrape and 2 counts of Administering a Stupifying Substance. After the preliminary inquiry I was able to convince the Judge to discharge my client on one of the Sexual Assault counts and one of the Administering a Stupifying Substance counts because there was insufficient evidence to go to trial. Prior to the trial on the rest of the matters I made an application to have all of the charges stayed because it took too long to go to trial, an application to stay the charges pursuant to s. 11(b) of the Charter of Rights. On the first day of trial the complainant was late and an application to have the remaining charges withdrawn was granted.

Criminal Lawyer Toronto DV Pledge Recent Successes

A.B.- Charged With Assault.

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A.B.- Client was charged with Assault. The matter proceeded to trial, wherein the charge was dismissed after successful cross examination of the complainant.

If you’ve been charged with assault please reach out for your free consultation here.

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.

Criminal Lawyer Toronto DV Pledge Recent Successes

Z.Z.- Charged with Two Counts of Assault and One Count of Assault With a Weapon

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Z.Z.- My client was charged with one count of Assault with a weapon and two counts of assault. The matter proceeded to trial. All charges were dismissed after trial because the complainant was determined to be incredible after cross examination of her.

If you’ve been charged with impaired driving please reach out for your free consultation here.