Tag Archive for: Charged with possession of a substance

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All charges against both of my clients were withdrawn as a result of my efforts to successfully convince the Crown that they were unable to prove any of the foregoing charges.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that the lawyer you hire takes the initiative to review your case and determine if it a matter that can possibly be withdrawn without the necessity of a trial.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 She will ensure that if your case can be withdrawn without a trial, it will be.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

 

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.

 

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. 

Criminal Lawyer Toronto DV Pledge Recent Successes

R v A.J – Charged with Possession of a Substance, Possession for the Purpose of Trafficking & Possession of a Prohibited Weapon

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My client was charged with Possession of a Substance(Marijuana), Possession for the Purpose of Trafficking(Marijuana) and Possession of a Prohibited Weapon(flip knife). As a result of discussions with the crown I was able to convince them that the search of my client and his vehicle by the police was not done properly(Unreasonable search and seizure, section 8 of the Charter of Rights and Freedom), and as a result the crown withdrew all the charges.