Tag Archive for: Criminal Defence Lawyer Toronto

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. 

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.

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.

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.

What Is Diversion?

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An alternative to prosecution for criminal cases, diversion programs are offered by courthouses across Ontario. If the Crown decides that it is unnecessary to take your case to trial, you may be eligible for one of many programs. However, to determine whether this could be a valid and suitable option for you, you first need to understand what a diversion is.

What Is Diversion?

There is no easy answer as to “what is diversion?”, as programs vary considerably in every courthouse and for every offense. One thing all programs do have in common is that they involve completing an activity outside of a court order to enable the Crown to withdraw charges.

Programs range from the very formal, such as the Mental Health Diversion and Extra Judicial Sanctions in the Youth Court, to quite informal, such as making a donation to charity or partaking in a few hours of community service as a way to counterbalance the harm you caused.

Eligibility for Diversion

Most minor offenses are typically eligible for diversion. Such examples include shoplifting an inexpensive item, minor fraud (failing to pay a transit fee, for instance), causing a disturbance, minor property damage, or the possession of a small quantity of marijuana for personal use.

In addition, you will usually only be eligible for diversion if you lack a criminal record. Even dealings with the police that led to no charges may limit your eligibility for diversion. However, all cases are decided on an individual basis. This means it is not always possible to know in advance if you will be offered a diversion.

Only the Crown is authorized to determine whether a case is eligible for diversion, not a judge or justice of peace. Similarly, you must satisfy the Crown in order to complete your diversion. The Crown may pre-approve your diversion, in which case this will be indicated in your disclosure. If you are not pre-approved, your lawyer may request a resolution meeting with the Crown to discuss this possibility.

Completing Diversion

Normally, completing a diversion will mean you do not gain a criminal record. This is the main reason people choose this option over going to trial. However, you should consult with your lawyer beforehand to determine how completing a diversion may affect you in the future.

You can change your mind about completing a diversion at any time and instead have a trial on your charges. It is important to remember that although everyone has a right to trial within a reasonable timeframe, if you do begin a diversion, you are responsible for the delay to your trial and cannot argue that the court violated this right.

If you are charged with an offense, a criminal lawyer may be able to help you receive diversion. Even in the case that you are pre-approved for diversion, it is necessary that you speak to a lawyer before deciding on the right course of action for you. Contact Donna V. Pledge for more information about diversion and legal advice with your case.

Have You Been Arrested or Detained? You Have a Right to Counsel

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Understanding the Right to Counsel

Although it is not as famous as some of the other rights listed in said document, the right to counsel is nonetheless enshrined in Section 10 of the Canadian Charter of Rights and Freedoms. Since this document is part of the Constitution of Canada, it is as applicable in the province of Ontario as the rest of Canada.

The existence of this particular right has two important implications. First, it means that you have the right to contact a lawyer for legal advice about your situation without delay in the event of either your arrest or your detention. Second, it means that you have the right to be informed about your right to contact a lawyer for legal advice.

The Importance of the Right to Counsel

First and foremost, the right to counsel is important because it is one of the cornerstones of the right to a fair trial. After all, the law is complicated, meaning that a lack of knowledge can create all sorts of hurdles and other serious complications for people who come into contact with the legal system. For most people, this is a problem that can be remedied with an expert’s understanding of both the law and the legal system, which is easiest to find in skilled and experienced Toronto criminal lawyers such as Donna V. Pledge.

In fact, the right to contact a lawyer for legal advice is seen as being so crucial that you will be provided with a lawyer by Legal Aid Canada if you cannot afford the cost on your own. That’s something that speaks volumes about its importance to the legal system.

In more practical terms, you should contact a lawyer for legal advice if you are ever either arrested or detained for the simple reason that it leads to a better outcome for you. Not only will a lawyer be able to explain your situation to you, but he or she will also be able to provide counsel on the best methods with which to defend yourself against the charges brought against you. For example, if the police are asking you questions, having the assistance of a skilled and experienced lawyer will be invaluable; because what you say can be used to prosecute you.

Contact Us

To learn more about how a skilled and experienced lawyer can help if you are ever either arrested or detained, please contact us as soon as possible.