Tag Archive for: Criminal Defense Lawyer Toronto

Possession for the Purpose of Trafficking in Canada

/in /by

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

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

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

Penalties for Possession for the Purpose of Trafficking in Canada

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

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

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

Penalties for Trafficking

Trafficking under Ontario law is defined as to:

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

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

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

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

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

Criminal Lawyer Toronto DV Pledge Recent Successes

R. v. M.T.Y.- Fraud Under and Uttering Forged Documents

/in /by

My client was charged with Fraud Under and Uttering Forged Documents. The charges involved a serious insurance fraud. I had several meetings with the assigned crown and was able to convince them that the evidence they had as against my client was not enough to go to trial, as a result the crown withdrew all the charges.

WHY YOU SHOULD NOT TALK TO THE POLICE

/in /by

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

This Is Your Right

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

It Will NOT Hurt You to Not Talk to the Police

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

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

Criminal Lawyer Toronto DV Pledge Recent Successes

R v G.U. – Charged with Possession of Child Pornography & Trafficking in Child Pornography

/in /by

My client was charged with Possession of Child Pornography and Trafficking in Child Pornography. I reviewed the file with the crown and was able to convince them that they did not have a reasonable prospect of conviction, that they did not have enough evidence to proceed to trial and as a result both charges were withdrawn, and he was found not guilty of both charges.

Criminal Lawyer Toronto DV Pledge Recent Successes

R v S.V.T – Charged with Dangerous Driving Causing Bodily Harm

/in /by

My client was charged with Dangerous Driving Causing Bodily Harm, Assault, Fait to Comply, Aggravated Assault and Obstruct Justice. The matter proceeded to trial and after trial all charges were dismissed and my client was found not guilty.

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

/in /by

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.

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

/in /by

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

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

Cannabis:

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

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

LSD, Amphetamines, Hallucinogens:

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

Cocaine, Crack and Heroin:

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

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

 

Will I Face Criminal Charges for Shoplifting?

/in /by

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

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

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

Penalties for Shoplifting:

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

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

What is Considered Assault Causing Bodily Harm?

/in /by

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.

Legalization of Marijuana in Canada, Cannabis Act, Bill C-45

/in /by

What will be legal?

In 2018 Canadian adults will legally be able to possess, grow and purchase limited amounts of marijuana. Specifically, Canadian adults will be legally able to possess 30 grams or less of dried marijuana, or it’s equivalent. What that means is that an adult will be able to have that amount on their person but will not be able to use it in any public place, motor vehicle or work place. However you will be able to use, smoke or alter the marijuana at home. One will also be able to transfer the marijuana to another adult, but it will be a serious criminal offence to transfer it to a young person. An adult will be able to grow a maximum of 4 marijuana plants at any given time, but must keep the height of the plants to 1 meter or less. The marijuana plants can be legally grown either inside or outside your personal residence.

Where will you be able to purchase the marijuana? 

In Ontario the LCBO will be overseeing the retailing aspect. However, the stores, for the sales of cannabis products, will be stand alone stores. An adult will be able to purchase fresh or dried cannabis, cannabis oil and plants and seeds for cultivation. You will also be able to purchase cannabis, fresh, dried or oil, and plants and seeds online from a federally licensed producer.

Will there be any marijuana related offences left after the legalization? 

It will be a crime to possess, grow and sell illegal marijuana, that is to say marijuana that is not produced by a federally licensed producer. Further it will still be illegal to import or export marijuana. As well there will be new marijuana related offences targeting those persons who distribute or sell marijuana to young persons. If you are charged with any offence you should seek experienced criminal defence counsel, Donna Pledge, Barrister & Solicitor, email: donnav.pledge@bellnet.ca, tel: 416-630-8702.

Proposed new legislation for impaired by drugs?

The Canadian government is also proposing new legislation(Bill C-226) making the testing and prosecution of impaired driving by drugs easier. Perhaps these government proposals are as a result of the impending legalization of marijuana. The government may have concerns that once marijuana is legal, that that will result in increased incidents of impaired driving by drugs. This proposed legislation involves providing an oral body fluid sample at the side of the road, if a police officer suspects a driver has a drug in their body. This would be similar to the roadside screening device presently used at the roadside to detect alcohol. If the roadside device confirms that a driver has a drug in their system, the police officer will then have a choice of either pursuing a drug recognition evaluation or a blood sample.

These options would save valuable time when testing  for drugs, such as THC, which leaves the body very quickly. Just as with alcohol there would be proposed legal limits of THC. Given the impending legalization of marijuana, one has to be very careful making the decision as to whether or not drive after using marijuana. In fact it would be prudent to follow the same motto related to drinking and driving of “DON’T DRINK AND DRIVE”, and “DON’T DO DRUGS AND DRIVE”.

However if you ever find yourself charged with either drinking and driving or impaired by drugs you should hire an experienced criminal defence lawyer, Donna Pledge, Barrister & Solicitor, email: donnav.pledge@bellnet.ca, tel: 416-630-8702.