Tag Archive for: Criminal Lawyer Toronto

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 Therefore the Over 80 charge was withdrawn.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. 

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. 

Charged with Impaired Driving Toronto

Recent Successes – Charged with Impaired Driving: R. v. J.B.L. (February 2018)

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Charged with Impaired Driving TorontoCharged with Impaired Driving and Driving with Over 80 mgs of Alcohol in 100 mgs of Blood

My client was charged with Impaired Driving and Driving with Over 80 mgs of Alcohol in 100 mgs of Blood. Both charges were dismissed after trial.

On the evening that my client was charged he had done everything right. He went to a friend’s uncle’s residence to get together with his nephew who was visiting from away. My client consumed a quantity of alcohol, to the extent that he did not want to drive home. As a result my client’s friend, the nephew, drove him home, and his uncle followed in another vehicle. The intention was that the uncle was going to follow to pick up the nephew after my client was dropped off with his vehicle.

An Unfortunate Misunderstanding

Unfortunately, on the way home the nephew ended up causing an accident. As circumstances had it my client exited his vehicle, from the passenger side first and approached the other driver and apologized. My client’s actions, including providing his Driver License, Insurance and Registration gave the impression to the other driver that in fact my client was driving, which he was not. However, as a result and ultimately against my client’s protestations that he was not driving, my client was arrested for the charges of Impaired Driving charged and Driving with Over 80 mgs of Alcohol in 100 mgs of Blood.

Our Process

When my client came to me the first thing we did was ensure we had the necessary witnesses, the nephew and uncle, for Trial. We had both of them provide written statements that they signed and we filed in my client’s file. Next, we checked for any video coverage from the neighbouring buildings. We were fortunate enough to obtain video coverage of the accident, however because of the distance we were unable to identify who exited from the driver’s side and passenger side of my client’s vehicle after the accident. Therefore, the video coverage was inconclusive as to whether or not my client was the driver.

Therefore, it was essential that I be able to raise  reasonable doubt by cross examining the witness/driver that my client’s nephew hit, in order to establish that he could have been mistaken as to who the driver of my client’s vehicle was. I was able to establish through cross examination of the other driver that in fact circumstances could have caused him to mistakenly identify my client as the driver.

Get the Best Defence: DV Pledge

As such, although it is very important to do everything you can including gathering witnesses and evidence to support your case, it is most important that you hire experienced defence counsel to represent you. Donna Pledge, Barrister and Solicitor, is an experienced criminal defence counsel that could ultimately make the difference between winning and loosing your 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. Z.J.- Possession of Property Obtained by Crime

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My client was charged with possession of property obtained by crime. The allegations are that my client was in possession of a TV stand that was obtained with a fraudulent credit card. After having several meetings with the assigned crown I was able to convince the crown that although the item was found in my client’s apartment, they were unable to prove that my client knew it was obtained with a fraudulent credit card. The charge was withdrawn.

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.