S.A.- Client was charged with Driving with Over 80mgs of alcohol in 100mls of blood. An unreasonable search and seizure application was filed on the basis that the demand that the officer read the client was unlawful, and as a result the crown withdrew the charge in advance of the trial.
If you’ve been charged with driving under the influence please reach out for your free consultation here.
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.
My client was charged with(DUI) Impaired Driving and Driving with Over 80mgs of alcohol in 100mls of blood. The matter proceeded to trial, whereupon I argued that there were insufficient indicia of impairment to prove the Impaired Driving and further argued that the Crown would be unable to prove the Certificate in relation to the Over 80. As a result both charges were dismissed and my client was found not guilty of both charges.
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 is a group of drugs that includes marijuana, hashish and hash oil.
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.
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.
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.
In Ontario, if you commit a crime, you may be let out on bail. Bail is a form of release that allows you to leave jail while you await trial. In addition to setting bail, a judge may place certain conditions on the release. These forms of release are called undertaking and recognizances. These supervisory orders may limit your liberties. In other words, you must follow certain rules like:
One condition that is specified above is the condition of staying out of trouble, or keep the peace. The idea behind the law is to make sure an individual stays out of trouble while out on bail. In Ontario, anyone who is accused of another indictable offense while awaiting trial has also failed to comply with the undertaking and recognizances.
Typically, a surety is responsible for ensuring that you follow the conditions of release, and police may check up on you. For instance, he or she may check to see if you are still in Ontario or that you do not possess any firearms. If the surety or police officer finds that you have violated any of the conditions, he or she may report the failure to the court.
You are not considered automatically guilty of the crime. You must return for a hearing on the matter.
If you don’t follow conditions, it is considered a failure to comply with recognizance. The failure to comply with recognizance charge is separate from any other crime you were originally accused of committing. Per subsection 515(12), 522 (2.1) or 516 (2) there are two consequences of being guilty of failure to comply with recognizances:
In addition, your bail may also be revoked. Thus, you may have to return to jail until the outcome of your trial is resolved. If you are accused of an offense and have any of these restrictions on you, you must comply. If you don’t, it is a failure to comply with recognizances. You will want to speak with an experienced Toronto criminal lawyer about how to resolve this separate charge and avoid potential jail time. Individuals are found guilty of this crime when they do not have a lawful reason for a failure to comply. In some situations, a lawyer may be able to negotiate a way to resolve the failure to ensure you continue to comply with the conditions.
If you are facing a failure to comply with recognizance charge, contact Donna V. Pledge and her team today
According to the Criminal Code of Canada section 343, anyone who commits robbery is guilty and liable of an indictable offence. Robbery refers to stealing an item with use of violence. Violence such as snatch, physical abuse, or use of a firearm is the difference between robbery charges and theft or shoplifting offences.
Section 344 of the Criminal Code of Canada outlines the possible penalties associated with a robbery conviction. For example, a minimum of four years to a maximum of life imprisonment when there was a firearm used in the commission of the offence.
Other circumstances may lead to a range of sentences, including a sentence of life in prison.
Robbery charges vary depending on the facts and circumstances of the case. For instance, your lawyer may choose to attack the intent element of a robbery charge. A client is required to have intent to rob the alleged victim. The following are other possible defences to robbery charges:
The Crown is required to prove that the accused actually was the one who committed the offence. The Crown may use eye witnesses and/ or video surveillance to establish the accused was at the scene of the crime. However, a lawyer will challenge the alleged evidence to prove that it could not, beyond a reasonable doubt, be the defendant.
Articulable cause is needed to stop the accused. In other words, the police must have reasonable suspicion that an individual committed a crime such as robbery to detain him or her. A mere hunch based on an officer’s intuition is not articulable cause. Thus, a lawyer may use this defense if their client was detained without cause and prior to the alleged stolen items being found.
Again, the police must have articulable cause to search the accused and/or his belongings. It is against Canadian law to allow police to look through a person’s belongings without having reason to believe, based on facts, that he or she committed robbery. If police do not have reasonable cause and search and/or take items, it is illegal. Any alleged evidence may not be introduced into trail if a Toronto criminal lawyer can prove that it was taken illegally.
An accused has the right to a lawyer without delay when arrested for robbery. The individual must also be told of this right. Any time police do not explain this right to an accused, it is a violation of law.
The Charter allows a person accused of a crime such as robbery to obtain from the Crown information that would affect his or her defence. This includes surveillance video and witness statements.
A robbery offence is serious. If you or a loved one is charged with this offence, contact Toronto criminal lawyer Donna V. Pledge. You deserve the best defense possible, and Donna V. Pledge has a long track record in successfully defending clients accused of offences such as robbery. To schedule a free consultation, contact Donna’s Criminal Toronto office.
According to the Criminal Code, uttering death threats or making threats of bodily harm to any person is a criminal offence. Threatening to burn or otherwise damage personal property or making threats against any animals owned by a person is also punishable under this law. Uttering death threats and writing death threats either in printed form or online are also illegal. Penalties depend on whether the defendant is prosecuted by a summary conviction or indictment at trial. In order to convict an individual of uttering death threats, the Crown has to prove that the defendant committed the action knowingly with the intent to convey harm to another individual.
Penalties for uttering death threats in Ontario depend on the prosecution. Most death threat cases are prosecuted by summary conviction, which requires a trial before the Ontario provincial court. The maximum penalty for a summary conviction is six months in prison. If the prosecution decides to pursue an indictment, the defendant has the right to either settle a plea bargain or go to trial by jury. The maximum penalty for a defendant in a trial by jury is five years in prison. The prosecution often decides between these two options based on a few things. Including the defendant’s criminal record, the personal history between the defendant and the victim of the death threats, and the overall severity of the threats themselves.
The prosecution must prove that the threats were made knowingly and with the intent to intimidate the victim. The prosecution must show that the defendant was fully aware of what his or her words were meant to convey. It must be proven that the defendant intended their words to be taken seriously.
The Crown is not required to prove that the defendant was capable or willing to act on his or her threats against the victim. This is a common misconception. To be convicted, the defendant only has to be proven to have made the threats with the intent of intimidation, not actual harm. The intended recipient could also have never even gotten the threats for the defendant to be convicted. The defendant can therefore be charged even if he or she did not intend for the recipient of the threats to see them.
For the words used by the defendant to be considered a threat by the court, the court must determine if the words themselves should be considered a threat by a reasonable person, in the context of the situation between the defendant and the victim. How the words were interpreted by the victim is part of this assessment. The law is intended to sanction against threats intended to intimidate another person. The victim claiming that he or she perceived otherwise innocuous words to be a death threat is not enough. The words used in the threat must be perceived by the victim as a threat, and the prosecution has to establish that the words used were not innocently made or made in jest. This can be a complicated law to enforce, so defendants should seek expert legal advice when faced with this serious accusation.
In order for a person to be convicted of uttering death threats, the victim need not know if the threat was made; only that the exact words used were established in court as intended to intimidate the victim. Whether or not the threat could have been carried out is irrelevant. As is the motive for making the threats in the first place. If you have been accused of uttering death threats, contact Donna V. Pledge for the best legal advice.
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.
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.
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.
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.
