Tag Archive for: Criminal Lawyer York Region

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.

 

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. 

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.

Z.P.L.- Charged with Possession of Instruments Used in the Making of Fraudulent Credit Cards and Fraudulent use of Credit Card Data.

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Z.P.L.- Client was charged with Possession of Instruments Used in the Making of Fraudulent Credit Cards and Fraudulent use of Credit Card Data. The matter proceeded to trial, and after successful cross examination of the police witnesses the charges were dismissed.

If you’ve been charged with credit card fraud related charges please reach out for your free consultation here.