Tag Archive for: Dismiss Assault Charges Toronto

possession, gun charges, lawyer

Recent Success: Facing Multiple Possession Charges

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Allegations

My clients were charged with Possession of a Substance, that being Marijuana, for the purpose of Trafficking. They were also charged with:

  • Possession of a Firearm
  • Point a Firearm
  • Possession of a Restricted Weapon
  • Possession of Weapons Dangerous

All charges against both of my clients were withdrawn as a result of my efforts to successfully convince the Crown that they were unable to prove any of the foregoing charges.

Arrests

My clients were arrested as a result of a radio call made to the police. The call advised them that one of my clients had pointed a handgun at them. The police immediately attended my clients’ residence, where they resided with three other members of their family. Upon entering and searching the residence, the police seized a firearm and an amount of marijuana.

Trial Proceedings & Results

Upon review of the case and the disclosure, it became evident to me that the Crown would not be able to establish that in fact either of my clients had either knowledge or control of the firearm or marijuana.

After having met with the Judge and the Crown on several judicial pretrials, the Crown withdrew all charges.

Above all, it is important regardless of the seriousness of the charges, that the lawyer you hire takes the initiative to review your case and determine if it a matter that can possibly be withdrawn without the necessity of a trial. Donna Pledge has been practicing in the area of criminal defence cases for over 29 years. She will ensure that if your case can be withdrawn without a trial, it will be.

Get the Best Defence: DV Pledge

Donna Pledge is a criminal defence lawyer who always does the very best for her clients. Donna Pledge goes above and beyond for you if you have criminal offence charges.

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.

 

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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. 

Criminal Lawyer Toronto DV Pledge Recent Successes

R. v. A.A.- Sexual Assault X 2, Gangrape and Administering a Stupifying Substance X 2

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My client was charged with 2 counts of Sexual Assault, Gangrape and 2 counts of Administering a Stupifying Substance. After the preliminary inquiry I was able to convince the Judge to discharge my client on one of the Sexual Assault counts and one of the Administering a Stupifying Substance counts because there was insufficient evidence to go to trial. Prior to the trial on the rest of the matters I made an application to have all of the charges stayed because it took too long to go to trial, an application to stay the charges pursuant to s. 11(b) of the Charter of Rights. On the first day of trial the complainant was late and an application to have the remaining charges withdrawn was granted.

Criminal Lawyer Toronto DV Pledge Recent Successes

A.B.- Charged With Assault.

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A.B.- Client was charged with Assault. The matter proceeded to trial, wherein the charge was dismissed after successful cross examination of the complainant.

If you’ve been charged with assault please reach out for your free consultation here.

Criminal Lawyer Toronto DV Pledge Recent Successes

Z.Z.- Charged with Two Counts of Assault and One Count of Assault With a Weapon

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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.

Criminal Lawyer Toronto DV Pledge Recent Successes

A.L.- Charged with Sexual Assault

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A.L.- Client was charged with sexual assault. The matter was withdrawn on the day of trial because the crown was convinced that the complainant’s testimony did not make any sense.

If you’ve been charged with sexual assault please reach out for your free consultation here.