Tag Archive for: Donna V. Pledge Criminal Lawyer

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. 

Refusing to Provide a Breath Sample - Donna V Pledge Toronto Criminal Lawyer

Refusing to Provide a Breath Sample into an Approved Screening Device

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RV T.H.H (May 2018)

The Issue

My client was charged with: Refusing to Provide a Breath Sample into an approved Screening Device. I successfully obtained a finding of not guilty after effectively cross-examining the only Crown witness, the arresting officer. I brought to light that the officer failed to fully explain how to provide a sample. And he failed to check the mouthpiece for any obstructions. As a result, the Judge found that my client was not guilty.

The Offence

Failing or refusing to provide a breath sample into an approved screening device pursuant to S.254(2) (b) of the Criminal Code of Canada, is an offence, whether you verbally refuse to provide a sample, or you fail to provide one by ineffectively blowing into the mouthpiece without a lawful excuse. Upon conviction, a person would face a criminal record. And upon a first conviction, with no extraordinary circumstances such as accident, personal injuries etc …, usually a fine and a period of driving prohibition occur.

Further to the foregoing consequences, a person in Ontario also faces, having to complete the On Track Program and the installation of an interlock device on their vehicle (a device where the driver must provide a sample of their alcohol-free breath at random times, for the vehicle to remain operative). A person’s vehicle insurance will also increase, sometimes to the point of being prohibitive.

The Right Lawyer to Defend Your Case

In this case, my client had initially retained other counsel, who, based on the disclosure provided, advised my client to plea guilty. While in certain cases, it is impossible to give a probability of winning or losing, in some, as in this case, my client had nothing to lose by going to trial and everything to gain. The resolution before trial would have been the same if she lost after trial. There were no incentives to plead guilty. A good Trial lawyer is able to make the distinction between a case that should go to Trial, and one that should not. If you want a good trial lawyer call Donna Pledge. A criminal defense lawyer that has been practicing for over twenty-six years.

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. 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.

Driving Under the Influence of Marijuana

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What is known as driving under the influence is referred to as either impaired driving or blowing over 80. According to Canadian law, a driving under the influence offence can occur in one of two ways. One way is for a person’s blood alcohol concentration, the amount of alcohol in one’s body being at or over 0.08 percent. The other way is impaired driving which does not depend on the amount of alcohol in a person’s system. This is how someone can be charged with driving under the influence of marijuana.

Difference between DUI involving Alcohol and DUI Marijuana

Canada treats both types of DUI the same. However, they are different in the way police investigate DUIs involving drunk driving. The police can use the breath test to determine the amount of alcohol in a person’s system. However, a breath test cannot determine marijuana consumption.  As such, the police have to conduct a DUI marijuana suspicion differently.  

Police Look for Signs of Driving under the Influence of Marijuana

After a traffic stop, police look for signs of impairment that signal that a person was driving under the influence of marijuana. These signs include:

  • Driving too slowly
  • Driving erratically
  • Slurred speech
  • Blood shot eyes
  • Glassy eyes
  • Impaired cognitive function
  • Impaired motor skills
  • The smell of marijuana in your vehicle

In addition to looking for the above marijuana impairment signs, the Criminal Code of Canada addresses how police can investigate possible marijuana DUIs. Section 254(2) (a) gives police permission to demand that a driver suspected of marijuana impairment complete a Standardized Field Sobriety Test, or SFST.  The test includes a physical conditioning test, which allows an officer to look for the signs of impairment.

Care or Control

According to the Criminal Code of Canada, a person can be charged with driving under the influence of marijuana even though their vehicle is not in motion. To be in care and control of the vehicle means that an individual was sitting in the driver’s seat at the time the police noticed him or her. For instance, you may have been stopped on a street and stopped by police. You could be arrested for driving under the influence of marijuana. It is presumed that you intended to drive.

Possible Defences to Driving under the Influence of Marijuana

Defending a marijuana DUI offence requires a different approach than an offence involving alcohol. First, a lawyer must determine why the police stopped your vehicle. Once this is established, the next step is to build a defence around how the marijuana was detected in your body. Typically the police will use a urine or blood sample to find out the THC concentration in your system. There are always flaws in the way the police determine the amount of marijuana in your system, so this is one possible avenue for your lawyer to explore.

If you or a loved one was charged with the offence of driving under the influence of marijuana, you have legal options. To understand all the available defences you can use, talk to a criminal lawyer in Ontarioabout your marijuana DUI.

What is Considered Assault Causing Bodily Harm?

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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.

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.

Have You Been Arrested or Detained? You Have a Right to Counsel

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Understanding the Right to Counsel

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.

The Importance of the Right to Counsel

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.

Contact Us

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.

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.