Tag Archive for: Donna V. Pledge 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. 

Recent Success Possession of Marijuana - Donna V Pledge Criminal Lawyer - York Region

Recent Success – Charged with Possession of Marijuana (January 2019)

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My client was charged with Possession for the Purposes of Trafficking Marijuana, involving over 70 pounds of marijuana. The charge was withdrawn as a result of filing several Charter applications to establish that the search warrant executed on my client’s residence and vehicle was unlawful.  

The Scenario 

My client was charged as a result of a police investigation where there was surveillance of my client and two other individuals over a period of a few months. During that surveillance, my client was alleged to have been seen travelling from one address to another and removing bags alleged to contain marijuana. The police obtained a search warrant which was executed on my client’s residence and on his vehicle. As the result of the search, several bags were found in the trunk of my client’s vehicle containing over 70 pounds of marijuana.  

Our Process 

I brought an application to declare the search warrant unlawful and request an order excluding all the marijuana found as a result of that search warrant. During the cross examination of the affiant of the search warrant, it became apparent that there were several inconsistencies, misstatements, and inaccurate facts, in the information contained in the search warrant. The exposure of all these problems contained in the search warrant reflected on all the police witnesses and their evidence. As a result, the crown for the prosecution determined that there was no reasonable prospect of conviction and withdrew the charge.  

Get the Best Defence: DV Pledge 

When reviewing any case one must be cognizant of the fact that although on paper, the crown’s case may appear to be very strong, in practice it is very possible to have it dismissed or withdrawn. Even the strongest cases – when tested through cross examination of the witnesses (including police witnesses), expose significant problems with the crown’s case and as a result it may be dismissed or withdrawn. When choosing a lawyer, it is important to choose one that is willing and able to review the case in more depth than just reading the disclosure provided – as this may be the difference between winning the case and losing.  

Donna Pledge is one such lawyer that can win a losing 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. 

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.

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.

Possession for the Purpose of Trafficking in Canada

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In Canada, possession for the purpose of Trafficking is governed under the Controlled Drugs and Substances Act. A conviction of possession for the purpose of trafficking Canada typically involves one of three elements:

  • You have the drug on your person.
  • You knowingly have the drug in possession or custody of another individual.
  • It could also be in any place that is owned or occupied by you.

The last element involves more than one person. Two or more people may possess the drug, but may not be in physical possession. Another person may be physical possession of the drug.

Penalties for Possession for the Purpose of Trafficking in Canada

The specific penalties associated with possession for the purpose of trafficking Canada depends on the drug involved. Each drug falls into a category according to the serious effect of the drug. For instance, Schedule I drugs are considered hard drugs. They include addictive drugs such as morphine, oxycodone, cocaine and heroin. Other drug schedules are as follows:

  • Schedule II includes drugs like Cannabis and synthetic preparations.
  • Schedule III includes methamphetamine and LSD.
  • Schedule IV consists of popular pharmaceuticals like diazepam, anabolic steroids and benzodiazepine.
  • Schedule V consists of Propylhexedrine.
  • Schedule VI is separated into three parts and includes the base drugs used to make more lethal drugs like cocaine.

Your possible jail or prison sentence depends which schedule the drug you are found to be in possession of falls into. However, the minimum sentence where applicable, starts at six months in jail. For example, the penalties for possession in for Schedule I drugs can range from six months in jail to seven years in prison.

Penalties for Trafficking

Trafficking under Ontario law is defined as to:

  • Administer.
  • Sell.
  • Transfer.
  • Send.
  • Deliver the drug.
  • Sell an authorization to obtain the drug.
  • Transport.
  • Offer to do any of the above.

No money is required to change hands when it comes to the trafficking portion of the law. Penalties include a maximum limit. Sentences are based on the drug classified in the Schedules above. For instance, you may receive up to 25 years in prison for a trafficking conviction of Schedule I and/or II drug.

A trafficking conviction for a Schedule III drug is anywhere from 18 months in jail to 10 years in prison. You may spend one year in jail to three years in prison for a Schedule IV trafficking conviction.

An Ontario Lawyer Can Help You Fight the Possession for the Purpose of Trafficking Charge

The key to a successful outcome in this type of criminal case is to have a highly knowledgeable criminal defence lawyer on your side. To learn more about how a lawyer will help you fight and resolve a drug trafficking and/ or possession charge, contact us today.