Tag Archive for: DV 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. 

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. 

Defending Your Robbery Charges

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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.

Defending Against Robbery Charges

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:

Identification

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.

The Detained Defense

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.

Unreasonable Seizure or Search

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.

Denied Right to Counsel

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.

Right to Make a Full Answer

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.

Uttering Death Threats

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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.

Possible Penalties

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.

What the Crown has to Prove

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.

Trust Your Best Defence

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.

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.

Criminal Lawyer Toronto DV Pledge Recent Successes

W.Y.W.- Charged with Driving Under the Influence.

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W.Y.W.- My client was charged with Driving with Over 80mgs of alcohol in 100mls of blood. On the day of trial the crown requested an adjournment on the basis that one of their police witnesses was not available. The adjournment application was opposed. The Judge denied the adjournment and as a result the crown withdrew the charge.

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

Z.W.C.- Charged with Impaired Driving, Driving Under the Influence, and Refusal to Provide a Breath Sample.

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Z.W.C.- Client was charged with Impaired Driving, Driving with Over 80mgs of alcohol in 100mls of blood and Refuse to Provide a Breath Sample. Several charter applications were filed and as a result the crown withdrew the Driving with Over 80mgs of alcohol in 100mls of blood and Refuse to Provide Breath Sample charges. The Impaired Driving charge proceeded to trial, wherein the charge was dismissed after the Judge was convinced that there was a reasonable doubt as to whether or not my client was Impaired.

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

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.