Tag Archive for: DV Pledge Lawyer 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All charges against both of my clients were withdrawn as a result of my efforts to successfully convince the Crown that they were unable to prove any of the foregoing charges.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that the lawyer you hire takes the initiative to review your case and determine if it a matter that can possibly be withdrawn without the necessity of a trial.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 She will ensure that if your case can be withdrawn without a trial, it will be.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.

 

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. 

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.

Criminal Lawyer Toronto DV Pledge Recent Successes

R. v. Z.Y.- Fraud Over and Theft Over

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My client was charged with Fraud Over and Theft Over. The allegations were that my client leased a vehicle and stopped making payments, however he kept the vehicle. Following several meetings with the assigned crown in this matter, I was able to convince the crown that this was a civil matter and not a criminal matter. Therefore I was able to convince the crown that they did not have any reasonable prospects of conviction and they withdrew the charges.

Criminal Lawyer Toronto DV Pledge Recent Successes

R. v. M.T.Y.- Fraud Under and Uttering Forged Documents

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My client was charged with Fraud Under and Uttering Forged Documents. The charges involved a serious insurance fraud. I had several meetings with the assigned crown and was able to convince them that the evidence they had as against my client was not enough to go to trial, as a result the crown withdrew all the charges.

WHY YOU SHOULD NOT TALK TO THE POLICE

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Let me tell you one of the most important statement to remember if you are arrested and/or being investigated by the police “Do not say anything other than your name, address, telephone number and date of birth TO THE POLICE”.

This Is Your Right

This is of course your right. When you are arrested or investigated by the police you have the right to remain silent and not answer their questions. Not only is it your right, it is the best advise you could ever get. It has been my experience that providing a statement to the police, or just answering a few questions, does not benefit you in the least. In fact more often than not any statement or answers to any questions you provide end up being used against you, regardless of whether it was not meant that way. I have also found in my many years of practice that if the police attempt to get a statement or ask you questions, they are doing so because they do not have enough to arrest you, and therefore are looking for you to give them what they need. I have had many cases where the only evidence against my client was his/her statement and had he/she never provided a statement he/she would never have been arrested.

It Will NOT Hurt You to Not Talk to the Police

If you are ultimately charged, the court cannot draw a negative inference from you not answering the police questions or not giving the police a statement. In other words it will not hurt you not to talk to the police, it can only hurt you to talk to the police. Therefore there is no downside to not providing answers or a statements to the police.

If you are contacted by the police to “come in and answer some questions “, it is likely in relation to potential charges. Therefore the second best advise I can give you is to contact an experience lawyer such as myself, Donna Pledge, a Toronto Criminal lawyer at donnav.pledge@bellnet.ca or 416-630-8702, to first speak with the police on your behalf. The lawyer will ascertain the true reason for you attending the police station as the police’s request. Contacting an experienced lawyer can ultimately stop you from being charged in the first place or at least ensure that you do not provide a statement to the police that can be used against you. Ultimately this could make the difference between you being charged in the first place and being found guilty in the second place. Donna Pledge, a Criminal Lawyer, donnav.pledge@bellnet.ca or 416-630-8702.

Criminal Lawyer Toronto DV Pledge Recent Successes

R v G.U. – Charged with Possession of Child Pornography & Trafficking in Child Pornography

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My client was charged with Possession of Child Pornography and Trafficking in Child Pornography. I reviewed the file with the crown and was able to convince them that they did not have a reasonable prospect of conviction, that they did not have enough evidence to proceed to trial and as a result both charges were withdrawn, and he was found not guilty of both charges.

Criminal Lawyer Toronto DV Pledge Recent Successes

R v S.V.T – Charged with Dangerous Driving Causing Bodily Harm

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My client was charged with Dangerous Driving Causing Bodily Harm, Assault, Fait to Comply, Aggravated Assault and Obstruct Justice. The matter proceeded to trial and after trial all charges were dismissed and my client was found not guilty.

Criminal Lawyer Toronto DV Pledge Recent Successes

R v A.J – Charged with Possession of a Substance, Possession for the Purpose of Trafficking & Possession of a Prohibited Weapon

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My client was charged with Possession of a Substance(Marijuana), Possession for the Purpose of Trafficking(Marijuana) and Possession of a Prohibited Weapon(flip knife). As a result of discussions with the crown I was able to convince them that the search of my client and his vehicle by the police was not done properly(Unreasonable search and seizure, section 8 of the Charter of Rights and Freedom), and as a result the crown withdrew all the charges.

What You Need to Know if You Are Charged With Possession of Illegal Drugs

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Possessing and producing illegal drugs, whether for the purpose of consumption, trafficking, importing or exporting, is a criminal offense in Canada. If you are found to be in possession of illegal drugs, you may be punished with fines, a jail sentence and a criminal record.

The most commonly used illegal drugs in Canada are amphetamines, cannabis, cocaine and crack. Other illegal drugs in circulation are heroin, LSD, mescaline, psilocybin, barbiturates and anabolic steroids. The penalties for possessing these drugs under the Controlled Drugs and Substance Act are as follows:

Cannabis:

Cannabis is a group of drugs that includes marijuana, hashish and hash oil.

  • The maximum penalty for an indictable offence is imprisonment for up to 5 years.
  • For an offence punishable on summary conviction, there is a fine of up to $1000 and/or a prison term not exceeding 6 months. For subsequent offences, the punishment can be a fine up to $2000 and/or imprisonment of 1 year.

LSD, Amphetamines, Hallucinogens:

  • Less serious charges are tried by summary conviction and the maximum penalty for first offence is a fine of up to $1000 or a prison sentence of up to six month or both. For subsequent offences, the penalty is a fine of up to $2000 and/or a prison sentence of up to one year.
  • More serious charges are tried by indictment and the maximum penalty is a prison sentence of up to three years.

Cocaine, Crack and Heroin:

  • A first offence is punishable by summary conviction and the maximum penalty is a fine of up to $1000 and/or a prison sentence of 6 months. A subsequent offence may involve a fine up to $2000 and/or a maximum imprisonment term of 1 year.
  • More serious charges are tried by indictment and the maximum penalty is imprisonment for up to seven years.

If you are charged with possession of illegal drugs, then you should contact a criminal defense lawyer immediately. Without a lawyer, you have very little chances of success when it comes to cases of drug possession. If you are looking for an experienced lawyer then contact Donna V. Pledge. She is a highly regarded Toronto criminal defense lawyer with over two decades of experience in defending clients charged with illegal drug possession.