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.
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 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.
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.
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.
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.
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.
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 is a group of drugs that includes marijuana, hashish and hash oil.
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.
Have you been charged with shoplifting? Now you realize that it was a stupid thing to do, but you got carried away and thought you could get away with it. You probably forgot about the CCTV cameras and the vigilant employees. Now that you have been caught and charged, the important thing is to understand that you may face criminal charges because shoplifting is a crime in Canada punishable by fine or imprisonment or both if you are found guilty.
Every year, about 50,000 people are charged with shoplifting in Canada and about half of them are people with no previous criminal records. Did the store’s security take your name and address when you were caught? They forward that to their lawyer who then writes a demand or civil recovery letter. You shouldn’t be cowed by the letter as it is a tactic often used by stores to intimidate you into paying a sum of money to the store, often more than what you have taken. If that happens, call your lawyer immediately.
Two interesting things about shoplifting is that (1) you can be charged if you are accompanying a friend who has been caught shoplifting and (2) you can be charged even if you haven’t walked out of the store. The first is simply a case of being in the wrong place at the wrong time with the wrong person. You will be charged as an accomplice even if there is not enough evidence. The second is owing to the wording in Section 322(2) of the Criminal Code defines “The time a theft occurs” as the time a person “moves anything or causes it to move or to be moved or begins to cause it to become movable” with intent to steal that thing.
Shoplifting has a social stigma and your name will be tainted forever if you are found guilty. Once you have been caught shoplifting and slapped with criminal charges, there is no point in denying or crying foul. You should hire a criminal defense lawyer without delay and have him or her to negotiate a withdrawal settlement. If that fails, then the lawyer will try to get you acquitted or have your sentence reduced. Donna V. Pledge is a reputed Toronto criminal defense lawyer who has over two decades of experience in successfully representing clients charged with shoplifting.
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.
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:
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.
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.
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.
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.
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.
In 2018 Canadian adults will legally be able to possess, grow and purchase limited amounts of marijuana. Specifically, Canadian adults will be legally able to possess 30 grams or less of dried marijuana, or it’s equivalent. What that means is that an adult will be able to have that amount on their person but will not be able to use it in any public place, motor vehicle or work place. However you will be able to use, smoke or alter the marijuana at home. One will also be able to transfer the marijuana to another adult, but it will be a serious criminal offence to transfer it to a young person. An adult will be able to grow a maximum of 4 marijuana plants at any given time, but must keep the height of the plants to 1 meter or less. The marijuana plants can be legally grown either inside or outside your personal residence.
In Ontario the LCBO will be overseeing the retailing aspect. However, the stores, for the sales of cannabis products, will be stand alone stores. An adult will be able to purchase fresh or dried cannabis, cannabis oil and plants and seeds for cultivation. You will also be able to purchase cannabis, fresh, dried or oil, and plants and seeds online from a federally licensed producer.
It will be a crime to possess, grow and sell illegal marijuana, that is to say marijuana that is not produced by a federally licensed producer. Further it will still be illegal to import or export marijuana. As well there will be new marijuana related offences targeting those persons who distribute or sell marijuana to young persons. If you are charged with any offence you should seek experienced criminal defence counsel, Donna Pledge, Barrister & Solicitor, email: donnav.pledge@bellnet.ca, tel: 416-630-8702.
The Canadian government is also proposing new legislation(Bill C-226) making the testing and prosecution of impaired driving by drugs easier. Perhaps these government proposals are as a result of the impending legalization of marijuana. The government may have concerns that once marijuana is legal, that that will result in increased incidents of impaired driving by drugs. This proposed legislation involves providing an oral body fluid sample at the side of the road, if a police officer suspects a driver has a drug in their body. This would be similar to the roadside screening device presently used at the roadside to detect alcohol. If the roadside device confirms that a driver has a drug in their system, the police officer will then have a choice of either pursuing a drug recognition evaluation or a blood sample.
These options would save valuable time when testing for drugs, such as THC, which leaves the body very quickly. Just as with alcohol there would be proposed legal limits of THC. Given the impending legalization of marijuana, one has to be very careful making the decision as to whether or not drive after using marijuana. In fact it would be prudent to follow the same motto related to drinking and driving of “DON’T DRINK AND DRIVE”, and “DON’T DO DRUGS AND DRIVE”.
However if you ever find yourself charged with either drinking and driving or impaired by drugs you should hire an experienced criminal defence lawyer, Donna Pledge, Barrister & Solicitor, email: donnav.pledge@bellnet.ca, tel: 416-630-8702.
