Tag Archive for: Law Office Toronto

arrested for marijuana

Recent Success: Charged for Trafficking and Possession of Marijuana

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Allegations

My client was charged with Trafficking Marijuana and Possession for the Purpose of Trafficking in Marijuana. Both charges were dismissed at trial.

My client was arrested as a result of a search warrant that was executed at their residence. The police seized a large quantity of dried marijuana. The search warrant was obtained as a result of surveillance by the police of several individuals including my client over a 2-month period.

Trial Proceedings and Results

At trial, I brought several charter applications including an application to have the search warrant quashed. As a result, the matter was thrown out during the foregoing application. Some of the dynamic that went into winning this trial involved cross examining the officer who wrote up the search warrant on inconsistent statements. These statements were made to and from other officers and the Crown.

The lawyer you choose to represent you has to be able to cross examine the officers with respect to the statements they made to the assigned Crown, even if that may be placing the Crown in a precarious position. Donna Pledge has done such cross-examinations many times and is willing to do it again.

Get the Best Defence: DV Pledge

Donna Pledge is a criminal defence lawyer who always does the very best for her clients. If you are charged with any criminal offence, Donna Pledge will go above and beyond for you.

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.

 

donna pledge recent success charged with possesion of stolen property

Recent Success – Charged with Possession of Stolen Property

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Both my clients were charged with possession of property over $5000. As a result of two meetings with the Judge and the Crown attorney, I was able to convince the crown that there was no reasonable prospect of conviction and both charges against both of my clients were withdrawn.

The Scenario

My clients were employed in a retail warehouse that sold appliances and other electronic items. The police arrived at the location and arrested three individuals including my clients. The police alleged that my clients were in possession of 33 stolen large screen televisions. These televisions were placed on Kijiji for sale. The police called the number on the Kijiji ad and were directed to the retail warehouse where my clients were employed. When my clients were arrested, a telephone with the number associated with the Kijiji ad was located.

Our Process

Upon meeting with the Judge and the Crown, I stated that the evidence was insufficient to prove that my clients were aware that these televisions were stolen. As a result, all charges against both my clients were withdrawn.

Get the Best Defence: DV Pledge 

Donna Pledge is a criminal defence lawyer who always does the very best for her clients. If you are charged with any criminal offence, Donna Pledge will go above and beyond for you. 

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. 

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 donna pledge charged with driving under the influence

Recent Success – Charged with Impaired Driving (March 2019)

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My client was charged with Over 80 mgs of Alcohol in 100 mls of Blood and Impaired Driving Care or control. After a trial both charges were dismissed.

The Scenario

My client was located by the police in an individual’s home after the individual had found her sitting in her vehicle outside of his residence. This individual woke up one morning to my client’s vehicle parked outside of his residence and became concerned because my client – who was sitting in the driver seat – appeared to be asleep or passed out. Other passerbys also noticed my client asleep or passed out in her vehicle and stopped to see if she was ok. Then, the owner of the residence my client was parked in front of, came outside and asked her to come into his house.

In the interim, my client had phoned her mother and a work colleague indicating where she was located and told them that she could not drive. Both her work colleague and my client’s mother attended the residence to find my client passed out on the couch. They became concerned because they had difficulty waking her and called EMS. Upon EMS arriving the police also arrived and after speaking with the owner of the residence, my client was arrested for Impaired Driving and Driving with Over 80 mgs of alcohol in 100 mls of blood care or control.

Our Process

My client initially retained other counsel. My client attended my office to seek a second opinion because her then counsel wanted her to plead guilty. It was her then counsel’s opinion that she would not win at trial and in order to seek a more lenient sentence she would have to plead guilty. After speaking with my client it was my opinion that in fact at the point in time when the offence is alleged to have been committed, my client was not in care or control of her motor vehicle and had in fact put into place a plan to ensure that she would not drive. We proceeded to trial and after trial both charges were dismissed for the foregoing reason.

Get the Best Defence: DV Pledge

It is important sometime to seek a second opinion from a lawyer with respect to your case. As in my client’s case a second opinion proved to be not only invaluable but was the deciding factor between my client getting a criminal record and losing her driver’s license and not. I, Donna Pledge, provide second opinions on a regular basis.

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. 

charged for dui donna pledge criminal lawyer

Recent Success – Charged for Impaired Driving and Refusal to Provide a Breath Sample (December 2018)

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The Scenario

My client was arrested for impaired driving and refusal to provide a breath sample. The matter proceeded to trial, and both charges were ultimately dismissed. The charge of refusal to provide a breath sample was dismissed at the request of the Crown because I brought a section 7 charter application which argued that as a result of abuse by the police officer, the charges should be dismissed. The impaired driving charge was dismissed after trial because there was not sufficient evidence to establish beyond a reasonable doubt that my client’s driving was impaired by alcohol.

My client and two friends of his went out to a few bars on the night in question. My client had only consumed a few beers because he was the designated driver. On the way home they decided to attend the local McDonald’s drive-through for some food. One of the employees at McDonalds, believing that my client had been drinking, called the police. Two police vehicles arrived, and my client was asked to exit his vehicle and was arrested for impaired driving. As my client was being escorted to the police vehicle, he questioned why he was being arrested and in so doing one of the police officers became upset. Then, the police officer intentionally or unintentionally hit my client’s head on the side of the police vehicle and as a result – my client blacked out.

My client’s next recollection is when he arrives at his friend’s place the next morning. We come to learn, through disclosure, that in the interim my client refused to provide a breath sample at the police station and was charged with refusing to provide a breath sample.

Our Process

At trial I argued that as a result of the abuse inflicted by the police officer, my client did not have the intention to refuse to provide a breath sample. I also argued that the actions of the police officer in hitting my client’s head against the police vehicle was an abuse of process and as such, both charges should be dismissed. At trial, with respect to the charge of failure to provide a breath sample, the crown decided to invite the Judge to dismiss that charge.

After trial – on the impaired driving charge – I argued that there was not sufficient evidence to establish that my client’s ability to drive was impaired by the consumption of alcohol on that evening and the Judge agreed and subsequently dismissed that charge.

Get the Best Defence: DV Pledge 

It is important when looking for a criminal defence lawyer that you find one that is not afraid to bring arguments that suggest that the police acted inappropriately in the process of arrest or in processing you. Some criminal defence lawyers are fearful of bringing such arguments to the table.

I, Donna Pledge, wholeheartedly believe in providing full answers and defence to all my clients. And if that requires accusing the police of any form of wrongdoing, then that’s what I will do. I am here to ensure my clients’ rights are protected.

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. 

Charged with Sexual Assault - Criminal Defence Lawyer Toronto Donna V. Pledge

R v K.S.- Charged with Sexual Assault and Exposing Himself for a Sexual Purpose to a 15 Year Old Girl

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Charged with Sexual Assault - Criminal Defence Lawyer Toronto Donna V. Pledge

Found Not Guilty

My client was charged with sexual assault and exposing himself for a sexual purpose to a 15-year-old girl and plead not guilty. The matter went to trial over a 4-day period. After hearing evidence from 3 witnesses for the crown and 2 witnesses for the defence, including my client, my client was found not guilty of both charges.

The Facts

My client was travelling to work one morning on the Subway. The subway car he was travelling on was very busy and it was standing room only. My client suffers from severe skin allergies that affect at times his whole body. On this day his allergies flared up in the area of his private parts. As a result, my client wore shorts and no underwear because his penis was swollen and inflamed. During the course of travelling on the subway car, my client was scratching his private parts over his clothes. A woman seated on the same subway car alleged that my client not only exposed his penis to a young school girl but also rubbed his erect penis on her skirt. As a result, upon exiting the subway car, my client was arrested.

The Trial

My client maintained his innocence throughout, and as a result the matter was scheduled for a trial. Ultimately there were 4 days of trial over a period of approximately 6 months. The matter from arrest to verdict took over 20 months. The stress and anxiety that my client experienced during this period was extreme. As well, his family, experienced tremendous amounts of stress and anxiety and financial pressures.

At trial the Judge found, as a result of my successful cross examination, among other facts, that the witness on the subway car, who alleged that my client not only exposed his penis but also rubbed his exposed erect penis on the young girl, was hyper-vigilant as a result of an incident that occurred years before when a naked man approached her. This may have led the witness to leap to a reasonable but inaccurate conclusion. Therefore, it may not have been unreasonable that the witness may have observed my client scratching his crotch and manipulating his shorts such that his penis was visible, but absent any sexual intent. Effective and excellent cross examination skills on my behalf led to my client being found not guilty.

Why Is It Important to Hire a Criminal Defence Lawyer?

Being charged with sexual assault and exposing oneself for a sexual purpose are very serious charges. Both of these charges carry a minimum jail sentence if the person is found guilty. Therefore, it is very important to hire a highly experienced criminal defence lawyer, in circumstances such as the foregoing example, to ensure a finding of not guilty.

If you have any questions about being charged with sexual assault and/or exposing oneself for a sexual purpose, please contact Donna Pledge today. She will ensure that you are represented to the fullest.

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.

What Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do When First Accused or Charged with Sexual Assault?

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What Should You Do When First Accused or Charged with Sexual Assault?

What Should You Do First:

If you are either charged with sexual assault or accused of sexual assault, the first thing you should do is contact a criminal defence lawyer in Toronto or the GTA who has the necessary experience to ensure a successful outcome.

It is important to hire a criminal defense lawyer who is experienced with sexual assault charges as soon as you are aware that you are being charged or accused of sexual assault.

Why Is It Important to Immediately Hire a Criminal Defense Lawyer?

It is important to hire a criminal defense lawyer immediately if you are charged or accused of sexual assault because they will make sure are protected. The criminal defense lawyer will ensure that you are not charged at all if possible. If you are charged, that all your rights are protected. But most importantly that you are released immediately after you are charged.

The criminal defense lawyer will make sure the police do not ask you questions. That is very important because any answers or statements you give to the police will be used against you. The experienced criminal defense lawyer will ensure you do not spend any more time than necessary in the police station.

The Potential Negative Effects of Being Charged or Accused of Sexual Assault

There are several potential negative effects of being either charged or accused of sexual assault. Your employment may be affected, depending on the type and your position.

For example, if you are a massage therapist and you have been charged with sexual assault on one of your patients. You can expect that a condition of your bail will most likely be that you are not allowed to perform any massages in your capacity as a massage therapist until the outcome of your sexual assault charge has been dealt with in the court. Even if you are only accused of sexual assault in the above case and not charged, your employer may decide to suspend you until the sexual assault complaint is dealt with or even dismiss you all together.

Your marital or spousal relationship may be affected. Your reputation with your peers is likely to be affected. It is difficult enough dealing with the effects of the charge or accusation of sexual assault whether alone or with the support of family and friends. You don’t have to deal with the legal aspects of being charged or accused of sexual assault. Hire an experienced criminal defense lawyer to help you.

Sexual Assault and Sexual Harassment Complaints in the Media

We are seeing real life examples of how being accused of sexual assault or harassment can affect the life of the person. In the last few months there have been several sexual assault and sexual harassment complaints against politicians, MPs, television personalities and other individuals in the public eye. These complaints have resulted in these individuals stepping down from their positions and ultimately having a real negative impact on their lives. Other law makers including the Prime Minister have taken positions that perpetuate the effects of these complaints without any due process.

Our judicial system is built on the presumption of innocence. Any erosion of this principle will ultimately negatively impact our society as a whole not just the individuals being accused of these sexual assaults. It is imperative that we as a society remember that if an individual is accused of a criminal act, such as sexual assault, that we have a moral and legal obligation to investigate before coming to the determination of whether the complaint is true or not. Or in the context of a charge before determining if the person is guilty or not.

If you have questions about being charged or accused of sexual assault, please contact Donna Pledge today.  She will ensure that that our moral and legal obligations are upheld

Call 416-630-8702 or click here to email.

Donna V. Pledge.

Donna V. Pledge is a highly experienced criminal lawyer in Toronto with over twenty years of experience in the area of criminal offence. 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 represents her clients in courts all over Ontario.

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.