Impaired Driving and Over 80 Mg.

Protecting your reputation and your ability to operate a Motor vehicle are but two of the issues in cases involving Alcohol and or Drugs and driving. A first offence carries with it a substantial fine at a minimum and a licence prohibition and suspension for a period of one year. There is a limited ability to get back behind the wheel earlier than one year and there is virtually no discretion given to the prosecutors to make exceptions. There are additional consequences to a conviction that cannot be overlooked: your insurance consequences will skyrocket for 5 years and you will still have to continue paying for your car even if you are not using it.
This is an area of the law where experience really counts. In order to win you must beat both the impaired and the over 80 charges and it is important that your file be carefully examined to make a reasoned decision and gather the case law to make a great defence.  This is an area where technical defences and the Charter can make a huge difference in whether you are convicted or acquitted. As a highly experienced advocate I offer my clients my skills and talents to obtain the best possible outcome. Contact me today to discuss your file.

FRAUD

Most simply defined Fraud is the putting at risk of deprivation of something of value by less than straight forward and honest means. The cases can be as simple as passing a bad cheque to deceiving a Business Partner or a Bank about the true state of affairs that puts them at Financial Risk. Fraud cases are often long drawn out matters, that can be quite complex. I have been involved in many of these cases and it takes very careful planning and hard work to set up a successful defence. Experience counts and you will see that when you retain my services.

murder aND MANSLAUGHTER

Perhaps the most serious of all Criminal Code offences Murder carries with it a life sentence. What that means is that the convicted person is on parole for the rest of their life even when they are in the community. Murder is divided into First Degree and Seconde Degree and then there is the lesser Charge of Manslaughter. To be found guilty for Murder the Crown must prove that you intentionally killed the victim and that you did this in a plannned and deliberate fashion. If convicted the sentence is Life in Prison with no possibility of parole for 25 years. There is a possibility of an exception but it is rarely granted. Second degree murder is an intentional killing and carries with it a sentence of life in prison with no parole for between 10 and 25 years.
Manslaughter is the killing of another that does not require the Crown to prove intent to kill the killing however must be unlawful and can be accomplished through Criminal Negligence, or by engaging in conduct that is prohibited such as a consensual fight that escalated to the infliction of bodily harm, the blow that caused the death was unlawful and the fact that it started out as a consensual fight is not a defence.
 Representation is key in these cases and it CANNOT  be stressed strongly enough that you or your loved one needs experienced counsel.

HELP FOR THE SELF REPRESENTED ACCUSED

As any lawyer would tell representing yourself at a Criminal Trial is not optimal. But then again being unable to find or going broke to mount a full defence is not either. As as a way to help those stuck in this circumstance I offer the following service:
I am prepared to review up to 100 pages of disclosure as long as it is all of it( bigger files can be negotiated). I will give you a written opinion on the merits of the case against you.i will outline the issues that disclosure raises and ultimately I will give you a strategy to defend yourself or to negotiate a better deal. The consultation may include telephone calls to deal with the issues as needed.
My much reduced fee for this service is $1000 plus HST which is due at the time the disclosure is sent payable to me in trust.
Sometimes it may be necessary to prepare and file a Charter motion: that is not included but I am working on creating a pool of competent counsel to offer that service as well

DRUG OFFENCES

All drug charges are not the same. It will depend on the type of drug, whether you are selling it or only consuming it and whether you brought into Canada from Abroad. Drug case outcomes are most often determined by the application of the Canadian Charter of Rights and Freedoms and the conduct of the police at the time of search, and whether they had a search  warrant or not.  Unlike our American Neighbours we do not have suppression hearings with almost automatic exclusions, it takes skill to create the right picture of the police conduct to make an exclusion of the evidence happen. Drug cases can be very serious with even first offenders getting jail sentences for selling small amount of drugs. A good defence is always well prepared and well reasoned with careful questioning to obtain the desired result and that takes experience. Please contact me so that we can discuss the facts of your particular case, because every case  is different and there is no one route to a successful defence.

YOUTH CHARGES

Young Persons under 18 are not charged with Criminal Offences under the Criminal Code. They are charged under the Young Offenders legislation which contains numerous very significant protections for the Youth including special provisions dealing with Statements , diversion of charges and length of record. Often parents make the mistake of believing that their child's record will disappear at 18 and that is generally the case however there are circumstances where their record will follow them into their Adult years with all the difficulties that can cause. It is very wise for a parent to consult with a lawyer before making the decision to make their child take responsibility and plead guilty.

ASSAULT

The mere threat of the use of imminent force is in law an assault. The law does not require a physical touch. Similarly a failing to obtain consent prior to a touching also constitutes an assault. While most of the cases seen in the courts deal with dust ups or pushes or slaps or kicks it is important to know the law because in some circumstances a person may be able to legally use force to stop the imminent threat. The law is not a simple black and white decision and it is important to know what its limits are which is why it is wise to consult counsel.

REGULATORY OFFENCES AND DISCIPLINE PROCEEDINGS

Perhaps underrated by many the fines levied against individuals and corporations very often are significantly higher than in Criminal Proceedings and the consequences can spell the end of a corporation or a career. Having a seasoned veteran of the courts is one way to insure that your best Defence is put forward and if that is not possible that the consequences are minimized.
      This is even more important in the context of discipline proceedings. While they are administrative the consequences can be life altering. Protect your future and get experience on your side!

CUSTOMS & ExCISE

This is an area of the law that I have extensive experience in. From a smuggled kilo of pot, to a 20 million dollar cigarette smuggling operation to an individual who doesn't declare the diamond ring they bought their spouse. The failure to declare goods and move them into Canada is a crime and there is a multi layered Government response. This can range from both the Federal and Provincial governments laying charges to ability to assess civil penalties and forfeitures as well as prosecute the matter criminally. To say you need an experienced lawyer in this area is no understatement as the fines can be astronomical and the complex methods of proceeding are very hard for a lay person to follow. I have represented some of the largest smugglers in Canadian history and I bring a wealth of knowledge to the table on your behalf.

Breaches of court order

The Court has the power to make orders that must be complied with failing which a new charge of Breach will be laid. There are probation orders that must be followed and they usually contain reporting clauses and a clause to keep the peace. These are the most frequent causes for breaches of Probation. There are also Conditional Sentence Orders which is commonly referred to as House Arrest which is given as an alternative to Real Jail, A breach of any of its terms triggers a whole set of procedures to verify the breach and can result a change form House arrest to Real Jail. There are processes to require persons to attend Court and a failure to do so can result in an arrest warrant, if the person was to be in court for a charge a new  charge of Failing to Appear can also be laid There are requirements to attend for fingerprints and if those are not complied with a charge of failing to attend for Prints can and usually will be laid.
I cannot stress too strongly that Court Orders are not something to trifle with and I highly recommend that you obtain advice before creating more problems by ignoring them.

Anti-Corruption of Foreign Officials

In an effort to make the International movement of goods a level playing field most Western Countries have instituted Anti corruption Statutes. In Canada we are governed by the Corruption of the Foreign Public Officials Act and the provisions of the Bribery Laws. In many countries around the world bribery is common and this creates a very dangerous situation for both companies and individuals who participate in this activity in order to get the deal done. I spent several Years working on Military contracts with Ukraine and my role was to negotiate the contract and to keep the company out of harm's way. I ultimately did negotiate a very large contract but picked up the skills necessary to avoid the corruption side of the transaction through strong proactive measures. As a Criminal Lawyer who is used to a court room one of the main differences is that I always crafted my responses as i would see them being played out in court rather than a boilerplate civil lawyer type of response. If you are operating in many countries it is very wise to have counsel that knows the issues and the methods and can stop the issues before they erupt. The worst thing an individual or company can do is bow to the pressure of this is how it is done here. I would be pleased to discuss your situation with you.