Costa Law Firm provides unparalleled expertise in the field of criminal defense litigation. Members of the Group have brought their own unique expertise along with a significant amount of trial experience.
As each member contributes his or her own unique skills to the Practice Group, our success has grown significantly through the free exchange of ideas and experiences. The Practice Group has enjoyed success at many levels of the court system including the Ontario Court of Justice, Ontario Superior Court of Justice and the Ontario Court of Appeal.
We possess extensive experience to argue Charter and Interlocutory motions. Members of our firm have helped shape Charter law and its interpretation. Complex issues such as search and seizures and warrants have been successfully argued at the highest courts.
With criminal defense and Charter litigation growing more complex, you can count on our team to be up to date and ready for your answer and defense.
Criminal law is the body of law that helps regulate social conduct and addresses the fit punishment for threatening and harmful behaviour, which endangers the health, safety and moral welfare of human beings. The two main elements of this body of law involve the actus reus – or the prohibited act, and mens rea or guilty mind, also referred to as the intent to do a prohibited act. Some crimes, such as modern regulatory offences, require no more than a prohibited act and they are known as strict liability offences. Criminal offences may proceed summarily, by indictment or either / or, in the case of hybrid offences. The consequences for an accused and the mode of trial depend upon the designation type of the offence. This is why an experienced criminal law lawyer is needed to help defend your interests accordingly. It is also important to note that there is no capital punishment in Canada.
These charges will affect many areas of your life, such as the future of your relationship with your partner or spouse; your living arrangements and employment prospects as the matter goes forward; child access and support; personal assets; and commitment to counselling upon resolution. Given the seriousness of these issues and their delicate nature, it is important to address them effectively as soon as possible through sound legal advice and expertise.
Assault charges can take many forms with allegations ranging from assault of children to friends or strangers. The circumstances of the offence may involve a case of harassment, an instance of uttering death threats or causing bodily harm, and situations where the other party is physically hurt or maimed. Although not as personal as domestic assaults, they may have a serious impact upon an accused, where weapons are involved or the charges are aggravated.
The most serious drug offences include: production; possession for the purpose of trafficking; importing and exporting; and possession for the purpose of exporting drugs listed in Schedule I (i.e. heroin, cocaine, and methamphetamine), and in Schedule II (i.e. marijuana). If charged with any of these offences, it is important that you consult with an experienced criminal defence lawyer, especially given the newly introduced mandatory minimum penalties in the Safe Streets and Communities Act when aggravating factors are present.
While these two charges are often laid together, legally, they mean different things. Impaired driving means that your ability to operate a motor vehicle was impaired by alcohol (or a drug, or a combination of both). If you do not have a high tolerance, you may drive poorly even though your blood alcohol level is not above the legal limit. A blood alcohol concentration of 80mg/100ml of blood and above would get you charged with Over 80mg as well. Similarly, you may be charged with Impaired based on consumption of drugs (prescription or not).
Some of the most common Highway Traffic Act offences in Ontario are those in relation to speeding, turn violations, stop sign violations, careless driving, and disobeying road signs. These charges can not only impact your car insurance premiums through the demerit point system, but also affect your driving record and your means of transportation to and from your place of employment, school or other locations.