Top Criminal Lawyer Newmarket

Bail Hearing & Bail Reviews

If you or a loved one has been denied bail, don’t be discouraged. The law requires individuals who have been denied bail to remain in custody. However, the accused can seek a bail review to have the decision revoked. During the bail review, the accused must show that the circumstances of the case have changed or that the judge made an error in law. It can be complex to prove that the circumstances of the case have changed materially and that the judge would give a different decision based on this. Proving this requires extensive experience in bail hearings and reviews. If the bail hearing judge made a mistake in law then the issue of granting bail may be considered. The accused can be granted bail and released on conditions. However, you must understand that even if bail is granted, the Crown can still seek a bail review for the accused to be kept in detention. Get a skilled lawyer who will vigorously protect your rights during this process.

Break & Enter

One may be accused of a ‘break and enter’ offence if found to have entered into a place (a commercial or residential premise) with the intent to commit an indictable offence. If accused of breaking and entering, one faces a maximum sentence of 10 years or life imprisonment. Break and enter charges also relate to situations where the individual did not use any force to enter the said premise. One can be charged for ‘breaking and entering’ even in situations where he/she walked through an open door. The accused may or may not have had the intention of committing theft after gaining access to the property. However, even if the accused did not steal any property, he/she may be charged for another offence in the criminal code because of illegally entering the premise. Break and enter is a serious criminal offence and it’s important to have an experienced and skilled lawyer to help you avoid the severe penalties you may face.

Extradition

An extradition is an act where one jurisdiction, or country, hands over a person accused or convicted of committing a crime to another jurisdiction’s law enforcement. For an extradition to occur, the two countries or jurisdictions must have a pre-existing agreement. A person can only be extradited in Canada if they are convicted or accused of an offence that is considered a criminal offence in Canada. Canada does not accept extradition requests from persons facing the death penalty in the requesting jurisdiction. However, the accused can apply for bail from the Superior Court of Justice upon arrest and while the extradition is pending. A bail hearing is made where the judge determines if the accused is likely to commit further crimes or flee to another country prior to the extradition hearing. It’s imperative to seek proper legal counsel if you face.

Domestic Assault Lawyer

Having a domestic assault charge on your record can turn your world upside down. There are strict domestic violence laws that make it difficult for such charges to be dropped. You need an experienced criminal lawyer by your side to vigorously defend your rights. This criminal process can tear apart families and destroy relationships. The accused can be released on bail and given strict conditions that prevent any communication with the complainant. Due to the sensitive nature of these cases, many courthouses have set aside specialized courtrooms to deal with domestic assault cases where the accused and complainant are intimate partners. One can be charged with domestic assault even if the accused and complainant are not married. These offences also apply to individuals who are dating, living together or common law partners. If you or someone you care about is facing a domestic assault allegation, contact our criminal lawyers immediately for help.

Highway Traffic Act Offences

Are you often quick to pay for a speeding ticket even if you feel like you haven’t committed a traffic offence? Before you rush to pay for a speeding ticket, understand the implications. For a start, when you send the payment for a ticket, you are immediately admitting guilt. Secondly, you could be parting away with money for an offence you did not commit. When charged with a speeding offence over 15 km/hr you will receive demerit points in your driving record. These demerit points will stay on your record for two years from the date of the offence. If they exceed a certain number, you risk losing your driver’s license. Highway traffic offences can have serious consequences. For instance, if caught driving with an expired or suspended license, you risk paying hefty fines or even jail time. Contact our criminal defense lawyer if you face a Highway Traffic Act charge that could damage your driving record.

Fraud

According to Section 380 of the Criminal Code, any individual that’s found guilty of fraud over $5,000 faces up to 14 years in prison. The Canadian Criminal Justice System takes fraud cases very seriously especially since they have become very common with the growing commerce and banking online. Fraud charges can involve lengthy and time-consuming court proceedings that impact on one’s day to day life. The crown may not only go for the architect of the fraudulent scheme, but even a person who assisted in any way can also be charged and convicted. The charge can put the accused’s job in jeopardy as many institutions have policies against employing people with a fraud conviction. It is important to find a qualified criminal lawyer from the onset to deal with these allegations. If you or a loved one has been accused of fraud, speak to our persistent, experienced and passionate criminal defence lawyers today.

Pardons

A person who pleads guilty or is found guilty of a criminal offence under the Criminal Code of Canada will receive a criminal record. This criminal record is a police record that follows the individual until the age of 80 or 100. Since today’s employers are running criminal checks prior to hiring, a criminal record can have a negative impact on one’s job prospects. However, an individual with a criminal record can seek a pardon, also known as a ‘record suspension’ after a set period of time to have the record suspended or removed. This is done by applying to the Parole Board of Canada which has the right to cancel, refuse or revoke the pardon. One must meet a certain criterion in order to submit an application to the Parole Board. For instance, one must have completed all prison sentences, paid all fines and restitution orders in full. Contact a criminal lawyer to help you understand if you qualify for a pardon and the steps to take to submit an application for a record suspension.

Impaired Driving (DUI)

There are different types of DUI offences that one can be arrested and charged with. One can be charged with operating a vehicle while impaired (by drugs or alcohol) or failing/refusing to provide a breath sample. Individuals convicted of a DUI offence face hefty fines, driving prohibition, jail time and license suspension among other consequences. Your vehicle can be impounded for a period of 7 days when you’re charged with a DUI offence. If an accident took place or children where in the vehicle, the DUI charge will be even more severe. DUI offences are complex and you need sound legal advice from a criminal defense lawyer who has successfully represented clients charged with similar offences. DUI arrests and charges are time-sensitive cases and you need to seek legal assistance immediately. Call our criminal lawyer to conduct a full assessment on a case by case basis and help you fight the DUI allegations.

Weapons Offences

In Canada, you may be charged with a criminal offence for carrying a concealed weapon (an object that is used to cause injury, threaten or intimidate another person) in a public place or for a dangerous purpose. When found in unauthorized possession of a restricted/prohibited weapon, you face serious criminal charges. However, our lawyers have years of experience defending weapons offences. If the weapon was found as a result of an illegal search or detention, then the weapon charges may be dismissed. Our lawyers have also had weapons charges dismissed because the client had a lawful reason for possessing the object (e.g for self-defense or for work). If you or a loved one is facing possible conviction after a weapons offence charge, it is important to know your rights. Our criminal lawyers have a successful track record representing individuals facing weapons offences in Ontario.

Sexual Assault

One of the most grievous charges one can face in the Canadian criminal justice system is sexual assault. When convicted, a sexual offence charge may follow you for the rest of your life. The system has set aside rules that ensure anyone who comes out with a sexual assault allegation is adequately protected. For instance, the law doesn’t allow the complainant’s sexual history to be introduced in the case as part of evidence until a special hearing is made before the judge. The judge must also grant special permission for the defense to access the complainant’s medical or police records and present them as evidence.

To successfully defend an individual who has been accused of a sexual assault, proper understanding of the law is imperative. A good defense lawyer will make strategic and tactical decisions and develop solid arguments for the case. Get our experienced criminal lawyer to help you navigate the complexities of a sexual assault trial.