Costa Law Firm provides unparalleled expertise in the field of criminal defense litigation. Our criminal lawyers have built a reputation for their skill and determination in defending our clients.
Each member of our team draws from their unique experiences and talents to help our clients achieve a positive outcome. Our creative approach and dedication to our clients has allowed our success to grow significantly throughout the years.
Our criminal law team has enjoyed success at many levels of the court system including the Ontario Court of Justice, Ontario Superior Court of Justice, and Ontario Court of Appeals. Our team has successfully argued Charter motions, Interlocutory motions, and complex issues such as search and seizures, and warrants at some of the highest courts in the country. Over the years our lawyers have helped shape Charter law and its interpretation. We understand the complexities of criminal litigation, and always stay up to date with the current laws and procedures in order to deliver excellent results.
Criminal law is the body of law that helps regulate social conduct. It addresses the fit punishment for threatening and harmful behaviour, which endangers the health, safety and moral welfare of others. The two main elements of this body of law involve the actus reus – or the prohibited act, and the mens rea – or the 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. These crimes are known as strict liability offences. Other crimes require the proof of mens rea – the intent to commit the act. Further, criminal cases may be prosecuted in different way. Some are prosecuted summarily, others by indictment. There are also offences known as dual or hybrid offences, which could be prosecuted either summarily or by indictment. With so many variables and things to consider in a trial, it is important to obtain the best legal counsel possible. At Costa Law we have some of the most experienced and distinguished criminal lawyers in Toronto who come up with creative, thoughtful, and effective approaches to help our clients achieve the desired result.
Murder and Robbery charges will affect many areas of your life such as the future of your relationship with your partner; your living arrangements; employment prospects; 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 the assault of children to friends or even strangers. The circumstances of the offence also vary. The offence could involve harassment, an instance of uttering death threats, or an instance where the other party is physically hurt or maimed. Assaults may also involve weapons or aggravation. Regardless of the type of assault, it can have a serious impact on the accused and must be dealt with as soon as possible.
The most serious drug offences include: possession for the purpose of trafficking; importing and exporting; possession for the purpose of exporting drugs listed in Schedule I (i.e. heroin, cocaine, and methamphetamine) and in Schedule II (i.e. marijuana); and production. If charged with any of these offences, it is important that you consult with an experienced criminal defense lawyer as soon as possible. Our lawyers have many years of experience in litigating drug offenses, and are familiar with the most recent laws, including the newly introduced Safe Streets and Communities Act which requires mandatory minimum penalties in drug offenses when aggravating factors are present.
Charter Challenges are very complex and their success rates are very low. A lawyer understands the procedure, the burden and standard of proof, and what it takes to emerge victorious.
You should be prepared well for a preliminary inquiry since this is where the weight of the Crown’s case is determined and there is a likelihood of acquittal before trial.
Expert testimony can make or break your case. You should consider hiring a lawyer to examine and cross-examine your witnesses and prosecution witnesses to make your story more believable.
Hire a lawyer for your judicial pretrial, since this is where important matters on how the trial will proceed will be discussed. This is also an opportunity for plea negotiations.
You could have your case heard by a jury or a judge. The choice should be based on the particular circumstances of your case. Hire a lawyer to help you choose.
Not all jurors are impartial. Make a challenge for cause if you feel the juror may be prejudiced against you. The judge will determine if the challenge has merit.
Bail Hearings & Bail Reviews
Don’t languish in jail before your trial or hearing. Bail hearing is a constitutional right. If your bail is denied for some reason, you have the right to bail review.
Break & Enter
Break & Enter crimes often attract hefty fines and putting up a good defence is necessary. The circumstances leading to the break & enter have an impact in the trial.
To fight extradition, argue in court that the Minister of Justice hasn’t proven extraditable conduct. You should also use all available legal loopholes. The law allows you to get bail.
Domestic assault convictions lead to a tag that is difficult to shake. Fight false accusations, poke holes at the evidence, and present the court with the circumstances leading to the assault.
When charged under the highway traffic act, fines are an admission of guilt. Consider trial or attending a resolution meeting. Make it difficult for the prosecution to prove the offense.
Fraud penalties are very hefty. Put up a spirited defense by raising reasonable doubt on the evidence and arguing that there was no real risk of losing something of value.
A pardon gives you a second chance. If you are eligible, do not shy away from applying. However, note there is a lot of paperwork that you have to fill.
If you are charged with DUI (driving under the influence), you should fight the charges vigorously to avoid higher insurance rates, license suspension and other MOT penalties, and jail time.
Weapons offences attract hefty fines. Fight hard by proving you had lawful reasons to have the weapon or by proving the authorities did an illegal search to get the weapon.
Fight against sexual assault charges by bringing out the complainant’s past sexual history, by getting the complainant’s medical records to show there was no rape, & by countering evidence adduced.