Lorenzo & Hiroshi Criminal Litigation https://www.toronto-criminal-lawyer.co/ Sun, 05 Jan 2025 09:37:56 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://www.toronto-criminal-lawyer.co/wp-content/uploads/2023/08/w_testi-fav-75x75.png Lorenzo & Hiroshi Criminal Litigation https://www.toronto-criminal-lawyer.co/ 32 32 What Are the Rights of the Accused in Toronto First-Degree Murder Trials? https://www.toronto-criminal-lawyer.co/blog/what-are-the-rights-of-the-accused-in-toronto-first-degree-murder-trials/ Sun, 05 Jan 2025 09:37:56 +0000 https://www.toronto-criminal-lawyer.co/?p=13342 How Are Homicides Classified in Ontario? No criminal charge is more serious than the charge of first-degree murder. If you face a first-degree murder charge in or near the Toronto area, you must be represented and advised by a Toronto murder defence lawyer, and you must contact that lawyer at once. Canadian law classifies homicides […]

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How Are Homicides Classified in Ontario?

No criminal charge is more serious than the charge of first-degree murder. If you face a first-degree murder charge in or near the Toronto area, you must be represented and advised by a Toronto murder defence lawyer, and you must contact that lawyer at once.

Canadian law classifies homicides as first-degree murders, second-degree murders, and manslaughters. These subcategories indicate the level of responsibility of the alleged perpetrator of the crime. Statistics Canada reports that 123 homicides were committed in Toronto in 2023.

What Constitutes First-Degree Murder?

A first-degree murder is a murder that is both deliberate and planned. What matters is that one or more persons planned to kill someone and then deliberately and successfully carried out that plan. It is also first-degree murder when an individual:

  1. knowingly and intentionally kills a law enforcement officer 
  2. kills another person while committing a violent crime such as sexual assault or terrorism

How Are First-Degree Murder Convictions Penalized?

Police agencies in Ontario both thoroughly and aggressively investigate homicide cases. There have been murder and manslaughter cases where the police quickly targeted a suspect unfairly or carelessly violated a suspect’s rights in the process.

The police and Crown prosecutors have seemingly unlimited resources for the investigation and prosecution of murder cases. However, only a few criminal defence lawyers in Ontario have the skills and legal experience needed to represent a first-degree murder suspect successfully.

A first-degree murder conviction in Ontario may be penalized with a life sentence with no chance of parole for 25 years. “No chance of parole” means the offender must serve 25 years before being eligible to apply for parole; it does not mean that parole is automatically granted after 25 years.

With the stakes so high, if you are facing a first-degree murder charge in or near Toronto, you must reach out to a lawyer who has substantial experience – and a record of success – representing those who face the most serious criminal charges in Toronto and across Ontario.

What Are Your Rights if You Face a First-Degree Murder Charge?

If you face a first-degree murder charge in or near Toronto, an Ontario homicide lawyer will defend you by reviewing the details of the charge against you, finding any weaknesses or flaws in the Crown prosecutor’s case, and preparing an aggressive, effective defence strategy.

Your lawyer may consult with psychologists, private investigators, forensic authorities, and other experts. You have two fundamental legal rights if you find yourself facing a first-degree murder charge in Ontario:

  1. You have the right to legal counsel. Exercise that right. If you face a first-degree murder charge, you must reach out at once to an experienced criminal defence lawyer. That lawyer can advise you regarding your rights and represent you in court.
  2. You have the right to remain silent. The right to remain silent is a basic right under the Canadian Charter of Rights and Freedoms. Again, exercise that right. You can’t inadvertently implicate yourself in a homicide if you stay quiet.

If you face a murder charge in Ontario, you are entitled to a preliminary inquiry. The court can release you if it finds there is inadequate evidence to support a murder charge. Have an experienced defence lawyer prepare you for this inquiry and accompany you before the judge.

What Are the Defences to a First-Degree Murder Charge?

There are several possible ways to defend against a first-degree murder charge. Your lawyer may raise a reasonable doubt about whether the Crown prosecutor has proven that you are the individual who committed the murder. Your lawyer may:

  1. cast doubt on the evidence
  2. cast doubt on the reliability of the witnesses
  3. point to another suspect who may be the murderer

However, if it’s clear that you caused the victim’s death, your Toronto murder defence lawyer may argue that you were acting in self-defence. Self-defence claims always raise questions about whether the action was reasonable or disproportional to the threat a defendant faced.

Your lawyer may offer intoxication as a partial defence that reduces the first-degree murder charge to manslaughter. The question is whether, as a result of intoxication, the defendant foresaw that his or her action would likely cause the victim’s death.

How is a First-Degree Murder Charge Reduced?

For homicide investigators, distinguishing between murder, manslaughter, and justifiable homicide is often quite tricky. Investigators must interrogate witnesses and confirm timelines. Medical evidence is a key element.

Sentences are harsh for manslaughter and murder convictions, so authorities must determine the appropriate charge. In some cases, an Ontario homicide lawyer can persuade the Crown prosecutor to reduce a first-degree murder charge to second-degree murder or manslaughter.

If you’re facing a murder charge in or near Toronto, that charge may be reduced to a manslaughter charge if your lawyer can show you were acting in the “heat of passion” because of a sudden provocation.

In other homicide cases, a murder charge may be reduced to manslaughter if your lawyer can show that alcohol or other drugs acted to impair your mental capacity. Particularly if you have a history of mental illness, discuss with your lawyer whether you should use the insanity defence.

Take Your Case to Lorenzo & Hiroshi Criminal Litigation</h2> <p>There&#8217;s no need to search extensively for the right criminal defence lawyer. Let&#8217;s say you face a murder charge or another violent criminal charge in the Toronto area. Lorenzo & Hiroshi Criminal Litigation will defend you, protect your rights, and prepare an appropriate defence strategy.</p> <p>Anyone who is facing a murder charge in Ontario needs to consider carefully which lawyer to hire. With almost twenty years of legal experience, Toronto lawyer Lorenzo & Hiroshi will effectively cast doubt on the Crown prosecutor&#8217;s evidence and fight for the justice you need.</p> <p>Lorenzo & Hiroshi Criminal Litigation will ensure the court hears and understands your side of the story. We provide sound advice and the defence representation you need and deserve. You can schedule a legal consultation now or in the future by calling our criminal defence team at <a href="tel:6479518078">(343) 512-9314</a>. Let Lorenzo & Hiroshi Criminal Litigation put the law to work on your behalf.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/what-are-the-rights-of-the-accused-in-toronto-first-degree-murder-trials/">What Are the Rights of the Accused in Toronto First-Degree Murder Trials?</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> How to Handle Legal Proceedings for Human Trafficking Charges in Toronto https://www.toronto-criminal-lawyer.co/blog/how-to-handle-legal-proceedings-for-human-trafficking-charges-in-toronto/ Tue, 05 Nov 2024 20:42:59 +0000 https://www.toronto-criminal-lawyer.co/?p=13293 Handling Human Trafficking Accusations in Toronto Navigating legal proceedings for human trafficking charges in Toronto is a daunting experience, even for someone who feels they’re wrongly accused. Human trafficking charges are serious, with potential consequences that can reshape your entire life if mishandled. Understand the Charges and Their Gravity Human trafficking charges in Canada cover […]

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Handling Human Trafficking Accusations in Toronto

Navigating legal proceedings for human trafficking charges in Toronto is a daunting experience, even for someone who feels they’re wrongly accused. Human trafficking charges are serious, with potential consequences that can reshape your entire life if mishandled.

Understand the Charges and Their Gravity

Human trafficking charges in Canada cover a wide range of illegal activities under the Criminal Code. These cases are highly sensitive and complex, often with societal stigma attached. These charges can lead to long-term imprisonment and a lifetime of difficulties if convicted. Given this, it’s critical to recognize the seriousness of the charges and avoid any attempts to downplay or dismiss them.

Retain a Competent Criminal Defence Lawyer Quickly

When facing human trafficking charges, having an experienced criminal defence lawyer in your corner is essential. Not just any lawyer will do. You’ll need someone knowledgeable in criminal law, specifically human trafficking, with experience in Toronto. This is not the time to settle for the cheapest option or someone unfamiliar with the significance of the charges. Meet with potential lawyers, ask about their track record with human trafficking cases, and make sure they understand the intricacies of such cases. The right lawyer will guide you through every stage to help you understand the proceedings, the potential outcomes, and how best to prepare for each.

Prepare Yourself for a Lengthy Legal Process

Human trafficking cases are usually not resolved quickly. The process can take months or even years, from investigations to preliminary hearings to potential trials. One of the first steps is a bail hearing. At this stage, the lawyer will argue for your release from custody as the case proceeds. This is an essential part of the process; being out on bail can give you better access to legal resources, enable you to prepare for court appearances more effectively, and generally make it easier to cope with the stress of the case. If bail is granted, follow all the conditions strictly, as any violation can lead to more complications or a revoked bail status.

Understand the Evidence Against You

A good defence strategy depends on a comprehensive understanding of the evidence brought forward by the prosecution. Evidence might include testimony from alleged victims, surveillance footage, communications like text messages or emails, and sometimes even financial records. A skilled lawyer will request access to all evidence the prosecution intends to use against you.
With your lawyer, you’ll need to carefully review this evidence to identify weaknesses, inconsistencies, or anything that might help build a strong defense. Pay attention to every detail and be honest with your lawyer. Trust is key; your attorney can only help you if they understand the situation.

Consider Possible Defences and Mitigations

There are several possible defence strategies in human trafficking cases, depending on the case’s specifics. If you prove that you were unaware of the exploitation, that can sometimes serve as a defense. A coercion or duress defence may be used if you were coerced or threatened into any part of the activities and might lessen the charges. Evidence might be insufficient, fabricated, or obtained unlawfully. Your lawyer can help identify if this is the case. Each case is unique, and your lawyer will work with you to determine the best defense based on the circumstances.

Focus on Mental Health and Support Systems

Human trafficking charges can have a devastating impact on mental health. Throughout the legal process, you may experience significant stress, anxiety, or even depression. Maintaining a strong support system that can provide a safe space where you can talk openly about your feelings and frustrations is vital. If you don’t have a close support system, consider utilizing professional mental health resources in Toronto.

Be Prepared for Media and Public Scrutiny

Human trafficking cases often attract media attention. This exposure can be daunting, especially when you or your family may face judgment in public spaces. Work with your lawyer on how best to handle media inquiries, should they arise.
Legal teams often advise clients not to speak to the media directly, as any statements can be taken out of context and potentially used against them in court. A lawyer might also advise social media silence, especially if any posts could inadvertently harm your case.

Plea Deal Options

In some instances, your lawyer might discuss the possibility of a plea deal. A plea deal is an agreement where you admit guilt to a lesser charge in exchange for a lighter sentence, potentially avoiding a lengthy trial and harsher penalties. This option is complex and requires careful consideration. Only agree to a plea deal if your lawyer believes it’s the best path forward and you understand the consequences.

Prepare for Possible Outcomes and Appeal Options

Final verdicts can vary widely based on the evidence, defence, and how the case is argued in court. Sentences can be severe, with long jail terms, fines, or other restrictions. Mentally and emotionally, preparing for different potential outcomes is wise so that any decisions do not blindside you. An appeal might be possible in the event of a conviction. Appeals are filed for procedural errors, misinterpretation of law, or evidence that wasn’t available during the trial. Discuss the appeal process with your lawyer if it comes to that point.

Lorenzo & Hiroshi Criminal Litigation Offers Legal Advice and Support for Human Trafficking Cases in Toronto</h2> <p>If you&#8217;re dealing with human trafficking charges, you need a lawyer who understands the stakes and knows how to fight for your rights. <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a> is here to help with strategic, personalized representation focused on minimizing impacts and protecting your future. Schedule a consultation by calling <a href="tel:6479518078">(343) 512-9314</a>.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/how-to-handle-legal-proceedings-for-human-trafficking-charges-in-toronto/">How to Handle Legal Proceedings for Human Trafficking Charges in Toronto</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> What Defences Work Against Drug Trafficking Charges in Toronto? https://www.toronto-criminal-lawyer.co/blog/what-defences-work-against-drug-trafficking-charges-in-toronto/ Wed, 30 Oct 2024 15:34:03 +0000 https://www.toronto-criminal-lawyer.co/?p=13287 Effective Defences Against Toronto Drug Trafficking Charges Drug trafficking laws in Canada are strict, and a conviction can mean severe penalties, including years in prison, a criminal record, and damage to one’s personal and professional life. However, being charged doesn’t mean that a conviction will follow. Defendants have rights, and various defences can be used […]

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Effective Defences Against Toronto Drug Trafficking Charges

Drug trafficking laws in Canada are strict, and a conviction can mean severe penalties, including years in prison, a criminal record, and damage to one’s personal and professional life. However, being charged doesn’t mean that a conviction will follow. Defendants have rights, and various defences can be used to fight drug trafficking charges in Toronto.

Unlawful Search and Seizure

One of the most effective defences against drug trafficking charges in Toronto involves challenging how the police obtained the evidence.

Police must follow strict procedures to conduct a lawful search. They need a warrant unless they can justify an exception, such as in cases of immediate danger. Any evidence, including drugs or other materials found, may be excluded from trial if a search is conducted without following legal procedures. Without this key evidence, it’s often difficult for prosecutors to prove drug trafficking charges.

Lack of Knowledge

Drug trafficking charges require knowledge and intent. This means that the prosecution must prove that the accused knew they had drugs in their possession and intended to distribute or traffic those drugs. A lack of knowledge defence might apply if the drugs were found in a shared vehicle or apartment, where other people also had access. For instance, if a person borrowed a friend’s car without realising there were drugs in the trunk, a lawyer could argue that the accused was unaware of the presence of drugs. Intent to traffic is challenging to prove if the prosecution cannot demonstrate that the accused knowingly had drugs and planned to distribute them.

Lack of Intent to Traffic

Simply possessing drugs isn’t enough to convict someone of trafficking. The prosecution must prove intent. This defence focuses on the accused’s lack of intention to distribute or sell drugs. Perhaps the drugs found were for personal use, or maybe they were held for someone else temporarily without any intent to traffic. For example, if only a small amount of drugs was found or there were no other trafficking-related items, like scales, cash, or packaging materials, this could support a lack of intent to traffic. Without clear signs of trafficking, the defence may argue for a lesser charge, such as simple possession.

Entrapment

Entrapment is a defence that applies when law enforcement officers convince or pressure someone into committing a crime they would not otherwise have committed. This defence is often used in cases where undercover operations are involved. For instance, if an undercover officer pressured or manipulated the accused into trafficking drugs, a defence lawyer might argue that their client was entrapped.

Mistaken Identity

Sometimes, drug trafficking arrests are based on mistaken identity. This arises when the police investigate large drug networks or operations involving multiple suspects. If law enforcement relies on witness statements or unclear video footage, they may misidentify the accused as someone involved in drug trafficking.

In these cases, a defence lawyer might gather alibi evidence, surveillance footage, or other documentation to demonstrate that their client was not involved. This defence can be especially powerful if there is no direct evidence linking the accused to the drugs in question or if their whereabouts at the time of the alleged crime are verifiable.

Police Misconduct

Police misconduct might include evidence tampering, excessive force, or witness manipulation. If the defence finds evidence that police acted improperly during the investigation or arrest, they can use this to challenge the case’s credibility. Examples of misconduct include planting evidence, falsifying reports, or coercing witnesses to testify against the accused. When police misconduct is involved, it can lead to the removal of evidence or even the dismissal of the charges.

Violation of Rights

In Canada, the Charter of Rights and Freedoms guarantees protections to anyone accused of a crime. These include the right to remain silent, the right to legal representation, and the right to be free from arbitrary detention. The defence can argue that the charges should be dismissed if any of these rights were violated during the arrest or investigation. For instance, if an individual was detained without being informed of their right to a lawyer, this could be grounds to dismiss the case. Similarly, if an accused person was coerced into making a statement without understanding their rights, the defence could move to have that statement excluded from evidence.

Challenging the Prosecution’s Evidence

A thorough defence against drug trafficking charges often involves challenging the reliability or accuracy of the prosecution’s evidence.

Drug trafficking cases can depend upon a variety of evidence, such as intercepted communications, financial records, or testimony from informants. However, this evidence may not be as solid as it appears. For example, intercepted messages could be taken out of context, or informants may have ulterior motives including reduced sentences in exchange for testifying. Defence lawyers can question the credibility of informants or argue that intercepted communications are ambiguous. The goal is to highlight weaknesses in the prosecution’s case and create reasonable doubt.

What Happens After a Successful Defence?

If any of these defences are successful, it could result in the charges being dismissed or reduced. Weakening the prosecution’s case with a strong defence strategy often results in a more favourable outcome for the accussed, such as a plea deal for a lesser charge or a reduced sentence.

Lorenzo & Hiroshi Criminal Litigation Defends Against Drug Trafficking Accusations</h2> <p>Don&#8217;t let drug trafficking charges define your future. At<a href="https://www.toronto-criminal-lawyer.co/"> Lorenzo & Hiroshi Criminal Litigation</a>, our experienced Toronto criminal defence team will defend your rights and build a powerful strategy to protect your freedom. We&#8217;re dedicated to finding weaknesses in the prosecution&#8217;s case, whether through challenging evidence, exposing unlawful searches, or demonstrating a lack of intent. Contact us at <a href="tel:6479518078 ">(343) 512-9314</a><br /> to schedule a consultation.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/what-defences-work-against-drug-trafficking-charges-in-toronto/">What Defences Work Against Drug Trafficking Charges in Toronto?</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> What Are the Common Misconceptions About Self-Defence in Assault Cases? https://www.toronto-criminal-lawyer.co/blog/what-are-the-common-misconceptions-about-self-defence-in-assault-cases/ Mon, 10 Jun 2024 07:11:47 +0000 https://www.toronto-criminal-lawyer.co/?p=13269 What Constitutes Assault? In Ontario, if you’re charged – wrongly or rightly – with assault, what comes next, and what measures will you need to take? The first thing you must do is to get in touch with a Toronto assault lawyer for the sound legal advice and aggressive defence representation you will need. What […]

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What Constitutes Assault?

In Ontario, if you’re charged – wrongly or rightly – with assault, what comes next, and what measures will you need to take? The first thing you must do is to get in touch with a Toronto assault lawyer for the sound legal advice and aggressive defence representation you will need.

What constitutes assault in Ontario? Under Canadian law, an assault happens when someone, without another person’s consent, intentionally applies force directly or indirectly to that other person. Canadian courts have determined that the legal definition of assault may also include:

  1.  forcefully pretending to throw a punch at someone
  2.  aggressively poking or pointing a finger at someone
  3.  shoving or pinching
  4.  words that reasonably cause others to fear that force will be used against them

What Are the Different Assault Charges?

You will need to be advised and represented by an Ontario assault lawyer if you face any of these assault charges in or near the Toronto area, and you’ll need to contact that lawyer immediately:

  1.  Assault (or “simple” assault): Simple assault is an assault that does not involve a weapon and does not result in serious injury or serious bodily harm.
  2.  Assault causing bodily harm: An assault that causes serious harm or injury and impairs the victim’s health or mobility constitutes assault causing bodily harm.
  3.  Assault with a weapon: An assault with a weapon generally involves the use of an object such as a knife, a baseball bat, or even a dog that is ordered to attack someone.
  4.  Aggravated assault: An assault that maims, wounds, slashes, breaks bones, disfigures, or endangers a victim’s life constitutes an aggravated assault.

How Are Specific Assault Charges Determined?

Criminal offences in Ontario are either indictable offences, summary offences, or hybrid offences which may be prosecuted as either indictment or summary offences.

The crown prosecutor will consider the severity, circumstances, and details of a particular assault offence. Convictions for indictable offences generally entail harsher penalties. Summary offences are considered less severe and convictions are generally penalized less severely.

Simple assault, assault with a weapon, and assault causing bodily harm are hybrid offences, but aggravated assault is strictly an indictable offence, and in aggravated assault cases, the crown prosecutor will seek a prison or jail sentence if the defendant is found guilty.

What Are the Penalties for Assault Convictions?

The defendant in an assault case could conceivably serve up to five years in prison if convicted for simple assault as an indictable offence, but that’s uncommon. Fines and probation are the more usual penalties for a simple assault conviction.

While a conviction for simple assault may not necessarily be penalized with time in jail, a conviction for any other assault charge is likely to result in a prison or jail sentence. If the victim was severely injured or disabled by the assault, a lengthy prison sentence is probable.

Someone who has received a conviction for any of these assault charges may also face genuine difficulties obtaining employment, travelling internationally, or becoming a Canadian citizen. If you are not a Canadian citizen, an assault conviction could even result in your deportation.

How Are You Allowed to Defend Yourself?

In Ontario, how are you allowed to defend yourself or others against an imminent assault? If you reasonably believe that you or another person or persons are at immediate risk of being assaulted, the law in Canada allows you to take reasonable action to protect yourself and others.

You are also allowed to take “reasonable” action – but not violent action – to defend your property from trespassing, vandalism, and theft.

Deadly force is allowed only in extremely exceptional situations – for instance, when such force is necessary to protect yourself or another person from serious injury or death. The courts in Canada do not consider deadly force reasonable when it is used in the defence of property alone.

Should You Claim That You Acted in Self-Defence?

In many assault cases, a self-defence claim will be the best defence strategy. When your legal defence against an assault charge is self-defence, you’re not denying that you committed the action; rather, you are claiming that you had a legal justification for the action you took.

If you claim that you acted in self-defence, in order to convict you, the crown prosecutor must demonstrate beyond a reasonable doubt that you were not acting in self-defence, while your Toronto assault lawyer only has to demonstrate that you “probably” acted in self-defence.

There are, however, a number of misconceptions about self-defence. You are not allowed to use violence against someone who steals your property, for example, and you are not allowed to use a weapon against someone who is unarmed. In cases where there are no eyewitnesses, proving a self-defence claim is not easy and will require an experienced defence lawyer’s help.

What Else Should You Know About Assault Cases?

A self-defence claim is not the only defence strategy available to an assault defendant. A defendant could be the victim of mistaken identity, or a defendant could be the victim of a fabricated assault allegation.

If you are charged with assault, your Ontario assault lawyer will develop an appropriate defence strategy based on the particular details of your case. But how can you locate a lawyer who will fight for you aggressively and effectively and make your case a priority?

Put Your Assault Case in Our Hands at Lorenzo & Hiroshi Criminal Litigation</h2> <p>If you’re facing any assault charge in or near the Toronto area, currently or in the future, Toronto criminal defence lawyer Lorenzo & Hiroshi offers the sound legal advice and effective defence representation you need.</p> <p>Defence lawyer Lorenzo & Hiroshi brings almost two decades of experience to every client and every assault case. Lorenzo & Hiroshi Criminal Litigation has built a reputation in the Toronto area for superlative client service and legal excellence. We advocate for the best outcome in every case.</p> <p>If you are charged with assault, call Lorenzo & Hiroshi Criminal Litigation immediately at <a href="tel:6479518078">(343) 512-9314</a>. Our team will use every necessary legal tool to fight for and secure the justice you need.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/what-are-the-common-misconceptions-about-self-defence-in-assault-cases/">What Are the Common Misconceptions About Self-Defence in Assault Cases?</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> How Can Defendants Challenge the Evidence in Drug Offence Cases? https://www.toronto-criminal-lawyer.co/blog/how-can-defendants-challenge-the-evidence-in-drug-offence-cases/ Fri, 10 May 2024 01:32:16 +0000 https://www.toronto-criminal-lawyer.co/?p=13252 What Should You Do if You Are Charged With Illegal Drug Possession? If you’re charged with the possession of illegal drugs in Ontario, how will a crown prosecutor prove that you actually possessed the drugs? And how will a Toronto drug crimes lawyer defend you and cast doubt on the crown prosecutor’s case? The innocent […]

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What Should You Do if You Are Charged With Illegal Drug Possession?

If you’re charged with the possession of illegal drugs in Ontario, how will a crown prosecutor prove that you actually possessed the drugs? And how will a Toronto drug crimes lawyer defend you and cast doubt on the crown prosecutor’s case?

The innocent are sometimes accused of possessing illegal drugs that aren’t actually theirs, but proving you didn’t possess illegal drugs may be more difficult than you think. If you’re innocent – or even if you’re guilty – what should you do if you are charged with illegal drug possession?

In Ontario, a conviction for illegal drug possession may be based on evidence of a defendant’s “actual” possession of the drugs or of a defendant’s “constructive” possession of illegal drugs. Casting doubt on that evidence will be the job of your Ontario drug crimes lawyer.

“Actual” Drug Possession and “Constructive” Possession: What’s the Difference?

A person is in actual possession of unlawful drugs if that person is physically holding or carrying the drugs. A person is in constructive possession of unlawful drugs if that person has control or dominion over the drugs or over the space or location where the drugs are found.

To convict you for illegal drug possession in Ontario, the crown prosecutor must prove you were in actual possession or constructive possession of illegal drugs. Actual possession is typically not difficult to prove, but constructive possession is harder to prove and more legally complicated.

When a crown prosecutor claims a defendant was in actual possession of unlawful drugs, the drugs were found on the defendant’s “person” – in the defendant’s backpack, pocket, purse, shoes, or socks, for example. In these cases, the arresting officer’s testimony may be enough to secure a conviction.

How is Constructive Possession Defined?

If unlawful drugs are found in your vehicle, your desk or locker at work, your rental storage unit, or your residence – that is, any space under your dominion or control – you may be prosecuted for the constructive possession of unlawful drugs.

In some cases, constructive possession is easy to prove, but in many cases, it’s difficult. Nevertheless, if the police find unlawful drugs in your vehicle or your home, and if the search was legally conducted, you may be convicted of drug possession.

When is Constructive Possession Difficult to Prove?

Constructive possession may be difficult to prove in several circumstances. Let’s say you share a three-bedroom rental with two roommates. If you don’t have personal, exclusive dominion and control over a kitchen or bathroom, it may be tough for the crown prosecutor to win a conviction.

But in the same situation, if unlawful drugs are discovered under a defendant’s mattress or in a defendant’s personal closet, a conviction is likely.

In short, if you live by yourself or if you’re alone in a vehicle when unlawful drugs are discovered, that is usually enough to prove possession, but if you share a residence or if others were with you in the vehicle, the crown prosecutor must present stronger evidence against you.

What Are the Defences to a Drug Possession Charge?

If you’re charged with the possession of illegal drugs in or near the Toronto area, contact a Toronto drug crimes lawyer immediately. Your lawyer will discuss how the law applies in your specific situation and may offer one of these defences on your behalf:

  1.  The search that discovered the drugs was illegally conducted.
  2.  You did not have dominion and control (or exclusive, personal dominion and control) of the location or space where the drugs were found.
  3.  You did not know the drugs were there, and the drugs belonged to someone else.
  4. You were entitled by law to possess the drugs, or the drugs were not actually illegal.

The exact charge that is brought against a defendant depends on the specific drug, the amount of the drug, and the defendant’s previous convictions (if any).

How Do the Courts Handle Drug Possession Cases?

In drug possession cases, crown prosecutors now bring charges only in the most serious cases and otherwise seek alternative approaches to divert simple possession cases away from the criminal justice system.

Cases that merit charges may involve children at risk, weapons, and acts or threats of violence. When someone receives a criminal conviction for illegal drug possession in Ontario, the court will consider these questions when it determines the penalties it will impose:

  1.  What kind of drugs were involved? And in what amount?
  2.  Were the drugs meant for personal consumption or for sale?
  3.  What are the defendant’s previous convictions, if any?
  4.  Was a weapon involved or in the defendant’s possession?
  5.  Is the defendant an adult or juvenile? Was any juvenile involved in the crime?

The usual penalty for a minor drug possession conviction is a costly fine for a first offence. A subsequent conviction may be penalized with an even more expensive fine and a jail or prison sentence.

How Will a Defence Lawyer Help You?

Your lawyer will protect your rights, outline your legal options, explain the penalties you may face, and fight for the justice you need. If your rights were violated by the police or if the illegal drugs did not belong to you, your lawyer will seek an acquittal or a dismissal of the charge.

However, if the crown prosecutor’s evidence against you is persuasive, and if your conviction is inevitable, your Ontario drug crimes lawyer may negotiate on your behalf for reduced or alternative sentencing.

When Your Future is at Stake, Call Lorenzo & Hiroshi Criminal Litigation</h2> <p>If you are charged in the Toronto area with the possession of illegal drugs, your future will be at stake, and you’ll need legal help as quickly as possible.</p> <p>With nearly two decades of experience, Lorenzo & Hiroshi and his team at Lorenzo & Hiroshi Criminal Litigation have established a reputation for legal excellence. If you are charged with unlawful drug possession or any drug-related offence, call Lorenzo & Hiroshi Criminal Litigation at once.</p> <p>Set up your first consultation with Lorenzo & Hiroshi Criminal Litigation by contacting us at <a href="tel:6479518078">(343) 512-9314</a>. If you’re charged with possession or another drug-related crime, call us immediately. At Lorenzo & Hiroshi Criminal Litigation, we know what it takes to win the justice you need.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/how-can-defendants-challenge-the-evidence-in-drug-offence-cases/">How Can Defendants Challenge the Evidence in Drug Offence Cases?</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> Manslaughter and Self-Defence Laws in Toronto https://www.toronto-criminal-lawyer.co/blog/manslaughter-and-self-defence-laws-in-toronto/ Mon, 22 Apr 2024 11:34:16 +0000 https://www.toronto-criminal-lawyer.co/?p=13242 Could You Be Charged With Manslaughter or Murder? Not every homicide is a murder. Some homicides are considered manslaughter. Others are justifiable homicides – acts of self-defence. If you are charged with manslaughter or murder in or near the Toronto area, you must contact a Toronto homicide lawyer at once. The law in Ontario distinguishes […]

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Could You Be Charged With Manslaughter or Murder?

Not every homicide is a murder. Some homicides are considered manslaughter. Others are justifiable homicides – acts of self-defence. If you are charged with manslaughter or murder in or near the Toronto area, you must contact a Toronto homicide lawyer at once.

The law in Ontario distinguishes several different homicide charges and imposes different penalties for convictions on those charges. But for homicide investigators, distinguishing between murder, manslaughter, and justifiable homicide can sometimes be quite difficult.

Homicide cases are complicated. Timelines must be confirmed. Witnesses must be interrogated. Medical evidence and the cause of death are key elements. Sentences are quite harsh for most murder and manslaughter convictions, so authorities must determine the appropriate charge.

What Constitutes Self-Defence in Ontario?

The right to defend yourself, your property, and other persons is a basic right of all Canadians, but the self-defence laws in Canada are complicated and easily misunderstood. The law allows you to take “reasonable” action to protect yourself, your property, and others.

What constitutes reasonable action? Action to protect yourself or others must be “proportional.” You may use no more force than is necessary to protect yourself or others. For example, you can’t use a firearm to shoot and kill an unarmed person who punches you in the nose.

If you use deadly force against another person, and your case goes to trial, you and your Ontario homicide lawyer will have to explain to the court that you had no other option to protect yourself or others against severe injury or death.

Whether deadly force is legally justified depends on the nature of the threat, and in some cases, a person who uses deadly force could be charged with and convicted of manslaughter, even for an act of self-defence, if deadly force was not in fact needed in order to avoid severe injury or death.

What Constitutes Manslaughter in Ontario?

The distinction between murder and manslaughter dates back to the laws of ancient Greece. While murder is the intentional killing of another person, manslaughter is homicide committed with no intention to cause death, although bodily harm may or may not have been intended.

In most cases in Ontario, if someone’s death is the direct consequence of a criminal offence that you have committed or a direct consequence of your reckless behavior, you will probably be placed under arrest and charged with manslaughter.

For example, if you discharge a firearm in public and you accidentally kill someone, you will probably face a manslaughter charge. If you punch someone because you intend to hurt but not kill that person, but that person dies from being punched, you may be convicted of manslaughter.

When May a Murder Charge Be Reduced to Manslaughter?

A murder charge in Ontario may sometimes be reduced to manslaughter if a defendant acted in the “heat of passion” due to a sudden provocation. In other cases, a murder charge is sometimes reduced to manslaughter if a defendant’s mental capacity was impaired by drugs and/or alcohol.

In order to convict you of manslaughter in Ontario, the Crown prosecutor is not required to prove that you intended the victim’s death. Instead, the Crown prosecutor must establish only that the victim’s death was a direct consequence of your criminal or reckless behavior.

What Are the Defences to a Manslaughter Charge?

Of course, to win a manslaughter conviction against you, the Crown prosecutor must prove your guilt beyond a reasonable doubt. The Ontario homicide lawyer who represents you will cast doubt on the Crown prosecutor’s evidence and may argue that you acted in self-defence.

In other cases, your defence lawyer may contend that the manslaughter case against you should be dismissed because law enforcement officers violated your rights as spelled out by the Canadian Charter of Rights and Freedoms.

How Are Manslaughter Convictions Penalized in Ontario?

What is considered when the exact sentence for a manslaughter conviction is determined? The court will consider the details of the crime, the offender’s previous convictions (if any), the victim’s vulnerability, the offender’s mental health, and his or her remorse or lack of remorse.

The maximum sentence for a manslaughter conviction in Ontario is life in prison. If no firearm was involved, a manslaughter conviction does not entail a minimum penalty, but if a firearm was used, a convicted offender must serve at least a minimum sentence of four years in prison.

A life sentence doesn’t necessarily mean an offender will stay in prison for life; instead, a convicted-for-life offender will be supervised for life by the Correctional Service of Canada. Exactly when the offender becomes eligible for parole will depend on the details of the sentence.

When Should You Contact a Defence Lawyer?

If you have been charged with murder or manslaughter in or near the Toronto area, or if that occurs in the future, your freedom will be in severe jeopardy. You will need to be advised and represented – as quickly as possible – by an experienced Toronto homicide lawyer.

You will need a lawyer who effectively protects your rights, aggressively advocates for justice on your behalf, ensures that your side of the story is told and understood, and fights for the best possible outcome to your murder or manslaughter case.

Let Lorenzo & Hiroshi Criminal Litigation Handle Your Homicide Case</h2> <p>If you are charged with murder or manslaughter in the Toronto area, take your case at once to Lorenzo & Hiroshi Criminal Litigation. With almost two decades of criminal defence experience, Lorenzo & Hiroshi knows what it takes to bring your homicide case to its best possible resolution.</p> <p>Defence lawyer Lorenzo & Hiroshi is a member of the Canadian Bar Association and the Criminal Lawyers Association. At Lorenzo & Hiroshi Criminal Litigation, he leads a team that has built a reputation for outstanding client service and legal excellence. We represent clients in Toronto and throughout Ontario.</p> <p>If you are charged with murder or manslaughter, immediately schedule a legal consultation with Lorenzo & Hiroshi Criminal Litigation by calling our Toronto law offices at (343) 512-9314. Lorenzo & Hiroshi Criminal Litigation knows how to put the law to work for you.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/manslaughter-and-self-defence-laws-in-toronto/">Manslaughter and Self-Defence Laws in Toronto</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> Manslaughter and Mental Health in Toronto: The Insanity Defence https://www.toronto-criminal-lawyer.co/blog/manslaughter-and-mental-health-in-toronto-the-insanity-defence/ Mon, 15 Apr 2024 08:44:29 +0000 https://www.toronto-criminal-lawyer.co/?p=13237 What Should You Know About the Insanity Defence? If you are charged with manslaughter or another serious crime in Ontario, should your Toronto criminal defence lawyer offer insanity as your defence? How frequently is the insanity defence offered in criminal cases in Ontario? How often does the insanity defence prevail? The insanity defence attempts to […]

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What Should You Know About the Insanity Defence?

If you are charged with manslaughter or another serious crime in Ontario, should your Toronto criminal defence lawyer offer insanity as your defence? How frequently is the insanity defence offered in criminal cases in Ontario? How often does the insanity defence prevail?

The insanity defence attempts to establish a relationship between mental illness and criminal responsibility. It’s the claim that a mental illness is the reason a criminal defendant was, at the time of the crime, incapable of knowing that what he or she did was a wrongful and criminal act.

If you have been charged with manslaughter or any other serious crime in or near Toronto, and especially if you have a history of mental illness, you should discuss and consider the insanity defence with your Ontario criminal defence lawyer as early as possible in the legal process.

How Often is the Insanity Defence Used?

Some believe that the insanity defence is used too frequently by defendants in the Canadian criminal courts, but insanity is claimed in only about one percent of the criminal cases in this nation, and only about one in four defendants who claim insanity actually prevail with the claim.

Although some people believe that lawyers tell clients to pretend to be insane in order to win cases, this rarely if ever happens. Insanity claims in criminal cases are thoroughly evaluated by medical experts, and a lawyer would face serious disciplinary action for offering such advice.

While there is no doubt that some defendants only pretend to be insane, the majority of criminal defendants who claim the insanity defence are in fact genuinely lacking in mental capacity. Many such defendants have in their pasts at least one hospitalization for mental illness.

What Does the Law Say Regarding the Insanity Defence?

The law in Canada has allowed the insanity defence in criminal cases since 1892, and the original legislation has been amended several times since then. Here is a summary of Canada’s current insanity defence laws as of 2024:

  1.  No one may be held criminally responsible for an action or failure to act if the person was suffering from a mental illness that made the person incapable of understanding the nature of the action or omission or of knowing that the action or omission was wrong.
  2.  No one is presumed by the court to suffer from a mental illness, and thus to be exempt from criminal responsibility, until that person is proved, on the balance of probabilities, to suffer from a mental illness.
  3.  The burden of proof for the claim that the defendant was suffering with a mental illness at the time of the offence, and thus has no criminal responsibility, is on the party that raises the mental health issue.

The Supreme Court of Canada has held (in R. v. Chaulk, 1990) that the use of the word “wrong” in Canadian law not only means legally wrong but also means morally wrong.

What Happens When the Insanity Defence Prevails?

Criminal defendants in Canada who are deemed to be “unfit to stand trial” or found “not criminally responsible” (NCR) are placed under the authority of a provincial review board that determines whether the defendant should be considered a “significant” threat to the public.

On the basis of that finding, the law requires the review board to impose on the defendant the “least onerous” restrictions necessary to protect the general public while providing appropriate mental health services to the defendant.

The Ontario Review Board (ORB) is an independent body established under the Criminal Code of Canada to oversee those in Ontario who are deemed unfit to stand trial or found not criminally responsible. As of 2023, more than 1600 individuals were under ORB jurisdiction.

In the most serious cases, such as manslaughter cases, a review board may impose the maximum legal restriction allowed and order the defendant to be placed involuntarily in a mental institution for a duration of time dependent upon regularly scheduled reviews by the board.

What is Required to Prove the Insanity Defence?

If you plead not criminally responsible, and you claim the insanity defence to a manslaughter charge or another serious criminal charge, the burden is on you and your Toronto criminal defence lawyer to prove that claim in court:

  1.  First, you and your defence lawyer must prove that you were suffering from a mental disorder when the crime was committed.
  2.  Secondly, you and your lawyer must prove that the disorder rendered you incapable of understanding what you were doing or knowing that what you did was illegal or wrong.

How Does a Lawyer Present the Insanity Defence?

An insanity defence depends on testimony or sworn statements from psychiatric and medical authorities to establish the details of the defendant’s mental illness and the extent to which that mental illness hindered the defendant’s understanding of his or her actions.

If you claim the insanity defence in your own case, your Ontario criminal defence lawyer may introduce additional evidence – medical records, for example, or the testimony of other witnesses – to prove that you did not understand what you were doing and why it was wrong.

Of course, you may expect that the Crown prosecutor will call different expert witnesses and introduce different evidence in order to cast doubt on the credibility of your insanity claim.

Put Your Case in Our Hands at Lorenzo & Hiroshi Criminal Litigation</h2> <p>If you are charged with manslaughter or with another serious crime in or near Toronto, Lorenzo & Hiroshi Criminal Litigation will represent you, protect your rights, and if necessary, determine if the insanity defence is the appropriate defence in your own criminal case.</p> <p>With nearly twenty years of criminal defence experience, Toronto lawyer Lorenzo & Hiroshi will develop an effective defence strategy on your behalf, cast doubt on the Crown prosecutor’s case, and fight for the justice you need.</p> <p>The Lorenzo & Hiroshi Criminal Litigation team will make sure the court hears and understands your side of the case, and we’ll provide the advice and defence representation that you deserve and need. You can schedule a legal consultation now by calling our Toronto offices at (343) 512-9314.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/manslaughter-and-mental-health-in-toronto-the-insanity-defence/">Manslaughter and Mental Health in Toronto: The Insanity Defence</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> Felony Charges and White-Collar Crime: Fraud, Embezzlement, and Insider Trading https://www.toronto-criminal-lawyer.co/blog/felony-charges-and-white-collar-crime-fraud-embezzlement-and-insider-trading/ Mon, 08 Apr 2024 07:45:07 +0000 https://www.toronto-criminal-lawyer.co/?p=13233 Which Crimes Are “White-Collar” Crimes? In Toronto or anywhere else in Ontario, if the authorities suspect you of committing a white-collar crime, if you think that you are under investigation for such a crime, or if you are charged with a white-collar crime, retain the services of a Toronto criminal defence lawyer at once. White-collar […]

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Which Crimes Are “White-Collar” Crimes?

In Toronto or anywhere else in Ontario, if the authorities suspect you of committing a white-collar crime, if you think that you are under investigation for such a crime, or if you are charged with a white-collar crime, retain the services of a Toronto criminal defence lawyer at once.

White-collar crimes are non-violent, financial criminal offences that include fraud, tax evasion, money laundering, insider trading, embezzlement, and forgery. White-collar crimes also include price-fixing and paying bribes and kickbacks. The most egregious of these crimes entail lengthy prison sentences for defendants who receive convictions.

If you are charged with a white-collar crime in or near the Toronto area, you must act as quickly as possible. You’ll need to contact an Ontario criminal defence lawyer who has abundant experience representing clients charged with financial crimes.

What is the Standing Up for Victims of White-Collar Crime Act?

The phrase “white-collar crime” typically refers to financial crimes usually perpetrated by someone who is working in a corporation or a financial institution and thus has the means to commit the offence. The law that directly addresses white-collar crime in Canada is the Standing Up for Victims of White-Collar Crime Act, which took effect in 2011. This law:

  1.  bars convicted offenders from having authority over the money or real property of others
  2.  allows the sentencing court to consider community impact statements from victims
  3.  requires, where possible, restitution to be paid to victims

Additionally, the Standing Up for Victims of White-Collar Crime Act does not allow the sentencing court to consider an offender’s social status, reputation, or professional background when it determines the penalties for a conviction.

What Should You Know About White-Collar Crimes?

White-collar crimes are a serious concern in Canada. Among other disturbing statistics, Criminal Intelligence Service Canada estimated in 2021 that between $45 billion and $113 billion is laundered through this nation each year.

White-collar criminals are usually quite careful about concealing their activities. They may steal only a small amount of the property or money that is available to them to reduce the chances of detection.

However, unless a victim’s bookkeeping and accounting are meticulous, a criminal may continue to commit forgery, embezzlement, or fraud and may remain undetected for years.

What Penalties May Be Imposed for White-Collar Criminal Convictions?

Although white-collar crimes are not violent, these crimes may victimize thousands of people. Depending on the details of the crime, a white-collar offence may be charged as a summary offence (roughly comparable to a misdemeanor in the U.S.) or as an indictable offence.

When the money or property value in a white-collar crime exceeds $5000, the crime is an indictable offence (comparable to a felony in the U.S.), and the convicted offender cannot serve his or her full sentence in the community but must serve at least a minimum prison sentence.

The maximum sentence for a fraud conviction in most cases is fourteen years in prison. If the fraud exceeds $1 million, a conviction requires the offender to serve a minimum of two years in prison. However, aggravating factors (such as multiple victims or the destruction of evidence) may result in an even lengthier sentence.

How Can a Defence Lawyer Help You?

White-collar crimes are often quite complicated and may take months to investigate thoroughly. Because the suspects typically pose no threat of violence to the general public, the police may take their time to gather the evidence and build a convincing case against a suspect.

Presumably as a result of the pandemic, white-collar crimes have been on the rise here in Ontario for several years. As they work to fight these crimes, prosecutors and police officers sometimes make mistakes and may accuse a person who is innocent.

If you learn that you have become the target of a police investigation related to a white-collar crime, contact a criminal defence lawyer at once. The right criminal lawyer’s early intervention can help you “get in front of” the investigation and perhaps save you months of anxiety and apprehension.

A Toronto criminal defence lawyer may even stop charges from being filed. If that’s not possible, and you’re charged with a crime, your lawyer may negotiate with the Crown prosecutor for a plea bargain agreement that’s reasonable and acceptable to all of the parties involved.

How Will Your Criminal Lawyer Defend You?

When an Ontario criminal defence lawyer goes to work on a white-collar case, the first step is examining the Crown prosecutor’s evidence. There may be flaws in the case and other ways to explain the evidence. A defendant may have been entrapped, coerced, or in some cases, framed. Your lawyer will also:

  1.  develop an aggressive and effective defence strategy on your behalf
  2.  ensure that the Crown prosecutor meets the disclosure obligations
  3.  identify errors in the criminal process such as violations of your rights
  4.  negotiate on your behalf, protect your rights, and offer the legal advice you need

To obtain a conviction for a white-collar crime, the Crown prosecutor must prove that a defendant had criminal intent. For example, if someone made an accounting or bookkeeping mistake that was genuinely a mistake and entirely unintentional, the defendant’s lack of criminal intent should prompt an acquittal by the jury or a dismissal of the case by the court.

Let Lorenzo & Hiroshi Criminal Litigation Defend and Represent You</h2> <p>In or near the Toronto area, if you are charged with a white-collar crime – currently or in the future – criminal defence lawyer Lorenzo & Hiroshi will fight for the justice you need and bring the matter to its best possible outcome.</p> <p>With almost twenty years of criminal defence experience, Lorenzo & Hiroshi and the legal team at Lorenzo & Hiroshi Criminal Litigation have built a reputation for excellence in the Toronto legal community. If you are charged with fraud, embezzlement, money laundering, identity theft, or any other white-collar crime in the Toronto area, contact our law offices at once.</p> <p>You can <a href="https://www.toronto-criminal-lawyer.co/fraud-charges/">schedule your initial legal consultation</a> with Lorenzo & Hiroshi Criminal Litigation by calling (343) 512-9314. If you are charged with a white-collar crime in Ontario, make the call immediately. We know what it takes to mount an effective defence on your behalf.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/felony-charges-and-white-collar-crime-fraud-embezzlement-and-insider-trading/">Felony Charges and White-Collar Crime: Fraud, Embezzlement, and Insider Trading</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> Bail and Pre-Trial Release: Navigating Felony Charges in Canada https://www.toronto-criminal-lawyer.co/blog/bail-and-pre-trial-release-navigating-felony-charges-in-canada/ Mon, 01 Apr 2024 06:58:46 +0000 https://www.toronto-criminal-lawyer.co/?p=13230 What Are Indictable Offences and Summary Offences in Ontario? Serious crimes in Canada are not referred to as felonies; they are “indictable offences.” Crimes comparable to misdemeanors are called “summary offences.” If you are charged with an indictable offence in Ontario, you will need to be represented by a Toronto bail lawyer. After an arrest, […]

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What Are Indictable Offences and Summary Offences in Ontario?

Serious crimes in Canada are not referred to as felonies; they are “indictable offences.” Crimes comparable to misdemeanors are called “summary offences.” If you are charged with an indictable offence in Ontario, you will need to be represented by a Toronto bail lawyer.

After an arrest, you’ll want to be released to return to your job and family, but what if the court imposes difficult or impossible conditions for your pre-trial release? An Ontario bail lawyer will work to arrange your pre-trial release with the most favorable conditions.

Canada’s bail system complies with the Canadian Charter of Rights and Freedoms, which establishes that anyone who is charged with a crime “has the right not to be denied reasonable bail without just cause.”

Which Suspects Are Eligible for Pre-Trial Release?

The police have the discretion to release a suspect who is charged with a minor crime if the suspect promises to appear in court. Depending on the specifics of the charge, suspects who are accused of more serious crimes must appear at a bail hearing in Ontario’s Superior Court or Court of Justice.

A bail hearing must be conducted within twenty-four hours (or as soon as possible) after the arrest. The following questions must be considered when the Superior Court or Court of Justice determines if it should permit a suspect’s pre-trial release:

  1.  Will the suspect’s pre-trial release pose a threat to public safety?
  2.  Will releasing the suspect cause the public to lose confidence in the justice system?
  3.  Will the suspect return for his or her scheduled appearance in court?

What Must Be Considered at a Bail Hearing?

Before a bail hearing, your Toronto bail lawyer will usually speak to the Crown prosecutor about your case. If the Crown believes you can be released, and if your lawyer agrees with the Crown about the conditions and terms of release, a consent release proposal will be offered to the court.

At most bail hearings (“Crown onus” cases), the burden is on the Crown to prove why a suspect should be denied pre-trial release. However, the most serious offences require a suspect to show why the court should allow a pre-trial release. These hearings are called “reverse onus” cases.

A bail hearing also must determine if a suspect is indigenous or belongs to a group that has been disadvantaged by systemic discrimination. This determination must comply with Supreme Court of Canada decisions regarding groups who historically have been disproportionately refused bail.

What Are the Conditions of Pre-Trial Release?

Suspects who are released on bail in Ontario must comply with explicit terms and conditions that are set forth by the court – conditions that address any risk that releasing the suspect may pose to specific individuals or to the general public.

One condition of pre-trial release, for instance, may be house arrest, which requires the suspect to remain at home (except in specific circumstances as spelled out by the court) while awaiting his or her trial. Other conditions that may be imposed for pre-trial release include:

  1.  wearing an electronic monitoring device
  2.  reporting to a peace officer on a regular basis
  3.  notifying the court of any address change or employment change
  4.  remaining in a specific territorial jurisdiction
  5.  surrendering any passports and any devices that provide access to the internet

The court may also order a defendant to refrain from communicating with his or her alleged victim or victims and to refrain from visiting particular locations.

Provinces and territories are obligated by law to monitor compliance with pre-trial release conditions. Any breach of the pre-trial release conditions may result in the revocation of bail. A bail breach may even trigger a new criminal charge and make pre-trial release almost impossible.

What Are a Victim’s Rights in the Bail Process?

If a court is considering the pre-trial release of a suspect charged with a crime of violence against a person – attempted, threatened, or actual violence – the Court must impose conditions that ensure the security and safety of the purported victim.

The court’s pre-trial release order must include a statement that the court considered the security and safety of the alleged victim when it made the decision to release the suspect.

Under the Criminal Code of Canada, the purported victim of a crime is entitled to request and receive a copy of the court’s bail hearing order (along with any conditions that are attached to the order).

If You Are Placed Under Arrest

Under the Canadian Charter of Rights and Freedoms, if you are placed under arrest, you must be:

  1.  told why you’ve been arrested and why you are being investigated
  2.  immediately told that you have the right to a defence lawyer
  3.  allowed to speak privately and as soon as possible to your lawyer if you ask to do so

After speaking to your Ontario bail lawyer, the police may ask you more questions. They have the right to ask these questions, but you have a right to remain silent, and you do not have to answer their questions.

The right criminal defence lawyer will handle every aspect of your case, from your bail to your sentencing or acquittal. But how can you locate a lawyer who will make your defence a priority and fight aggressively for the justice you need?

Charged With a Crime? Choose Lorenzo & Hiroshi Criminal Litigation</h2> <p>With over fifteen years of experience, criminal defence lawyer Lorenzo & Hiroshi has an impressive record of prevailing on behalf of his clients. He leads the legal team at Lorenzo & Hiroshi Criminal Litigation, where he has established a reputation for legal excellence.</p> <p>Defence lawyer Lorenzo & Hiroshi focuses on his clients’ best interests, and the team at Lorenzo & Hiroshi Criminal Litigation provides outstanding client service. We will answer your legal questions, address your concerns, and protect your rights at every step of the judicial process.</p> <p>If you need help with a bail hearing or with any other aspect of a criminal case in the Toronto area, now or in the future, call Lorenzo & Hiroshi Criminal Litigation as quickly as possible at (343) 512-9314. We will put the law to work for you and bring your case to its best possible resolution.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/bail-and-pre-trial-release-navigating-felony-charges-in-canada/">Bail and Pre-Trial Release: Navigating Felony Charges in Canada</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]> Challenges of International Travel for Sexual Offenders: Legal Boundaries https://www.toronto-criminal-lawyer.co/blog/challenges-of-international-travel-for-sexual-offenders-legal-boundaries/ Mon, 25 Mar 2024 14:46:04 +0000 https://www.toronto-criminal-lawyer.co/?p=13211 Can You Travel Outside of Canada After a Conviction for a Sex Crime? If you have been charged with any type of sexual offence in or near the greater Toronto area, you will need to be advised and defended by a Toronto sex crimes lawyer, and you’ll also need to reach out to that lawyer […]

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Can You Travel Outside of Canada After a Conviction for a Sex Crime?

If you have been charged with any type of sexual offence in or near the greater Toronto area, you will need to be advised and defended by a Toronto sex crimes lawyer, and you’ll also need to reach out to that lawyer at your first possible opportunity.

A conviction for a sex crime in Ontario may be penalized quite harshly. If you are charged with a sex crime, your defence lawyer will work to have the charges withdrawn or get the case dropped or dismissed, but if that’s not possible, your lawyer will certainly advise that you should take your case to trial.

At trial, your Ontario sex crimes lawyer will cast doubt on the prosecution’s evidence against you, explain to the jurors what actually occurred, and ask those jurors to find you not guilty.

What Happens if You Are Convicted of a Sex Crime?

However, if you are convicted of a sex crime in Ontario, you may be penalized with a lengthy prison sentence. Additionally, convictions for twenty-seven specific sex offences require convicted offenders to register with the National Sex Offender Registry (NSOR).

If you are a registered sex offender in Ontario, restrictions may be placed on where you can work and where you can travel. Registered sex offenders who intend to travel must provide notice of their travel plans in advance and report each address where they will be staying while traveling.

What is the NSOR?

The National Sex Offender Registry or NSOR is a national database that monitors convicted sex offenders in Canada. It provides law enforcement agencies with up-to-date information about convicted sex offenders, and it is also used as a tool in the investigations of sex crimes.

NSOR access is restricted to police agencies and is not available to the public at large. Police agencies must use the information for police purposes only. Misuse of the data by persons who are authorized to access it or by third parties who obtain it illegally may entail criminal penalties.

Canada’s Criminal Code lists twenty-seven distinct sex crimes that require mandatory registration with the NSOR upon conviction, including any sex crime that involves a child, all sexual assaults, and crimes such as sexual exploitation, incest, and bestiality.

What is Required of Registered Sex Offenders?

If you receive a sex crime conviction that requires you to register with the National Sex Offender Registry, you must comply with the following requirements:

  1.  You must re-register every year at the registration site nearest to your primary residence. There are over seven hundred registration centres across the nation.
  2.  You must advise that registration site, within seven days, of any name change, change of address, or change of employment.
  3.  You must advise that registration site, within seven days, of any plans to travel away from your primary residence for seven or more consecutive days.

What Should Registered Sex Offenders Know About Travel?

When they are planning to travel, along with advising the registration site that the travel will last for seven or more consecutive days, registered sex offenders must also provide the following information to the registration site:

  1.  the date of departure
  2.  the planned date of return
  3.  the addresses where they will stay while traveling
  4.  the actual date of return within seven days of returning

Registered sex offenders are typically allowed to travel internationally, but in order to monitor registered sex offenders who plan to travel outside of Canada, the National Sex Offender Registry may share with the Canada Border Services Agency a registered sex offender’s:

  1.  given name, surname, and any known aliases that the offender may use
  2. gender and date of birth
  3.  driver’s licence number and passport number

How is a Registered Sex Offender’s Information Used?

Law enforcement analysts will compare the information gathered by the Canada Border Services Agency against the details provided by the registered sex offender in order to verify the offender’s compliance with the travel regulations.

If a registered sex offender doesn’t comply with the travel regulations or provides false information to his or her registration site, that offender may be fined as much as $10,000 and/or sentenced to as much as two years in prison.

Are You Charged With a Sex Crime?

No guarantee can be made by any defence lawyer regarding any criminal case, but if you have been charged with a sex crime in the Toronto area, your best hope for avoiding a criminal conviction is to have the advice and services of an experienced Ontario sex crimes lawyer.

Of course, if your defence lawyer can have the charge against you dropped or dismissed, or if a jury finds you not guilty, you won’t have to worry about sex offender registration or obtaining permission to travel.

But if you are charged with a sex crime in or near Toronto, currently or in the future, it is imperative to be advised and represented by a Toronto sex crimes lawyer who will review the particulars of the charge against you and prepare an aggressive, effective defence strategy.

How Can You Find the Right Defence Lawyer?

If you’re charged with a sex offence in the Toronto area, Toronto lawyer Lorenzo & Hiroshi will handle your case, protect your legal rights, investigate what actually happened, and provide you with aggressive and diligent defence representation.</p> <p>If you are seeking to be removed from the National Sex Offender Registry, defence lawyer Lorenzo & Hiroshi will determine if you are eligible for removal. If you are, he will petition the court for your removal and guide you through each step of the removal process.</p> <p>Lorenzo & Hiroshi brings almost two decades of defence experience, along with considerable legal knowledge and skills, to every client and every case. The Lorenzo & Hiroshi Criminal Litigation legal team has built a reputation for superlative client service and courtroom excellence.</p> <p>If you are charged with any type of sex crime in or near the greater Toronto area, contact Lorenzo & Hiroshi Criminal Litigation immediately by calling (343) 512-9314. Our legal team will fight tirelessly to put the law on your side and to win justice on your behalf.</p> <p>The post <a href="https://www.toronto-criminal-lawyer.co/blog/challenges-of-international-travel-for-sexual-offenders-legal-boundaries/">Challenges of International Travel for Sexual Offenders: Legal Boundaries</a> appeared first on <a href="https://www.toronto-criminal-lawyer.co">Lorenzo & Hiroshi Criminal Litigation</a>.</p> ]]>