Author Archive

Drug and Resisting Arrest Charges Withdrawn

Posted in Assault, Criminal Cases (Non-Driving), Drug Charges

After a long night of drinking at a bar, N.G. was staggering home when he was approached by the police who, after speaking with my client, gave him a ticket for being intoxicated in a public place.  My client was upset by this and spat in the officer’s face.  This in turn upset the officer who attempted to arrest N.G.  An altercation ensued and my client was ultimately arrested and charged with Assault Resist Arrest as well as Possession of a Controlled Substance since they found marijuana in his pocket.  My client admitted to me that he had issues with alcohol and agreed to go for treatment.  He also participated in a drug diversion program in return for having the Possession charge withdrawn.  I was then able to convince the Crown that my client was addressing his problems and that he was a good young man with a bright future.  The Crown ultimately agreed to withdraw the assault charges against my client in return for him doing some community service. [CHARGES WITHDRAWN][NO CRIMINAL RECORD]

Convenience Store Owner Assault Charges Withdrawn

Posted in Assault, Criminal Cases (Non-Driving)

My client ran a convenience store and was concerned with a particular group of kids that he felt was stealing from him.  One day he confronted a young girl about this in the store.  A short while later, the police showed up and arrested my client for Assault.  The girl had gone home and told her mother that my client had yelled at her and tripped her as she exited the store.  After negotiations with the Crown, it was agreed that the Crown would withdraw the charge against my client in return for him entering a peace bond for one year with the condition that he not communicate or have any contact with the girl.

Acquittal of Domestic Assault Charges due to Cross-Examination

Posted in Criminal Cases (Non-Driving), Domestic Assault

My client was charged with a Domestic Assault in relation to an altercation that had occurred with his girlfriend at the time.  The matter went to trial and my client was ultimately acquitted.  The judge had serious concerns with the truthfulness of the girlfriend’s testimony based on my cross-examination that exposed several inconsistencies between her testimony at trial and her earlier statements to the police.  The judge could also not understand how my client had no injuries to his hand despite allegedly punching a glass window causing it to shatter.

Entertainment District Assault Charges Withdrawn

Posted in Assault, Criminal Cases (Non-Driving)

My client was charged with several counts of Assault and Assault Bodily Harm stemming from a brawl that occurred at a club in the entertainment district.  After a meeting with the Crown prosecutor and a judge where I argued that the Crown would have a very difficult time proving the charges against my client considering the chaotic scene at the club and the alcohol involved, the Crown agreed to withdraw the charges against my client in return for him entering into a peace bond requiring him to stay out of downtown Toronto for one year.  This was not a problem for my client who did not reside in the downtown core and had no reason to go there.

Obstructing Justice Charges Withdrawn, No Jail Time for Fraud Charges

Posted in Criminal Cases (Non-Driving), Fraud

My client, who had a criminal record, was charged with Obstructing Justice (a straight indictable offence) and Fraud for passing himself off as a lawyer and attempting to represent an individual charged with a criminal offence.  These were very serious allegations and the Crown was seeking a jail term.  On the date set for a preliminary inquiry, I had a meeting with the judge and the Crown attorney.  At the meeting, I managed to convince the Crown not to proceed on the Obstruct charge after arguing that my client’s actions did not make out the elements of that particular charge. My client then entered a guilty plea to the fraud charge.  At sentencing, the Crown still sought a jail term but I successfully convinced the judge to impose a suspended sentence with probation instead.

Charges Withdrawn for School Bus Mischief

Posted in Criminal Cases (Non-Driving), Youth Charges

My client, a young offender, was charged with Mischief along with several other youths for breaking into and causing significant damage to a school bus. Negotiation with the Crown resulted in the Crown agreeing to withdraw the criminal charge in return for my client completing ten hours of community service and entering into a common law peace bond with the condition that he stay away from the location where the incident occurred for one year.

Posted in Criminal Cases (Non-Driving), Drug Charges

My client was charged with Failing to Remain at the scene of an accident, Possession of a Controlled Substance and Breach of an Undertaking to a Peace Officer.  These charges all stemmed from a single motor vehicle accident in which it was alleged that my client had crashed his car and afterwards had fled the scene.  At the time he was on an Undertaking from previous outstanding charges with conditions that he not drive and that he not consume alcohol or non-prescription drugs.  The police also found a garbage bag with approximately one pound of marijuana outside the car.  I convinced the Crown that although there was some circumstantial evidence to suggest my client had been driving the vehicle, there was not enough to sustain a finding of guilt at trial.  Ultimately the Crown agreed to withdraw the charges in return for a $300 charitable donation.

Theft and Mischief Charges Dropped, Conditional Discharge for Assault

Posted in Assault, Criminal Cases (Non-Driving), Theft

My client had been charged with Assault with a Weapon, Theft and Mischief stemming from an incident that occurred at a convenience store late at night.  My client had already received two conditional discharges on separate occasions for similar types of offences.  My client told me he was innocent of the theft and admitted to the Assault although he told me that it was not as bad as the victim alleged. There were two innocent bystanders who witnessed the incident so my client stood little chance of being acquitted at trial.  After negotiations with the Crown, the Crown agreed to pull the theft and mischief charges and my client entered a guilty plea to the assault with a weapon after the Crown amended the facts that my client would admit to.  After submissions to the judge, my client received a conditional discharge.

Assault Causing Bodily Harm Acquittal from Unreliable Witnesses

Posted in Assault, Criminal Cases (Non-Driving)

My client had been charged with Assault Causing Bodily Harm.  Other lawyers had told my client that he stood very little chance of winning at trial and that they were able to negotiate a deal with the Crown for a suspended sentence, meaning that my client would have avoided going to jail.  He still, however,would have been placed on probation and most significantly, he would end up with a criminal record.  My client was convinced of his innocence because he felt that he had acted in self defence and was not prepared to enter a guilty plea.  At trial, I was able to establish that the complainant and other Crown witnesses at trial could not be believed.  Ultimately both the Crown and the judge thought my client should be acquitted which is what happened.

Drug Charges Dropped

Posted in Criminal Cases (Non-Driving), Drug Charges

My client was charged with Possession of a Controlled Substance stemming from a police search of his vehicle.  He had intentions of going to medical school in the United States and could not face the prospect of a conviction for a drug offence.  At first he tried to handle the matter without hiring a lawyer, and the Crown’s position was tough — they wanted to proceed on the charge and would not consider any sort of diversion program.  After T. came to see me, I reviewed the disclosure and had a meeting with the Crown to negotiate my client’s position.  Within a month, the charged were dropped, and medical school is still in the cards.

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