Posts Tagged ‘No Criminal Record’

Theft Charge Withdrawn

Posted in Criminal Cases (Non-Driving)

Client contacted by police and advised of warrant for her arrest for an alleged theft that was caught on camera – Arranged for Client to surrender herself to police – At bail hearing Crown agrees to withdraw charge and client released unconditionally – No Criminal Record.

Charges Withdrawn for Possession of Property Obtained by Crime and Possession for the Purpose of Trafficking

Posted in Criminal Cases (Non-Driving)

Drugs and stolen property found in client’s apartment after police search apartment when responding to an unrelated call – Crown agreed that search of apartment was illegal and a breach of Client’s right under section 8 of the Charter to be free from unreasonable search and seizure. Crown agreed that there was a good chance evidence of drugs and stolen property would be excluded at trial – All Charges withdrawn by Crown after client completes some community service – No Criminal Record.

Impaired Driving and Over 80 Reduced to Careless Driving Charges

Posted in Criminal Driving Cases, Impaired Driving, Over 80

My client was charged with Impaired Driving and Over 80. The police observed my client driving on the 401 for several minutes and video recorded it with a camera installed in their police cruiser. R.J., who had difficulty understanding English was eventually stopped and immediately arrested for Impaired Driving. He was taken to the police station where he blew over the legal limit and was additionally charged with Over 80. I filed a Charter application alleging that my client’s right to counsel was violated as he was not put in touch with a lawyer who could speak his language. After I completed my cross-examinations of the investigating officers, I established that the police were clearly having difficulty communicating with my client and that he was not communicated his rights in a way he could properly understand. My cross-examination of the arresting officer also revealed that his recollection of what had occurred that night was very limited. As a result, the Crown agreed to accept a plea to Careless Driving under the HTA instead of proceeding with the drinking and driving charges. My client was more than happy to take the deal.

Motorcycle Dangerous Driving and Flight from Police Charges Dismissed

Posted in Criminal Driving Cases, Dangerous Driving

My client was charged with Dangerous Driving and Flight from Police.  It was alleged that N.M. was riding a motor cycle at more than 190 km/hr on the 404 and that when a police cruiser attempted to pull him over at a stop light on an exit ramp, N.M., took off at extremely high speeds and got away.  The police got the license plate of the bike and interviewed the registered owner who claimed that my client was in possession of the bike at the time of the incident and that my client had confessed to him everything that the police alleged had occurred.  At trial, after my cross-examination of the owner of the bike, I exposed several inconsistencies between what the witness had told the police in a video recorded interview and his testimony at trial.  Ultimately the Crown invited the judge to dismiss the charges against my client.

Failure to Remain Charges Withdrawn

Posted in Criminal Driving Cases

F.M. contacted me after receiving a call from police who were investigating an incident in which a vehicle registered in his name hit a parked car late at night.  Both vehicles sustained serious damage and F.M.’s vehicle was then driven to his home.  The police attended the home shortly after the accident occurred and knocked on the door but no one answered.  They suspected that F.M. had been driving impaired and had not remained on the scene of the accident in order to avoid being charged.  The following day, I attended the police station with my client and the police tried to get him to give a statement.  My client exercised his right to silence and the police subsequently charged him with Failing to Remain at the Scene of a Collision (7 demerit points), Careless Driving (6 demerit points) and Operate Unsafe Motor Vehicle, all under the Highway Traffic Act.  At Provincial Offences Court, I convinced the prosecutor that they would have a very difficult time proving that my client was the driver of the vehicle.  The prosecutor ultimately agreed to withdraw the Fail to Remain and the Careless Driving and my client entered a guilty plea to the Operate Unsafe Motor Vehicle.  He received a fine and no demerit points.

No Criminal Record for Price Tag Switching and Theft

Posted in Criminal Cases (Non-Driving), Theft

My client entered a guilty plea to a Theft charge after she was apprehended in a department store by a security guard who had been following her around the store for some time and who noticed her switching price tags on several items.  A search of B.P.’s purse revealed a price gun and a large number of price tags.  An employee at the store who saw my client get arrested also claimed that she had switched the tag on a high priced item sometime the year before but that she had left the store before the theft had been discovered.  My client had originally been charged with that historical theft as well but I successfully convinced the Crown that there was no reasonable prospect of conviction on that charge since the store employee had no idea when in the last year the theft had occurred.  At the sentencing hearing, I successfully convinced the judge that, in my client’s circumstances, a conditional discharge was appropriate. [NO CRIMINAL RECORD]

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.

Page 1 of 212»