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If you have been charged with a criminal offense

If you have been charged with a criminal offense

by | Mar 1, 2023 | bail

If you have been charged with a criminal offense, the first thing you should do is find a good criminal defense lawyer. A criminal defense lawyer can help you navigate the legal system and protect your rights. In this blog post, we will discuss the importance of hiring a criminal defense lawyer and how to find the right one for your case.

Why You Need a Criminal Defense Lawyer

If you have been charged with a crime, you need a criminal defense lawyer. The criminal justice system is complex and can be overwhelming. A criminal defense lawyer can help you understand your rights, explain the charges against you, and help you navigate the legal system.

A criminal defense lawyer can also help you build a strong defense. They will investigate the case, interview witnesses, and gather evidence to support your case. They will also represent you in court and negotiate with prosecutors to try to get the charges against you reduced or dismissed.

How to Find the Right Criminal Defense Lawyer

Finding the right criminal defense lawyer can be a challenge, but there are several things you can do to make the process easier. Here are some tips to help you find the right criminal defense lawyer for your case:

1. Look for a Lawyer with Experience in Criminal Defense

Criminal defense is a specialized area of law, and you want to make sure that the lawyer you hire has experience in this area. Look for a lawyer who has handled cases similar to yours and has a track record of success.

2. Check their Reputation

Check the lawyer’s reputation by reading reviews and testimonials from previous clients. You can also check their ratings on legal directories like Martindale-Hubbell or Avvo. A lawyer with a good reputation is more likely to provide quality legal representation.

3. Meet with the Lawyer

Schedule a consultation with the lawyer to discuss your case. Use this opportunity to ask questions and get a feel for the lawyer’s communication style. You want a lawyer who will listen to your concerns and explain the legal process in a way that you can understand.

4. Consider their Fee Structure

Before hiring a lawyer, make sure you understand their fee structure. Some lawyers charge by the hour, while others charge a flat fee or work on a contingency basis. Make sure you know what you will be expected to pay and when.

5. Trust your Instincts

Finally, trust your instincts. If something feels off, it probably is. You want a lawyer who you feel comfortable with and trust to represent you in court.

Careful search of information sources in active cooperation with the authors of Writemypapers.org

Careful search of information sources in active cooperation with the authors of Writemypapers.org

by | Jan 27, 2021 | Uncategorized

Essay Writing Service Writemypapers.org

Writing an essay is, to put it mildly, an absolute nightmare. If it’s a small topic that you’re not particularly fond of, doing all the hard work can be time-consuming and downright frustrating, and writing is even more tedious, especially when it’s a relatively small topic.

Research and selection of the optimal project topic

One of the services you can consider is the online article delivery service. These services offer several different formats such as articles, stories, and even reports, meaning you can use them to write your essays.

The good news is that most of these websites provide their authors with samples of essays they have already written, and the reason for this is that they have done some research and then can show examples of their work. This means that you know exactly what you are getting into and there are no hidden costs or delays.

Satisfaction with the services of Writemypapers.org

It is also worth noting that most of these services are not disappointing in terms of results. Several companies offer quality results, and each will provide you with feedback and recommendations on their customers so you know you are getting the best possible service.

  • Second, it also means that you can spend more time researching and finding topics and areas of interest that you may not have thought about.

A good way to decide which one to use is to ask them for a sample and then check essay writer to see if you agree with them. Keep in mind that different writing service providers will have different rates, and you should ask a few different questions before deciding which one to go with.

Another thing you can do is look on the Internet and see what other people think of a good service provider. Think about what other people think and ask them if they think it would be good for you to work with them.

Voyeurism

Voyeurism

by | Oct 29, 2019 | voyeurism

Let’s Take a Peek at Voyeurism  section 162 Criminal Code

Cases of voyeurism seem to be constantly in the news.  On October 3, 2019 it was reported that Waterloo police had another Peeping Tom investigation in the Waterloo university district involving a cell phone that was seen being held. up to a kitchen window.  About a week earlier a similar complaint was made regarding a cellphone up to a bedroom window. At Daley, Byers we have defended most every imaginable scenario of voyeurism allegations; from cell phone pictures up dresses, to cameras in air vents, to a camera in toothpaste tube carefully placed in a public shower, to peep holes through walls, to cell phone pictures in change rooms and bathroom stalls, to a simple case of a Peeping Tom and the list goes on and on. 

There are a number of potential defences to the charge of voyeurism

Section 162 if the Criminal Code creates the offence of voyeurism and it reads as follows.

  1. 162 (1)  Every one commits an offence who, surreptitiously, observes, including by mechanical or electronic means- or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if

(a) the person is in a place in which a person can reasonable be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity,

(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state, or engaged in such an activity; or

(c) the observation or recording is done for a sexual purpose

(5) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding 5 years; or

     (b) is guilty of an offence punishable on summary conviction.  

Obviously, an expectation of privacy is crucial to the charge of voyeurism.  The crown must prove that the complainant had an expectation of privacy in the circumstances of the case.

In addition, many times the case is contingent upon pictures being found on a cell phone.  The search of the phone must be legally authorized failing which the pictures are not likely to be admitted into evidence.

In cases, where pictures are found on a phone, the Crown must prove that the pictures were taken without consent.  Often the search may reveal pictures, but the individuals cannot be located (up dress pictures, pictures on a beach, pictures in a shopping mall).  Although there may be a collection of pictures, the Crown must prove the pictures were taken sureptiously.

In some cases of voyeurism, it is possible to resolve by way of a plea to another charge.  We recently resolved a charge of voyeurism to a charge of mischief contrary to s. 430 (c) – obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property.  It is also important in voyeurism cases to be cognizant of the requirement for registration under the Ontario Sex Offender Registry often referred to as Christopher’s Law in certain instances and how this can be avoided.

If you are charge with voyeurism give us a call for a free consultation and hopefully we will be able to assist you through the process for a  favourable result.

Distribution of Intimate Images “revenge porn”

Distribution of Intimate Images “revenge porn”

by | Oct 22, 2019 | sexual charge

Courts are issuing Harsher sentences

Section 162.1 of the Criminal Code creates the offence of publishing, distributing, transmitting, selling or make available or advertise an intimate image of a person without that person’s consent.

The definition of intimate image any visual recording made by any means including a photographic, film or video recording;

  1.  In which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;
  2. Where at the time of the recording there were circumstances that gave rise to a reasonable expectation of privacy;
  3.  Where that reasonable expectation of privacy exists at the time of the offence. 

Distribution of intimate images is often referred to as revenge porn.  It most often occurs where a couple has originally created a consensual recording, or one person may have sent a provocative picture to a partner on the presumption that it will remain between the 2 of them.  Then of course, they break up and the intimate image(s) are then displayed on social media of some sort.  

According to a recent article in the LAW TIMES quoting form research published in the “Canadian Journal of Law and Society” on May 13 Judges are imposing harsher sentences as a means of sending a message to the general public (general deterrence) that this activity will not be tolerated.  Ie. “Think before you text”. 

The report states that Judges are viewing the harm caused by the distribution of intimate images as extremely impactful.   

Prior to the easy access of social media, taping photos on bathroom stalls or distributing video tapes in mailboxes were methods used to distribute intimate images.  However, with the arrival of social media and the scope of the publication and distribution now available, the courts have stated that the digital/online technology has made the act of the distribution of intimate images more impactful.

With respect to the appropriate sentence, the factual context is important.  

Is the distribution of an intimate image a youthful act of emotional upset due to a break up?

Is the distribution of an intimate image a continuation of a long abusive domestic relationship?

Where and how was the intimate image distributed?  For example, in some instances the pictures/videos are sent to family members or close friends of the individual depicted in order to cause extreme embarrassment.  In some case the intimate images are shown to friends as a form of showing off.  

In some cases, the intimate images are displayed on porn sites for the world to see.  

Also, the perspective of the complainant will be considered by the Crown and the Court with respect to resolution and disposition.

Regardless, it is clear that the Courts are treating the distribution of intimate images as an extreme violation of privacy.

 

The Criminal Code sets out the range of sentence at s. 162.1(1).

If the Crown proceeds by way of indictment  – jail up to 5 years

If the Crown proceeds by way of summary conviction – up to a $5000.00 fine, up to 6 months in jail or a combination of both.

There are a number of defences to the charge of distribution of intimate images.    

Another closely related charge to the distribution of intimate images is the offence of Voyeurism as it includes the surreptitious creation of recordings of a  person who is in circumstances that give rise to a reasonable expectation of privacy. We will discuss this charge of Voyeurism in our next article.

Another Hit and Run

Another Hit and Run

by | Oct 15, 2019 | Hit and Run

Another Hit and Run (Fail to Remain at the Scene of an Accident H.T.A)

(Failure to Stop at Scene of Accident s. 252(1) Criminal Code)

Toddler injured in Toronto October 13 – the driver and passenger failed to remain! On Sunday morning as reported in the Globe and Mail a hit and run driver severely injured a 20-month-old boy who was in a stroller on a sidewalk. Apparently 2 individuals exited the motor vehicle and saw the toddler’s injuries.  One got back in the car and drove away, the other allegedly ran away.  Fail to remain at the scene of an accident coupled with leaving someone injured is considered by the Courts to be both cowardly and selfish act.  It is assumed that the failure to remain is to avoid taking responsibility for their conduct.  In our 38 years of criminal law defense work, I have come across numerous reasons that writing paper individuals have failed to remain at the scene of an accident. 

Some examples of the reasons former clients have failed to remain:

  1. They don’t have insurance on their motor vehicle.
  2. Their car contained a significant number of drugs.
  3. They had been drinking and wanted to avoid an impaired driving charge.
  4. They were trying to avoid the consequences of the actual driving that caused the accident. 
  5. They had to get to work.
  6. There was a warrant out for their arrest.

With respect to the incident this weekend on Toronto streets, Mayor John Tory again stepped in to provide his views on the inadequacies of the judicial system.  “I fully support an increase in penalties for those involved in collisions with pedestrians and steeper consequences for those who flee the scene.”

Quite frankly I wish municipal politicians would keep their views regarding the efficacy of the judicial system to themselves.

Firstly, there are significant penalties imposed in accident cases.  The Courts consider, the nature of the driving, the sobriety of the driver, the injuries (or death), and of course whether the accused remains at the scene of an accident. In the case of R. v. Muzzo, the court imposed a 10-year sentence. 

The Criminal Code provides:

  1. Dangerous driving s. 249 (also referred to as dangerous operation)
  • Up to 5 years in jail
  1. Dangerous driving cause bodily harm s. 249(3)
  • Up to 10 years in jail
  1. Dangerous driving cause death s. 249(4)
  • Up to 14 years in jail
  1. Fail to remain (Fail to Stop at the Scene) s. 252
  • Up to 5 years in jail 
  1. Fail to remain cause bodily harm (Fail to Stop at Scene)s. 252 (1.2)
  •  Up to 10 years in jail
  1. Fail to remain cause death (Fail to Stop at Scene) s. 252(1.3)
  • Up to life in jail

There are numerous other charges that carry significant penalties.

Criminal Negligence cause bodily harm  s. 221

  • Up to 10 years in jail

Criminal Negligence cause death    s. 220

  • Up to life in jail

Flight from Police s. 249.1 

  • Up to 5 years in jail

Flight from Police cause bodily harm s. 249.1 (4)(a) 

  • Up to 14 years in jail

Flight from Police cause death s. 249.1 (4)(b)

  • Up to live in jail

 

The Courts do consider all the aggravating factors when deciding on the appropriate sentence and attempt to balance those factors against the individual circumstances of the accused.  Long jail sentences are regularly imposed in cases of significant injury or death.

With the increase in the number of cars on the streets and the increase in the power and speed of vehicles, it is important that driving safely be emphasized.  The new laws on distracted driving clearly have helped. Perhaps photo radar should be re-implemented as it will slow people down.  

The real point of this article, however, is to clarify that the Courts are doing their job, the Justice system is working, and in cases of Fail to remain (Leave the Scene as it is referred to in the Criminal Code), where there is bodily harm or death, the sentence imposed will take into account the gravity of the situation. Note that the Courts can and do impose a driving prohibition and a license suspension is automatic under the Highway Traffic Act in addition to what the rest of the sentence may include.  

As defense counsel it is our job in these cases to determine if the Crown can actually prove the charge. If not we will go to trial as everyone is innocent until proven guilty.   On the other hand, if the Crown can prove the charge it is our job to present mitigating circumstances so that a proper balance can be achieved between the competing interests of general deterrence and personal rehabilitation.  

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