Burlington Criminal Defence Lawyer

Daley, Byers have a broad range of experience when it comes to defending criminal charges. They have dealt with cases at all levels of the court, Ontario-wide, for over 35 years.
This kind of experience brings a wealth of knowledge and expertise to all manner of criminal charges, and all aspects of criminal defence.

This experience not only establishes an intricate knowledge of Canadian criminal law, but also a unique tie to the Ontario court system. Having successfully defended cases in pretty much every court in Ontario provides a propitious opportunity to build solid relationships with the people who work in courts and the judicial system, such as prosecutors, crown attorneys, judges, court clerks and court officers.

This type of established rapport will only serve to aid your defence. Daley, Byers have favorably defended numerous cases in the Burlington and Milton court system, and are familiar with the proceedings in the Burlington and Milton court offices. All Burlington cases initial start at the courthouse in Milton. The Milton Court House is located at 491 Steeles Ave E, Milton, ON L9T 1Y7. The Burlington Trial matters are conducted at the Burlington Court House located at 2015 Plains Rd E, Burlington, ON L7R 5B3.

Daley, Byers treat all clients to the total defence approach, meaning no stone will be left unturned in preparing an optimal defence. This helps provide peace of mind to individuals that have been charged with a criminal offence, knowing they are not alone when it comes time to face the charges. We call it our best criminal lawyer defence. It includes

• Diligent attention to every detail of your case;
• Our best communication with you, – you are an integral part of our team and you need to be kept informed on all aspects of your case;
• Payment plans that are mutually compatible;
• Aggressive and professional approach to your defence.

Daley, Byers will ensure every client is adequately prepared and educated about the charges they are facing, and the options for defending them.
Whatever criminal offence you may have been charged with, Daley, Byers will provide you with our best criminal lawyer defence.

Areas of Practice

Daley, Byers have won thousands of criminal cases across Ontario, spanning all facets of criminal law.

Some of these areas of experience are:

• Domestic offences – assault, mischief, unlawful confinement,
• Sex offences – sex assault, child pornography charges, child luring, sexual interference
• Distribution of intimate images
• Assault, assault cause bodily harm, assault with a weapon, assault to resist arrest
• Driving offences – impaired driving, driving over 80, dangerous driving, fail to stop, refuse breath sample, refuse blood samples, criminal
• negligence
• Theft
• Drug offences
• Fraud
• Bail – we are available 24/7 and often conduct bails on weekends
• Weapons and firearms
• Other criminal charges
• Young offender

This selection of areas practiced is not an exhaustive list, so if you are looking for assistance with a charge not listed, please contact the office for more information.

Domestic Offences and Family Violence

Daley, Byers have a high success rate when it comes to defending domestic charges. Domestic assault and other domestic charges can carry serious consequences if convicted. There are number of different ways that these cases can be defended. Sometimes a peace-bond is negotiated and all charges are dropped. Sometimes it is necessary to take the case to trial to seek an acquittal.

Some of the domestic offences Daley, Byers have successfully defended are:

• Domestic assault
• Sexual assault
• Assault with a weapon
• Assault causing bodily harm
• Forcible confinement
• Criminal harassment
• Mischief under 5000
• Mischief over 5000
• Uttering threats

Domestic Assault

A substantial portion of domestic disputes result in one of the parties involved being charged with a criminal offence. A lot of times, after both parties have had time to calm down, the complainant will want to drop the charges, realizing they made a mistake.
However, once charges have been laid, it is no longer up to the complainant to see them carried out; but input from the complainant is an important factor to be considered by the Crown.
There are many different levels of assault – a kiss can be an assault – any non-consensual touching constitutes an assault. The more danger or harm created by an assault, the more serious the criminal process. Allegations of choking for example is taken very seriously by the Crown and the Courts. In addition, evidence of injury or lack thereof is all an important aspect of assault cases.

Utter Threat

Even just threatening to inflict harm or violence against another individual can result in a criminal charge.
Daley, Byers will look to have these charges withdrawn, as many of these cases have little evidence to support either party.
Many domestic offences come down to “he said vs. she said”. That is why it is recommended to contact a lawyer immediately before volunteering information to the courts or police.

Forcible Confinement

In many domestic arguments, one party does not want the other to leave until the discussion is resolved. This often gives rise to the offence of Forcible Confinement – ie. not letting someone leave – or making them stay by threat or force. Again, this often reduces to a “he said, she said” case. Satisfying the burden of proof beyond reasonable doubt is difficult in these situations.

Mischief under 5000, Mischief over 5000
In the context of domestic altercation property can be damaged. The most common case is damage to a cell phone. However, damage to windows, doors, cars, televisions, computers etc is not uncommon. Most often we are able to negotiate a withdrawal of the charge with restitution to cover the damage.

Assault with a Weapon (domestic context)

Surprisingly to many, almost anything can be construed as weapon. In numerous cases, a cell phone thrown at someone constitutes a weapon. A coffee cup can qualify as a weapon. Many domestic assault cases involve something being tossed in the direction of the other party in a moment of frustration. This will give rise to the charge of assault with a weapon. Obviously an actual weapon such as a knife or a screwdriver will qualify as well.

Sexual Assault (in a domestic relationship)

It doesn’t matter that a domestic relationship exists. If a party does not consent to sexual contact, then a charge of sexual assault is made out. We have defended numerous cases where a spouse has made allegations of historical sexual assault. These are difficult for the Crown to prove, unless there is some type of corroboration potentially through medical records or timely complaints made to others at or close to the time of the alleged offence. In addition, the mere fact that there is a domestic relationship makes these cases more often than not, difficult to prove.