We've handled hundreds of criminal cases.
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Loaded handgun in a vehicle
A loaded handgun was found in the trunk during a traffic stop. We disputed possession, knowledge and awareness that the gun was loaded. After a two-day preliminary hearing the judge dismissed all charges for want of evidence.
Unauthorized firearm possession
Multiple firearms were seized under a search warrant. We focused on the lack of evidence of knowledge or control and on the delay in the case. All charges were withdrawn, avoiding a four-year sentence and deportation.
Firearm and drug possession
Drugs were found in a traffic stop and a firearm at the client's home under a warrant. Deficiencies in the warrant application led to the withdrawal of every firearm charge; the client pleaded to simple possession, the remaining drug counts were withdrawn and the seized money was returned.
Our legal team is ready to review your case. Call and speak directly with a lawyer.
Speak to a lawyerThere can be a number of legal defences that may be available in your case. The Charter of Rights and Freedoms might provide a defence for individuals whose rights were violated during the investigation, arrest, or search of their property. As a result of a Charter violation, the court may exclude evidence of the weapon at trial.
It is the Crown's onus to prove possession beyond a reasonable doubt. Possession-related offences require knowledge and control. A firearm found in a car or a house doesn't mean that the Crown can prove possession beyond a reasonable doubt. In many instances, these locations are frequented by more than one person.
Firearm-related charges are very serious and require lawyers with specialized knowledge. At Kahlon Law, the firm will examine all aspects of the offence and choose from an array of strategies to raise reasonable doubt and prove your innocence.
If you face indictment, you will have the liberty to choose your mode of trial. You can be tried by a judge alone or by a judge and jury. A criminal defence lawyer will help you choose the best course of action.
If the police arrest you for any offence, you still retain all your legal and constitutional rights, which include the right to consult a lawyer, the right to obtain bail, and more. The police must allow you to speak to your lawyer before taking your statement. In such a scenario, it is advised that a good criminal defence lawyer be contacted so that you, being a layperson in terms of legal issues, do not make a grave mistake.
The next step after arrest is to obtain bail. The Crown almost always opposes bail in cases involving firearms. Obtaining bail in firearms cases is also much more difficult than in the past. Despite this, Kahlon Law has had great success in obtaining bail for clients charged with firearm-related offences.
At a bail hearing, the lawyer will argue before the judge or a justice of the peace as to why their client is legally entitled to be released. If you are in Ontario and ever find yourself in a situation where you are or might be arrested, give us a call at 416-502-8555 and rest assured that there will be a licensed professional looking out for your freedom and well-being.
Possession of a firearm without a licence, or without an authorization and registration certificate for prohibited or restricted firearms, carries serious sentences depending on the circumstances of the offence. The prosecution can choose to proceed with any firearm possession charge either as an indictable offence or as an offence punishable on summary conviction. Offences punishable by summary conviction also carry jail time, ranging from six months to two years, depending on the possession charge. If you or your loved one are facing possession of firearm charges, enlist the services of an experienced firearm offence lawyer in Toronto. Kahlon Law will help you avert or alleviate the charge's severe sentences.
As per Section 99 of the Criminal Code, every person commits a weapons trafficking offence if they manufacture, transfer, or offer to do either. Anyone charged with trafficking firearms is guilty of an indictable offence and can face a jail sentence of up to 10 years. Some trafficking offences also carry mandatory minimum sentences of 3 years for the first offence and 5 years for a second or subsequent offence. Gun laws are undergoing many changes, especially regarding the repealing of mandatory minimum sentences. This is why it's crucial to have an experienced and knowledgeable lawyer by your side, as they will use these developments to your benefit. If you're charged with weapons trafficking, contact Kahlon Law immediately.
"Weapons dangerous" refers to carrying or possessing a weapon for a dangerous purpose. Section 88 of the Criminal Code defines this offence as follows: every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device, or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
A purpose dangerous to the public peace is any action that disturbs the status quo of society or any harmful behaviour towards the people. Possession of weapons for a dangerous purpose is a hybrid offence. If the Crown proceeds by indictment, one can face a jail sentence of up to 10 years.
This means carrying a weapon while concealing it on your body or in your belongings. If you're arrested for carrying a concealed weapon, the Crown Attorney's Office holds the cards on how to proceed with the prosecution, i.e., through indictment or summary conviction. Several factors determine how they proceed, such as why you were carrying a concealed weapon and your prior convictions, if any. As an indictable offence, carrying a concealed weapon carries a sentence of up to 10 years in prison. There are also mandatory minimum sentences for some charges involving a concealed weapon. With such severe penalties, it's essential to have a highly experienced lawyer when facing such or related weapon offences.
Having a prior conviction may act as an aggravating factor during sentencing. Aggravating factors are elements that may increase the severity of a case. Having a prior conviction may lead to a more severe sentence, especially for the same criminal charges, as it shows less chance for rehabilitation and a higher risk to the public. A previous conviction will make you ineligible for first-time offender mitigation.
Within the police service, special units are created to investigate specific cases. One of these special units is the Guns and Gangs Unit, which investigates major crimes, particularly organized crimes such as gun and drug trafficking gangs and syndicates. Their investigations are often large, long-term, and extensive, and they may entail surveillance and undercover work. These cases are sometimes referred to as Project Cases, and they involve serious charges, including conspiracy, attempted murder, and violent offence allegations. Such cases carry severe long-term penalties. If you're charged with such a case, contact Kahlon Law. The firm has experience in complex and major crimes, along with the required knowledge and advocacy skills to litigate your case.
The Charter of Rights and Freedoms in Canada provides and guarantees rights and freedoms to its people. These rights must be adhered to by the police as they conduct investigations, arrests, and when charging you with a crime. The Charter is one of the best defence strategies a lawyer can use. The Charter guarantees certain rights to the accused, which must be adhered to by the police during the investigation of the circumstances that led to the arrest, including the collection of evidence and obtaining warrants. At Kahlon Law, the firm thoroughly reviews all disclosure documents to check if any rights were breached. If they were, we can challenge the charges and work towards having any evidence and statements obtained illegally excluded, which can significantly weaken the case against you.
If you meet the eligibility requirements for legal aid, you can get assistance from Legal Aid Ontario. One of the main qualifying factors is financial disadvantage. Depending on the type of legal assistance you require, your financial status, and other factors, LAO may cover some or all of your legal costs.
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