by admin1

A Guide to Sexual Assault Charges And Their Consequences

Being charged with a sexual assault crime can be a traumatic and overwhelming experience. It’s important to remember that you have the right to seek legal advice from a criminal defence lawyer who focuses on sexual assault cases. A seasoned sexual assault lawyer can provide you with the strongest possible defence against criminal charges, ensuring that your rights are protected at every stage of the legal process.

What is Sexual Assault?

Sexual assault is defined in Section 271 of the Criminal Code of Canada as any form of sexual activity without the consent of the other person. This encompasses unwanted physical contact, such as touching, kissing, fondling, and penetration.

Types of Sexual Assault Charges

There is a range of sexual assault offences that an individual may face, including:

• Aggravated Sexual Assault: This is the most severe form of sexual assault, which involves the use of weapons, physical harm, or threats of physical harm to the victim.

• Sexual Interference: This criminal offence encompasses sexual contact with any part of a person under the age of 16 for a sexual purpose.

• Sexual Exploitation: This type of sexual assault involves exploiting someone who is in a position of trust or authority over the victim, such as a teacher or coach.

• Voyeurism: This offence entails secretly observing or recording someone for a sexual purpose without their knowledge or consent.

A lack of consent in sexual contact will be grounds to lay charges against you. Any unwanted sexual touching, physical contact, sexual abuse, or sexual activity conducted by a person unto another is grounds for legal action.

What To Do If the Police Contact Me?

If the police contact you regarding a sexual assault charge or sexual abuse allegations, it’s vital to keep in mind that you have the right to remain silent and not answer any questions without seeking legal counsel first. It’s also important to remember that any statements made can be used against you in court.

Sexual assault allegations are largely based on the testimony of the complainant. Exercising your right to remain silent is of extreme importance as any information provided can be used against you in the trial if you choose to testify.

What Can a Sexual Assault Lawyer Do For Me?

An criminal defence lawyer Toronto can provide you with the best possible defence against the charges, making sure your rights are protected throughout the legal process. Defence counsel will examine all the evidence and construct a solid defence strategy on your behalf.

In a sexual assault trial, the credibility of the complainant is often the determining factor, and the defence counsel will work to challenge any inconsistencies in their testimony. Criminal lawyers will also make sure your rights are respected and that you receive a fair trial.

Legal team at Kahlon Law will work hard on your specific matter to get the best possible outcome for you. We will provide you with legal advice on what the best available options are for you regarding your case. Our criminal defence lawyer will review the disclosure in-depth seek out any legal issues with your case and advise you of the triable issues. If the matter goes to trial, your lawyer will build a strong defence for your case. The lawyer will also explore all available defences applicable to your case including mistaken belief in consent.

In addition, a assault lawyer with experience will help you understand the legal proceedings and answer any questions you may have about your case.

The Court Process

A criminal charge of sexual assault involves a complex court process that starts with an arrest and determination of bail. The Crown pre-trial conference is the next step, followed by a judicial pre-trial and then a trial if required.

An individual with legal representation may argue various criminal defences, such as the sexual conduct being consensual or mistaken belief in consent. However, if the evidence presented at trial shows that the sexual conduct was non-consensual, the accused may face life in prison for this indictable offence, which is considered a serious sex offence.

Sentences

Sentences for sexual assault offences vary based on the severity of the crime and the specific circumstances. Typically, a sexual assault involving penetration carries a more severe sentence than one involving unwanted touching or fondling.

The maximum sentence for a simple sexual assault conviction is ten years in prison, but the actual sentence imposed will depend on the specific case and any aggravating or mitigating factors. If the victim is 16 years or younger, the accused can face up to 14 years in prison. Although mandatory minimum sentences were previously applicable for sexual interference, the court ruled them unconstitutional.

The individual’s professional life may also be impacted as sexual assault is considered an offence punishable by law, and a conviction can have significant consequences such as jail time and a criminal record.

What is SOIRA?

The Sex Offender Information Registration Act (SOIRA) is a federal law in Canada that mandates individuals convicted of certain sexual offences to register with the police. The goal of this legislation is to protect vulnerable individuals by providing police with information about charges resulting in sexual assault convictions. Under the Sex Offender Registry, individuals must provide their name, address, date of birth, and other personal information to the police, which is then entered into a national database accessible by law enforcement agencies across Canada.

A person receiving a conditional discharge will not be required to register under the Sex Offender Registry. However, if the person is convicted of a sexual offence, they will be required to register for a period of 10 years, 20 years or life depending on the severity of the offence. An experienced Sexual assault lawyer can help you understand your rights and obligations under SOIRA and provide advice on how to best navigate this process.

by admin1

Why You Need to Hire a Criminal Lawyer In Mississauga Ontario

Why Hire a Criminal Lawyer in Mississauga?

When you are charged with a criminal offence, the consequences can be severe, including fines, imprisonment, and a criminal record. This is why it is important to seek the help of a qualified criminal lawyer. A criminal lawyer can provide guidance, support, and advice throughout the legal process and work to protect your rights and interests. They will help you understand the charges laid against you and what your options are. A criminal defence lawyer will provide a defence strategy and explain the possible outcomes of your legal matter.

 

What to Look for in a Criminal Lawyer in Mississauga

When selecting a criminal lawyer Mississauga, it is important to choose someone who is experienced, knowledgeable and has a good reputation. Below are some key factors to consider when choosing a top criminal lawyer Toronto for your case:

• Experience: It is important to choose a criminal lawyer who has successfully handled cases similar to yours and avoided a criminal record.
• Reputation: Review the lawyer’s website and online presence in order to get more information on them. You can read reviews left by clients on their website and if you have been referred by someone, you can ask them about their experience with the lawyer and reputation.
• Communication: A key aspect to look for in a criminal lawyer, is communication. Are they easily accessible to talk, whether it be through email or phone calls? Does the lawyer take the time to explain and answer all your questions in a way that is understandable?

At Kahlon Law, our team takes pride in handling your case from the beginning to the very end. At our law firm, we are committed to providing professional guidance while striving to obtain the best outcome for your case. From the moment our firm is retained, we will be with you every step of the way! Contact us today for a telephone consultation.

Criminal Offences

Our criminal defence law firm has a wide range of extensive experience in the following criminal matters, but not limited to:

• Impaired Driving – Over 80
• Dangerous Driving
• Sexual Assault charges
• Domestic Assault
• Gun Offences
• Drug Charges
• Assault Charges
• Theft Charges
• Youth offences

Stages of Criminal Proceedings

If a person is accused of committing a crime in Ontario, they will go through a series of steps in the criminal justice system. Below are the general stages of a criminal proceeding in Ontario:

1. Arrest: Upon being arrested you will either be released by the police or held for a bail hearing. If released on an undertaking, you will be provided conditions you must follow along with the date of your court appearance.
2. Bail Hearing: Typically, within 24 hours of an arrest, an accused person will have a bail hearing. During the hearing, a justice will determine whether the accused will be released or remain in custody for the remainder of the case. An Assault lawyer will help you create a viable release plan.
3. Disclosure: All the evidence held by the Crown related to the case will be provided to the defence lawyer. Typically, this is provided closer to the first date and shared with the lawyer digitally.
4. Pretrial Conference: This is a meeting between the prosecutor and your defence lawyer. At the meeting, discussions will be held regarding your case and determine if a resolution can be reached. In the alternative, trial estimates will also be discussed.
5. Judicial Pre-Trial: At a JPT, the Crown, the Defence and a Judge will discuss the case. The JPT is held from both a resolution and trial perspective. If an agreeable resolution is reached, the matter will likely appear before the JPT judge for resolution. Alternatively, trail estimates are discussed. These include the witnesses to be called, applications by the prosecution or defence, and Charter challenges will be included in the details.
6. Trial: At the trial, both the prosecutor and defence will present evidence and make arguments to support their case.
7. Decision/Sentencing: After the trial is complete, the judge or jury will reach a decision on whether the accused is guilty or not guilty. If the accused is found guilty, they will be sentenced. The sentence will vary depending on each matter and the severity of the crime.

Bail Hearings

Kahlon Law has extensive experience with bail hearings, including the release of individuals charged with gun offences, importing cocaine and attempted murder. Our team also has experience conducting bail reviews. Having legal representation is essential at the bail hearing stage as it can help you understand the evidence, and create a plan to increase the chances of release. Get in touch to arrange a telephone consultation and benefit from our wealth of experience.

Contact Kahlon Law

If you are facing criminal charges in Mississauga, it is important to seek the help of qualified Newmarket criminal lawyer. If you have been charged with a criminal offence, contact our criminal law firm today for an initial consultation!

by admin1

Experienced Domestic Violence Lawyer Toronto

Domestic Violence

Domestic violence is a serious issue that affects many families in Ontario. If you or someone you know has been charged with domestic assault, it’s important to understand your legal rights and the legal process in order to effectively protect yourself. Domestic violence charges come in many forms and involve physical harm such as assault causing bodily harm, sexual assault, aggravated assault, and simple assault. Many of these types of domestic violence charges stem from abusive relationships, spousal violence, and family violence.

The first step is to find a domestic violence lawyer who can help you fight your case and provide legal guidance throughout the entire process. Domestic assault lawyers will help you understand the process and potential consequences of a conviction, such as jail time, fines, and a criminal record.

A criminal conviction can have widespread repercussions for your life, like difficulty with employment opportunities, and it could even affect family court proceedings. Seeking legal counsel and retaining a criminal defence lawyer is an essential step in dealing with your case. An experienced criminal lawyer will help you build a strong defence and challenge the evidence against you.

What To Consider Before Hiring a Domestic Violence Lawyer

Consider the experience and expertise of the domestic violence lawyer you’re considering. Domestic violence cases can be complex and emotional, and you’ll want to make sure you have a lawyer who has the knowledge and skills necessary to effectively represent your interests. Look for a Assault lawyer who has experience handling domestic violence cases and has a proven track record of success.

Different Types of Domestic Violence Charges

Below is a list of the common types of criminal offences relating to domestic violence:

• Sexual Assault: A person can be charged with sexual assault if it is alleged that they performed any type of sexual physical contact, such as rape or touching without consent. The offence is defined as an assault that is committed in circumstances of a sexual nature, violating the sexual integrity of the victim.
• Assault Causing Bodily Harm – If you cause physical harm that interferes with the health and comfort of the person then you can be charged with Assault Causing Bodily Harm. Injuries that may cause bodily harm include facial fractures, temporary vision loss, facial swelling, and long-term lacerations.
• Simple Assault – An assault occurs when one applies force intentionally to another person without their consent. This can include hitting, pushing, or slapping someone.
• Forcible confinement – You can be charged with forcible confinement if you confine someone against their will in a room or car.

If a person calls the police or attends a police station to report a domestic assault allegation then the police have a strict policy to lay a criminal charge. To protect yourself, it is essential to be aware of and understand your legal rights.

Court Procedure and Possible Resolutions

Once you have been arrested, you will either be released from the station or held for a bail hearing. Any allegation involving physical violence and domestic abuse is treated seriously by the courts. It is important to retain top criminal lawyer Toronto who has experience in handling a similar criminal charge.

A criminal defence lawyer will appear on your behalf at your court dates, gather all disclosure, review the disclosure, and look for potential legal issues in your case. Domestic assault lawyers will also attend pre-trials with the Crown to discuss legal arguments and potential resolutions.

Once a resolution is available, it will be your decision to accept the resolution or take the matter to trial. Domestic assault lawyers will provide you with legal advice and the best option to consider based on the particular circumstances along with the potential risks to consider if the matter proceeds to trial.

Every case is different and has different factors to consider such as the severity of the crime, previous criminal record, and previous domestic violence issues. All these factors are taken into consideration during resolution discussions. Typically, for less serious domestic violence charges, a possible resolution may involve a peace bond.

What is a Peace Bond versus a Probation Order?

A peace bond is a court order that is designed to protect individuals from potential abuse and harm. Peace bonds are often used in domestic abuse cases to protect the victim from physical harm. Typically these bonds are in effect for a period of 12 months, although this can vary depending on the particular circumstances of the case. A peace bond will have similar restrictions as bail conditions including a prohibition against contact with the alleged victim, prohibiting possession of weapons, as well as restricting attendance at certain places.

It is crucial to seek advice from a domestic assault lawyer before making any decisions. A lawyer can assess the evidence and devise a defence plan to safeguard your rights.

Contact Us

If you or someone you know has been charged with a domestic assault charge, please do not hesitate to call Kahlon Law at (1844) 978-8444. Contact us today to book an initial consultation to get a better understanding of the charges against you and what the potential outcomes are.

by admin1

Experienced Domestic Assault Lawyers – All Your Legal Needs Covered

What is Domestic Assault?

Domestic assault is a serious criminal offence that involves physical abuse or sexual abuse between two people in an intimate relationship. This type of assault can occur between spouses, common-law partners, former spouses, family members, and those who are currently or formerly in a dating relationship. Domestic assault is a serious and complex issue that affects countless individuals and families every year. When someone is accused of domestic assault, it can have far-reaching consequences, both for the accused and the alleged victim. In this article, we will discuss the legal process for someone who has been accused of domestic assault, and the potential consequences of a domestic assault conviction, including jail time and a criminal record.

What Should I Do If I’m Charged With Domestic Assault?

If you are charged with domestic offence, it is important to seek legal advice from an experienced criminal defence lawyer. A domestic assault lawyer can help you understand the charges against you and the potential consequences of a conviction. They will also help you understand your legal and charter rights in order to safeguard your interest. Additionally, your criminal lawyer can also help you build a strong defence and provide guidance during the legal process.

Different Types of Domestic Assault

Below is a list of common types of charges related to domestic forms of assault:

• Sexual Assault: An individual may be charged with sexual assault if it is reported that they engaged in any form of sexual contact, including rape or touching without consent. An offence of a sexual nature is one that involves an assault that breaches the sexual integrity of the victim.
• Assault Causing Bodily Harm: You can be charged with Assault Causing Bodily Harm if you cause physical harm that adversely affects the health and well-being of another person. Some possible injuries that may come with bodily damage are facial fractures, temporary blindness, facial swelling, and permanent scarring.
• Assault: An act of simple assault is when someone intentionally applies physical force to another person without their consent. This behavior can constitute physical aggression, such as hitting, pushing, or slapping.
• Uttering Threats: This involves making verbal threats to another person, either directly or indirectly.

The police are required to investigate all domestic assault allegations and lay criminal charges involving domestic abuse. It is important to speak to a domestic violence assault lawyer as they can help fight the allegations made against you in court.

Criminal Process

The criminal process can be complex and sometimes a traumatic experience as domestic assault charges typically involve family relationships. Your domestic violence lawyer will attend all your court dates, request and thoroughly review the disclosure in order to devise an effective defence strategy particular to your case. Once a resolution has been reached, the final choice is yours; however, your domestic violence assault lawyer can give you reliable legal advice on the best option. The legal proceedings can be lengthy and complex, so it is important to have an experienced lawyer on your side.

Trial

If your case goes to trial, your domestic violence lawyer will present a defence strategy that is tailored to the facts of your case. Your lawyer will review all the evidence and prepare strong legal defences on your behalf. During the trial, your criminal defence lawyer Toronto will cross-examine witnesses, make legal arguments, and present evidence in order to challenge the prosecution’s case. Often, domestic violence charges are solely based on the complainant’s testimony and your legal representation will work to discredit their evidence and raise a reasonable doubt.

Sentencing

Sentencing for domestic assault charges in Ontario is determined by a number of factors, including the nature of the offense, the defendant’s prior criminal history, and the specific circumstances of the case. The maximum sentence for a simple domestic violence is five years in prison. However, most individuals convicted of domestic assault may be sentenced to less severe penalties, such as probation or a fine. The actual sentence will depend on the specific circumstances of the case and the defendant’s prior criminal history.

Probation will be ordered if you are found guilty of the charge. A probation order will longer for more serious domestic assaults such as aggravated assault, sexual assault, assault with a weapon. A probation order involves conditions that need to be followed such as:

• Reporting to a probation officer on a regular basis
• Abstaining from drug and alcohol use
• Completing community service
• Undergoing treatment for substance abuse or mental health issues
• Completing counseling
• Avoiding contact with specific individuals or places

A peace bond is similar to a probation order and typically involves fulfilling certain conditions. On the other hand, peace bonds don’t result in a criminal record since there’s no criminal conviction. A peace bond is used for less severe types of domestic assault charges such as, simple assault and uttering threats.

What Can a Domestic Assault Lawyer Do For You?

An experienced domestic violence lawyer will help fight the criminal charges against you. If you have been charged with a domestic criminal offence, then be sure to retain a criminal law firm that has lawyers who have a wide range of knowledge and experience in the type of domestic offence you have been charged with and have a proven track record. Your criminal assault lawyer will examine all the details of your case, make legal arguments that apply to it, and contest any evidence against you. The pre-trials will feature discussions with Crown counsel to identify possible resolutions and address any existing legal issues. In addition to constructing your legal defence, your Assault lawyer will work to achieve the best results for you by negotiating a favorable outcome.

Contact Us

If you have been charged with a domestic assault offence, contact Kahlon Law at (1844) 978-8444 today for an initial consultation. Find out what criminal defence services we provide and speak to a lawyer with extensive experience with domestic assault charges.

by adminka

Bail Variations in Domestic Assault & Other Criminal Charges

After being criminally charged in Canada, the accused can either be released by the police or brought to court for a bail hearing. Release orders will have conditions that the accused must obey. A failure to obey any of the conditions can result in the accused being arrested and brought back to court. These terms and conditions are meant to ensure that the accused appears in court, does not commit any further crimes while on release, and does not interfere with the administration of justice.

This article will go through bail variations and the meanings of different terms.

What Is Bail Variation?

There are different bail conditions for every case, and they can vary depending on the charges. A variation of bail is when the court changes the conditions of an accused’s release. People must be aware that these bail conditions are meant to be intrusive and restrictive in their daily lives. A lawyer can help you vary your bail conditions if you find them to be too restrictive.

The easiest and the most cost-efficient method will involve seeking consent from the Crown. The prosecutor may agree to the variation or may not. If the prosecutor does not agree, then a bail review will be required.

Bail Review

A bail review can happen if someone was denied bail, or if their bail variation request has been denied. The steps are lengthy because they include the lawyer requesting transcripts, drafting an application, and then scheduling a hearing in front of a judge.

A legal basis is required for the bail review, which can either be an error in law or a material change in circumstances. The onus is on the accused to show that one of these two things has occurred.

Typical Bail Conditions

The most common bail conditions have to do with contact. This is especially true when it comes to cases that involve another person and an assault charge. Also, the accuser’s movements could be limited depending on their bail condition. Some of the most common bail conditions are:

• Follow a curfew
• No communication or indirect communication with the victim or co-accused
• Keep a certain distance away from the victim and their workplace, home, or education
• Do not have any weapons
• Follow the routine and discipline of the home
• Surrender passport

What Does Indirect Communication Mean?

Having indirect communication means conveying a message through a third party. An example would be asking someone else to relay a message to the person that should not be contacted by the accused. However, another popular means of indirect communication is posting messages and information on social media in a post for the person to see.

Does No-Communication Mean No Communication at All?

Yes; if there is a no-communication condition, there cannot be any communication. However, there can be exceptions to this condition, but they need to be approved and set out by the judge during the hearing. Typically, the exceptions are for contact through legal counsel for purposes of arranging the defence. Otherwise, there are no exceptions to the condition, and the accused will need to follow it.

How Can Someone Change a No-Communication Condition?

There are two ways for someone to change a no-communication condition:

1. Consent Variation: This is when the prosecutor agrees to change the condition of release of the accused. The only way for this to happen is for negotiations between the defence and the Crown.
2. Contested Proceeding: A contested bail review can only happen in court, but this is complicated because there is an application and litigation. It is highly recommended that a lawyer is involved in this process.

What Happens If the Person Contacts the Accused?

Many people are misguided and are told that if the person contacts the accused, they are allowed to answer, but they are not. There is no exception for the contact between the parties unless there is an exception to the bail conditions.

The accused needs to understand that all conditions regarding their bail are legal obligations. Also, the person named in the condition cannot change these conditions because it needs to be done through the court.

Will They Know if You are Out Past Curfew?

Do not be fooled by the idea of a curfew condition when out on bail because there are curfew checks. When bail is granted, the conditions will be monitored by the police themselves. If the accused is given a curfew, they need to be in the appointed residence by a specific time and cannot leave.

Police do come and complete random curfew checks to make sure that the accused is at the address provided and approved by the court. If the accused is not at their residence when a review is done, they would have breached their bail condition.

Stay Away from the Victim or Co-Accused

It may seem obvious, but it is good practice to avoid the victim or the co-accused during a criminal case. However, if this is written as a bail condition, the accused must follow this rule. The last thing they want is for the victim to say that they saw the accused at their place of work when they shouldn’t be there.

If the Accused Violated Their Bail Condition, Then What Happens?

First off, the person should never violate their bail condition, but if they do, then there could be some severe consequences. The person could be charged with breaching their release, which would lead to another criminal offence. When this happens, the police have every right to detain the accused at the police station until the next bail hearing.

Bail hearings usually happen within 24 hours, but if the court does not grant bail, the accused will be kept in custody until their trial.

Conclusion

Bail variations and reviews can be tricky and challenging to understand. Many people hire professionals to complete these steps because they want to make sure that it is done the first time correctly. Otherwise, it could be detrimental to the accused and their case.

by admin1

Immigration Consequences of A Criminal Conviction

Criminal convictions can have very serious, long-term consequences for immigrants. While many criminal convictions can disqualify someone from applying for work visas or permanent residency, immigrants who are already in Canada and are convicted of a crime may risk deportation.

Because of these severe possible implications, your or a loved one’s rights must be protected if they’re facing a criminal conviction. A skilled criminal lawyer can assist you.

Overview of Criminality Grounds

The Immigration and Refugee Protection Act contains several grounds for inadmissibility. However, the focus of this article will be on the criminal inadmissibility grounds outlined in S.36. This article does not include inadmissibility based on related reasons like security, human or international rights breaches, or organized criminality.

S.36 distinguishes between two types of criminal inadmissibility: (a) serious criminality [S.36(1)] and (b) criminality [S.36(2)]. Only foreign nationals are subject to the criminality ground 2. (e.g., temporary workers, students, and visitors). The serious criminality ground, on the other hand, is applicable to both foreign nationals and permanent residents. Hybrid offences are deemed to be indictable for immigration purposes, irrespective of whether the Crown proceeds summarily or by indictment

A removal order will normally be issued if a permanent resident or a foreign national is found inadmissible in Canada under S.36 unless he or she is eligible for relief.

Federal Offences, Provincial Offences and Juvenile Offences

Only offences resulting from federal legislation will result in inadmissibility, according to “an Act of Parliament.” This means that committing a crime under a provincial statute does not automatically make someone inadmissible to Canada. Any non-citizen sentenced as a youth will not face any direct immigration consequences.

As an example, under A36(1) and A36(2), a sentence for reckless driving under the Ontario Highway Traffic Act 4 would not result in inadmissibility. Consequently, an accused charged with dangerous driving under paragraph 320.19(5) of the Criminal Code 5 [which would be regarded a serious crime] who successfully reduced the accusation to careless driving would not be ineligible.

Conviction Usually Required

The use of the word “convicted” implies that a conviction must happen before inadmissibility can be imposed. As a result, non-conviction dispositions will not result in inadmissibility. The following are examples of dispositions that are not deemed convictions:

• An acquittal or stay of proceedings;
• An absolute or conditional discharge; or
• A recognizance under CCC 810 or a common law peace bond.

A suspended sentence, on the other hand, is regarded as a conviction. As a result, even if the accused is given a suspended sentence, he or she may still be found inadmissible.

Entering a Plea

Your criminal lawyer will often present you with several options for resolving your case. This can take the form of a “plea deal,” in which the Crown agrees to a specific punishment or just goes to trial. Many elements can influence someone’s decision to act one way or another, but it’s crucial to remember the Supreme Court of Canada case of R v. Wong, 2018 SCC 25.

It was determined that, among other things, a guilty plea entered by someone who does not understand the immigration implications of the plea may be void. To summarize, it is important to understand the immigration implications of your plea. A criminal lawyer will often advise their client to consult with an immigration lawyer, especially, if there are here on a visa or hold a permanent residency.

Future Removal from Canada

The Canada Border Service Agency (CBSA) usually gives you an opportunity to reply to their concerns before you are found inadmissible to Canada. If the CBSA believes they have grounds to deem you inadmissible to Canada for criminal reasons, they will report you to the Immigration Division. This is accomplished through a document known as the Section 44 Report.

If you are a Permanent Resident who is convicted of a crime that makes you inadmissible to Canada under section 36(1)(a) of the Immigration and Refugee Protection Act and the CBSA refers your case to the Immigration Division for an Admissibility Hearing via a Section 44 Report. The Immigration Appeal Division is the sole place where you can challenge the Deportation Order. Your access to the Immigration Appeal Division, on the other hand, is limited by the following:

• A permanent resident or a protected person can appeal a removal order to the Immigration Appeal Division.
• A foreign national or their sponsor, or a permanent resident, may not appeal to the Immigration Appeal Division if the foreign national or permanent resident has been deemed inadmissible.

Conclusion

Many criminal cases in Canada will undoubtedly have major immigration repercussions. As a result, clients should seek the advice of a skilled immigration professional early in any criminal proceedings.

by admin1

Assault Causing Bodily Harm Canada

Assault charges in Canadian criminal law are divided into different levels. Moreover, assault causing bodily harm is the second least serious level, which can be punished with up to 10 years in jail. These types of assault usually show up in several altercations and other crimes, so the prosecution tends to combine the charges. In this article, we are going to learn everything about assault causing bodily harm and how it is usually handled in court. Keep reading to know more about this.

What Is Assault Causing Bodily Harm?

Assault causing bodily harm consists of physically attacking another person and causing injuries without consent. This assault is considered a hybrid offence classified in the criminal code under the “offences against the person and reputation” segment. Threats and attempts of bodily harm also fall under this category.

What Is Sexual Assault Causing Bodily Harm?

On the other hand, sexual assault causing bodily harm is considered a straight indictable offence and is liable with much more severe punishment. These charges are laid upon those who cause injuries to the victim while sexually assaulting them. Therefore, these charges are usually combined at court.

Aggravating Factors

Although these assaults are already severe, aggravating factors can be present if some criteria and scenarios are met, such as committing the crime in a domestic situation.

These factors are going to determine the severity of your penalties. They can directly affect things like your ability to find a job, keeping your children in a custody case, or travelling to foreign countries.

Proof of Offence

Nonetheless, several things need to be proven in court to be prosecuted for these assaults. There should be evidence of the following items:

• Date, Time, and Location of the Offence
• Identification of the Accused
• Proof that Bodily harm was inflicted on the victim
• That the accused intentionally used force

Bodily Harm

However, to know whether a term applies or not to the case, we need to know what that term means. In this case, bodily harm means any injury that interferes with a person’s wellbeing. This injury could be physical or psychological and could develop over time, as not all damages appear right when the event occurs. Interference of this sort must be more than just a short-term or minor inconvenience, and it must have an impact on the person’s daily activities. For example, when someone punches someone in the face and breaks their nose.

Causing

There must be a direct correlation between the assault and the bodily harm results. It can’t just be a factor of minimal interference in the act but an active cause with an objectively foreseeable consequence. One good example of this is shooting a gun. It can be predicted that the bullet may cause an injury to the person it’s pointed at.

The Difference Between Assault Causing Bodily Harm and Aggravated Assault

The main differences between these two circumstances are the severity of the injuries found on the victim. When referring to actual bodily harm, we mean bruises, cuts, and not transient or trifling injuries. Nonetheless, victims of aggravated assault tend to be disfigured or have life-threatening injuries. The penalties for aggravated assault are more severe.

Penalties for Assault Causing Bodily Harm

After being found guilty, the judge is going to determine the adequate penalty for the case. Even though the highest penalty is 10 years in jail, these cases are sporadic and heavily depend on the aggravators. Sentences can range from a non-custodial disposition to a period of incarceration.

Investigation of Assault Causing Bodily Harm Cases

In order to prosecute someone for this charge, a police investigation must be done. The police officer is going to gather all the evidence by talking to witnesses and reviewing anything relevant to the case. After collecting all this critical data, a file of the case must be created for the prosecution to evaluate and take to court.

Bail Process and Conditions for Assault Causing Bodily Harm Charges

A formal bail hearing might be required, especially in circumstances that involve domestic violence. This should happen within 24 hours after the arrest. However, you should be in constant communication with your criminal defence lawyer to start creating a good defence for your case during that time.

Defending Assault Causing Bodily Harm Charges

There are a number of ways to defend against assault causing serious bodily harm. The first one is to allegate factual innocence by challenging the presented evidence if it isn’t strong enough to convict you automatically. Moreover, the second one is by alleging that you were defending either yourself, others, your property, or your constitutional rights.

There are also circumstances in which the physical contact was, in fact, an accident. A person is not guilty of assault if they did not have the necessary mental intent to commit the attack as a result of any unintentional application of force.

Bottom Line

After reading this, you should know almost everything you need to know about these criminal offences. However, if you see yourself in this situation, the best thing to do is call up a lawyer who can help your case and guide you through the court process. Luckily, we offer a free consultation in Ontario, Canada. Don’t hesitate to give us a call.

by admin1

Theft Charges in Toronto: What You Need to Know

If you have been charged with theft, it is important to understand the criminal law process and what you can expect. A criminal lawyer can help guide you through the process and provide representation in court. If you are convicted, you could face a criminal record and collateral consequences associated. If you’ve been accused of theft, it’s important to seek legal counsel.

What is theft?

Theft is the criminal offence of taking something that belongs to someone else without their consent. It can include stealing money, property, or other belongings.

In some cases, the theft charge may be the consequence of a mistake on your part. It’s easy to understand how paying for something might get overlooked in certain circumstances. But, if you are caught stealing, even inadvertently, you could be charged with a criminal offence.

What are the penalties for theft?

The potential penalties for a theft charge vary depending on the value of what was stolen and other factors such as whether violence or threats were used. Fines, probation, jail time, and a criminal record are all possible penalties for a theft charge.

There are a few distinct types of theft charges that can be laid in Toronto. The most common one is theft under $5000. This charge applies when someone steals an item or items that total less than $5000.The maximum sentence for theft under $5000 when tried by summary conviction is six months imprisonment.

Theft over $5000 is a more serious charge that can be laid when someone steals an item or items that total more than $5000. This charge comes with a potential prison sentence of up to ten years.

There are also a number of other theft-related charges that can be laid, such as robbery, possession of  stolen property, and fraud.

Will a shoplifting charge result in a conviction?

Shoplifting, or stealing from a commercial store rather than a private individual, is the most prevalent.

If you are convicted of shoplifting, you will have a criminal record. If you have never been arrested before, you may be eligible for a diversion program. Eligibility for the diversion program is not automatic and is determined on a case-by-case basis. A criminal lawyer may be able to negotiate with the crown attorney and persuade them into having you enter into the diversion program.

A diversion scheme includes completing a number of obligations, such as paying restitution to the retailer, attending a session focused on theft awareness, community service, or writing an apology letter. If you complete the diversion program, the criminal charge will be withdrawn, and there will be no criminal record.

If you are not eligible for a diversion program, or if you choose not to participate in the diversion program, then you will likely have to go through with a criminal trial. The criminal lawyer will be able to provide guidance and advice on how best to proceed with your case.

What is a criminal record?

If you are convicted of a criminal offence, you will have what is known as a criminal record. A criminal record can affect your ability to get a job, travel, and even volunteer.

In some situations, a conditional or absolute discharge may be given in place of a conviction. As part of a conditional discharge, you will be subject to certain conditions for a given period of time, such as not committing any more criminal offences. If you follow the conditions, your criminal record will be expunged three years after the conclusion of your discharge. Although a discharge involves an admission of guilt, it is not the same as a criminal conviction.

If you are given an absolute discharge, there are no conditions attached and the criminal record is erased one year after the discharge is granted.

Can I seek to have my fingerprints destroyed following a withdrawal?

If you have been fingerprinted as part of a criminal investigation and the charge is later withdrawn, you can apply to have your fingerprints destroyed. If you’ve been placed under a peace bond, you’ll have to wait until the bond expires before applying. The application would be made to the police department that issued the charges and can be completed online.

How can a criminal lawyer help?

If you have been charged with theft, it’s important to seek legal counsel. A criminal lawyer can provide guidance through the criminal law process and represent you in court. A theft may negotiate outcomes, such as having the charges withdrawn, reduced, redirected, or resolved in a favourable way to avoid a criminal record.

by admin1

Bail Hearing Process in Ontario

Obtaining bail is an important part of the criminal process. If you or a loved one has been charged with a criminal offence, your rights not to be denied reasonable bail without just cause are protected under the Canadian Charter of Rights and Freedoms. After an arrest, the bail hearing provides the accused an opportunity to be released from custody. When you’re in this situation, it’s critical to understand your rights. When your reputation and freedom are on the line you want a lawyer, you can trust.

When Does an Accused Require a Bail Hearing?

In certain circumstances, police may release an individual without taking them into custody. The police may issue an appearance notice or release them on an undertaking to follow certain conditions.

If you have been charged with an offence and taken into custody, then you will require a bail hearing regardless of the charge to ensure you are released prior to trial. The general rule is that an accused must be brought before the court for a bail hearing within 24 hours of the arrest.

Types of Bails Hearings

A bail hearing is arranged once an individual is arrested and taken into custody. It determines whether the accused will be released from custody pending their trial.

There are two types of bail hearings: consent or contested.

• Consent Bail Hearing: When there is an agreement between the Crown and the defence to the terms of release and this is subsequently approved by the justice of the peace or a judge. A criminal lawyer will work with the accused to formulate a release plan and negotiate a consent release with the Crown. The advantage of consent release is that it can be done quickly, sometimes in as little as thirty minutes.
• Contested Bail Hearing: If the Crown does not agree to the bail plan put forward, a contested bail hearing will be necessary. At this stage, the Crown will present its position and a summary of the allegations. Any criminal record along with other related evidence will be tendered by the Crown. The defence will then have an opportunity to question the allegations and call witnesses including the surety. Following the conclusion of the evidence, the crown and defence will make submissions to support their positions. The judge will make a decision on whether to order the release of the accused or require his/her detention after both sides have completed their arguments.

Steps of a Bail Hearing

      Step 1: Courthouse Visit

Within 24 hours of being arrested, an accused has the right to a bail hearing if a judge is available, or as soon as possible if one isn’t. You may be taken from the police station or the jail to the courthouse where you will be held in a cell or you may be linked to the court by a video screen. You will have a chance to speak with your lawyer as well.

      Step 2: Bail Hearing

In the courtroom, the Crown will read out allegations against you. In some cases, the Crown will call a witness usually the investigating officer. It is the Crown’s job to show why you shouldn’t be allowed out on bail. Your lawyer will often call the potential surety (Surety is explained below) to the stand to convince the court that, if you’re released on bail, you will obey your bail conditions and come to your court dates.

      Step 3: Decision

After considering the seriousness of the charges and evidence, the court will then decide to either release you on bail or keep you in jail while you wait for your trial.

If the court grants the bail: If you are released there will usually be conditions to do or not do certain things. It is very important that you follow the conditions exactly. If you do not, you will be charged with breaching a court order and be put back in jail.

If the court does not grant the bail: If you are not released, you may have an option to appeal the decision.  Your lawyer or duty counsel can explain available options.

Reverse Onus

For more serious criminal charges, and in certain circumstances such as where you were already on bail, the bail hearing will be “reverse onus”.

Reverse onus means that the onus to show why the accused should be released is reversed from the crown to the accused.  The accused will be held in custody unless the accused or their lawyer can satisfy to the court as to why they should be released.

The Justice may require that a bond or cash deposit as bail be placed by someone acting as a surety for the accused.

Many trials can last months or even years before they reach court, so call a lawyer to be properly represented at the bail hearing to avoid spending additional time in jail.

Reasons for Bail Being Denied

There are three general grounds upon which the Crown will seek to deny an accused bail. In broad terms, some of the reasons for being denied bail include:

• A risk that the accused will fail to attend court again
• A substantial danger or risk to the public
• There is a real potential that the accused will continue to break the law
• There is a real potential that the accused will interfere with witnesses
• An overwhelmingly strong Crown case where there is a potential for serious jail time
• The allegations are of such a nature that the public would be offended if the accused is released

When bail is granted to an accused person there are certain conditions to the recognizance of bail that they must follow. Failing to abide by bail conditions or recognizance of bail is a criminal offence. These conditions are offence-specific and can vary greatly depending on the charges and the risks posed by that specific offender.

What Is a Surety?

The surety will be responsible to ensure the accused follows the terms of their bail and attends court when they are required.

A surety is someone who puts up the bond (a promise to pay a set amount of money on behalf of the accused) at a bail hearing. This individual will be responsible to ensure the accused will be in attendance at court when they are required to and follow the conditions of their release. This person will also be financially responsible to pay the court the entire bond amount if the accused breaches any conditions of their release. A cash deposit may also be required in certain circumstances such as where the accused is not a resident of the province or resides 200 KM from the place in which they are charged.  

Bail Review

A bail review occurs after a decision on bail is made by the court. This is normally the next course of action when an accused has been denied bail and wants to appeal the decision. The appeal is made to a higher court for review. This appeal works both ways and can be brought by either the Crown or the Defence to contest a decision made by the court.

We are committed to fighting for your rights at all stages of a criminal proceeding. Contact now at (844) 978-8444 and get a free immediate consultation.

by admin1

How to Impact Your Criminal Case by Hiring a Domestic Assault Lawyer?

You have been charged with domestic assault, and now you are facing criminal charges. You want to know what your next steps should be? Should you plead guilty? Can you avoid a criminal record? If you want to make the most of your criminal defence case, then hiring a domestic assault lawyer is an important first step.

The criminal justice system can be complicated and overwhelming for those who don’t have legal knowledge. That is why it’s so important to find an experienced domestic assault lawyer that will help guide you through this process and provide the best representation possible. In this blog post, we will explore how hiring a criminal defence attorney can impact your domestic assault charges!

What are domestic assault allegations?

Domestic assault allegations can include a number of different charges, such as criminal harassment, threats, sexual assault, and assault. These types of offences typically involve violence or threatening behaviour between family members, spouses, or dating partners.

The crown attorney treats domestic assault allegations very seriously. The accused will have to go through all of the regular criminal procedures, including a bail hearing and trial proceedings. Often, an individual charged with a domestic assault will be held for a bail hearing. In domestic assault charges, the lawyer will assist in facilitating a surrender ensuring your quickest release. The crown attorney has a mandate which requires them to treat domestic abuse cases with strictness.

What are the possible consequences of a domestic assault conviction?

If you are convicted of domestic assault, you could face a number of different penalties, such as jail time, probation, and fines. You may also have to attend counselling or anger management classes. It is important to note that criminal convictions will be on your record and could impact future job opportunities, family law proceedings, international travel, or volunteering.

Penalties for domestic assault can vary depending on the severity of the charge and the unique circumstances of each criminal case. For instance, a simple domestic assault charge could result in a criminal record and probation or up to six months imprisonment, while aggravated assault charges carry much harsher penalties such as 18 months imprisonment. Due to the serious consequences, it is important that you consult with a lawyer prior to you deciding to plead guilty or agreeing to any resolution including a peace bond. A guilty plea might seem like an attractive option as resolving the case may permit contact with your partner; however, it is important to seek legal advice from a lawyer on your domestic violence charge.

In order to avoid a criminal conviction, it is important to have a criminal lawyer represent you in court. An experienced criminal law lawyer will be able to review the evidence against you and develop a strong defence strategy.

Do I need a domestic assault lawyer?

If you have been charged with domestic assault, it is important to hire a lawyer as soon as possible. By hiring an assault lawyer, you can better prepare yourself for your upcoming court case and make the most of this criminal law process!

A person accused of a simple assault is unlikely to face jail time, especially if they are a first-time offender. If the assault charge does not involve injuries and the spousal assault did not take place in front of a child, then domestic assault lawyers will likely be able to negotiate a criminal court diversion. This will typically involve the completion of counselling followed by a 12-month peace bond. More serious criminal code charges such as assault causing bodily harm or aggravated sexual assault charges will unlikely be applicable for the resolution by way of a peace bond.

If you have been charged with domestic assault, it is very important to find the right criminal defence lawyer for your case! Domestic violence lawyers will offer legal advice throughout this process from pre-charge, through the criminal justice system, to trial date and sentencing. Your criminal lawyer will be your advocate and will work to get the best possible outcome for your case.

Domestic violence lawyers will examine the evidence against you and determine whether there are any weaknesses in your case. The law firm must first identify all of the relevant disclosure including, police reports, witness statements, 911 calls, videos or audio recordings that could have been obtained by the prosecution. They will then work to discredit any evidence that is unfavourable to you and try to build a defence strategy.

If there are no reasonable defences, a domestic assault lawyer may be able to negotiate a plea bargain with the crown attorney. This could involve pleading guilty to a lesser charge in exchange for lighter penalties including conditional discharge or no jail time. Your criminal lawyer will work to get you the best possible outcome in domestic violence cases including withdrawal of the criminal code charge.

If you are considering hiring a criminal defence lawyer for domestic violence cases, please contact us today! Our law firm would be happy to provide you with a free consultation.

Will a domestic assault lawyer prevent a criminal record?

A criminal defence lawyer will work on resolving your matter in the most efficient and effective way possible. Any domestic assault lawyer cannot guarantee that criminal charges will be dropped, however, they can help you understand your options and make the right decisions to protect yourself in court! For example, they can explain to you the process involved in a domestic assault charge along with the possibility of it resolving by a peace bond.

A criminal defence attorney can also represent you at trial if necessary. If convicted after a criminal trial, an assault lawyer could still work with the prosecutor on reducing sentencing penalties.

What are the benefits of hiring a lawyer to defend domestic assault charges?

Although you do not require domestic assault lawyers to represent you for a domestic assault allegation, it is highly recommended. If you are representing yourself for criminal charges, you will not be able to offer the best possible defence on your behalf and there may even be some things that can negatively impact your case without a criminal lawyer present! Any criminal offence can have serious consequences, including domestic disputes.

There are many benefits that come with working with an assault attorney for your criminal case! A domestic assault lawyer will review and evaluate every piece of evidence against you and help you understand what it means in court. They can also provide key insights into how to bespeak your criminal case to the prosecutor and judge.

Your criminal lawyer could also negotiate with the Crown attorney’s office on a resolution that may help you avoid jail time or get charges dropped entirely! Any criminal defence attorney will do what is in their power to defend you in criminal court, however, nothing can replace an assault lawyer’s knowledge and experience when it comes to criminal assault defence.

Can I change my bail to allow contact with my partner?

Bail conditions are set by the criminal courts, and they aim to prevent an accused from reoffending or interfering with the administration of justice. This means that even if you want to contact the alleged victim after being charged for domestic assault, it may not be possible due to your bail conditions. It is best to speak with a criminal defence lawyer about what you can do next.

A bail variation can be requested to allow you and your partner or spouse contact with one another, but this is not always possible. The criminal courts will only agree to a bail variation if there are exceptional circumstances that merit such an exception. This can be difficult for those who face domestic assault charges as the crown attorney often opposes any type of bail variation between partners or spouses.

Any bail variation which allows contact with their domestic partner will not be possible unless the accused person enrolls in counselling. If an accused has been screened for the early intervention program, then upon entering into the program and counselling, the criminal courts may allow the accused to have contact with their partner or spouse.

Hiring a lawyer will help you understand domestic assault cases and defend your rights. If you or your family members are facing domestic assault charges, feel free to contact our office for a consultation.