If you have asked to be a surety for a friend of loved one who is detained in custody (in jail) following an arrest, you should be asking the following questions:
This criminal defence lawyer wonders if toughening Canada’s criminal laws will do anything other than improve the Conservative government’s image with the law and order constituency.
Six of 10 provinces that were surveyed by the Globe and Mail newspaper this week fear that the Conservative government’s proposed tough crime bills will cost them billions. The financial toll will be the result of the influx of prisoners they are anticipating, and they believe the federal government should help shield the cost.
Specific dollar figures for the cost of the bills have not been released by the government, however, the Parliamentary Budget Officer, Kevin Page, has said that current government estimates are too low.
Opposition critics have been able to use the fact that the bills will cost billions – with no guarantee that they will have a positive net effect — to justify opposing the bills.
The fact that crime rates are falling is another strong reason to query wisdom of the government’s intention.
Public Safety Minister Vic Toews has not yet confirmed that the government will be assisting provinces in paying for more prisons. According to the government, provincial costs may be trimmed because of a decrease in people in provincial remand centres and more people in federal prisons. This argument is unlikely to prove true as there are 10 individuals sentenced to provincial penitentiaries for every person who is sentenced to a federal prison. Longer sentences lead to federal time.
If you are considering defending your charges at trial, Ottawa lawyers at Auger Hollingsworth want you to know that there may be many defences available. One of the more common defences is having an alibi.
Having an alibi is a defence that can be raised if the accused could not have committed the offence because he or she was not physically present at the location of the offence when it occurred. If the court concludes that the accused did not have the opportunity to commit the offence because he or she was elsewhere, the accused may be found not guilty.
If you maintain that you were somewhere else at the time of an offence, it is important that this is discussed privately with an experienced criminal defence lawyer. You may need to interview witnesses and secure evidence to confirm that you were where you say you were, and your lawyer will need to decide how and when to provide the notice of the alibi to the crown.
Usually, the defence is not required to disclose anything to the Crown, but the law suggests that the Crown and police be given opportunity to investigate any alibi defence put forward; if this is not done, the alibi defence can possibly be rejected by the court.
Make sure you have a criminal defence lawyer who has the knowledge and experience to give you the advice you need to protect your legal rights. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at info@ottawalawfirm.ca
If you are considering defending your charges at trial, Ottawa lawyers at Auger Hollingsworth want you to know that there may be many defences available. One of the more common defences is having an alibi.
Having an alibi is a defence that can be raised if the accused could not have committed the offence because he or she was not physically present at the location of the offence when it occurred. If the court concludes that the accused did not have the opportunity to commit the offence because he or she was elsewhere, the accused may be found not guilty.
If you maintain that you were somewhere else at the time of an offence, it is important that this is discussed privately with an experienced criminal defence lawyer. You may need to interview witnesses and secure evidence to confirm that you were where you say you were, and your lawyer will need to decide how and when to provide the notice of the alibi to the crown.
Usually, the defence is not required to disclose anything to the Crown, but the law suggests that the Crown and police be given opportunity to investigate any alibi defence put forward; if this is not done, the alibi defence can possibly be rejected by the court.
Make sure you have a criminal defence lawyer who has the knowledge and experience to give you the advice you need to protect your legal rights. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at info@ottawalawfirm.ca
If you are considering defending your charges at trial, Ottawa lawyers at Auger Hollingsworth want you to know that there may be many defences available. One of the more common defences is having an alibi.
Having an alibi is a defence that can be raised if the accused could not have committed the offence because he or she was not physically present at the location of the offence when it occurred. If the court concludes that the accused did not have the opportunity to commit the offence because he or she was elsewhere, the accused may be found not guilty.
If you maintain that you were somewhere else at the time of an offence, it is important that this is discussed privately with an experienced criminal defence lawyer. You may need to interview witnesses and secure evidence to confirm that you were where you say you were, and your lawyer will need to decide how and when to provide the notice of the alibi to the crown.
Usually, the defence is not required to disclose anything to the Crown, but the law suggests that the Crown and police be given opportunity to investigate any alibi defence put forward; if this is not done, the alibi defence can possibly be rejected by the court.
Make sure you have a criminal defence lawyer who has the knowledge and experience to give you the advice you need to protect your legal rights. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at info@ottawalawfirm.ca
A young woman’s criminal charge of driving with a blood alcohol level of over .80 received excellent news today. Criminal defence lawyer Richard Auger brought two Charter applications to argue that her rights had been violated. Today, the judge indicated that he agreed that the client’s rights to counsel and a trial without delay had been violated. The charge was dismissed and she has no criminal record.
Whether or not you are found guilty at a trial will depend on whether the crown attorney can prove a guilty act and a guilty mind.
In order to prove guilt, the crown must prove two parts for every criminal offence. The crown must prove an act (actus reus) was committed by you and that you had the criminal mental intention (mens rea) to commit the act. There is no guilty act without a guilty mind.
To prove the guilty act, the crown has to show:
a) an action (or omission of an action)
b) by a person with capacity
c) in a voluntary manner
d) which caused certain consequences.
If there is any reasonable doubt about whether these aspects of the alleged criminal act occurred, the court must find you not guilty. You do not need to testify and your lawyer does not have to prove that the alleged criminal act did not occur. You can remain totally silent because the burden of proof is on the crown.
Sometimes, no matter how good your criminal defence lawyer is, you end up with a finding of guilt or a plea of guilt and a sentencing hearing is required. Sentencing in Ottawa is a very important part of your case and should not be treated as an afterthought.
Where sentencing is likely or possible, our criminal defence lawyers will work with you to help build a strong case for a lenient sentence. A key component of the sentencing package is reference letters.
We work with our clients to devise a list of people who can provide personal letters of reference on your behalf. Typically these letters come from members of your community, religious institution, employer, neighbors, teachers or anyone else who is prepared to tell the court that you are a person of integrity who should be sentenced lightly. Note that we would never contact anyone for a reference letter without your express consent and instructions.
Generally, the letters of support set out the following:
-who the writer is in terms of occupation and family status
-a description of the writer’s connection to the accused person
-the fact that the writer is aware of the charges; and
-a description of a number of the accused person’s positive personal attributes (such as hard working, honest, a reliable worker, etc.).
The letter should include the writer’s contact information.
A package of supportive letters from people of good reputation in the community can go a long way to assisting your Ottawa criminal lawyers in making strong submissions on sentence.
If you have been charged with a serious criminal offence, you may be wondering what defences are available to you. We have compiled a short list of defences as an overview. Of course, not every defence is applicable to every case. Speak to an experienced criminal defence lawyer about whether you have a viable defence to your case.
Alibi: This is a defence that can be raised where the accused could not have committed the offence because he was not physically present at the location of the offence when it occurred. If the court concludes that the accused did not have the opportunity to commit the offence because he was elsewhere, the accused may be found not guilty.
If an accused maintains that he was elsewhere at the time of the offence, it is critical that this be discussed privately with an experienced criminal defence lawyer. This is important because it may be necessary to privately interview witnesses and secure evidence to confirm that the accused was at a location other than where the offence occurred. It is also important to discuss this privately with an experienced criminal defence lawyer because the lawyer will need to decide when and how to provide the necessary notice of the alibi to the crown. Although usually the defence does not have to disclose anything to the crown, the law does suggest that the crown and police should be given a reasonable opportunity to investigate any alibi defence. If this notice is not given, the alibi defence can be rejected by the court.
Provocation: This is a defence which is commonly misunderstood. Provocation can only be used to reduce the charge of murder to manslaughter. Provocation is not a defence to other circumstances. Generally, the accused must have committed the offence “in the heat of passion caused by sudden provocation”. It must be a wrongful act of such a nature that it would deprive an ordinary person of the ability to self control. The accused must have acted suddenly before there was any time to consider the actions or to cool his passion.
Self Defence: This is a defence that may be available to a person who committed the wrongful but did so to prevent harm to him ro herself, to others under their protection or to their property.
This defence is complicated and it is therefore critical that the accused discuss with an experienced criminal defence lawyer the circumstances of any possible self defence. Generally, there needs to be evidence of the “necessity” to have committed the act by using force and the force used needs to be “reasonable”.
Automatism: This is a defence where the accused is in a state of impaired consciousness with no voluntary control over his or her actions.
Intoxication: Intoxication may render an accused’s actions involuntary and therefore the accused may not have formed the mental intention to commit the offence. There are complicated issues surrounding whether or not the intoxication was voluntary or involuntary.
Is there always a bail hearing when someone is arrested?
The simple answer is “no”. In fact, often there is no bail hearing needed at all.
If you are arrested by the police, the police can release you directly from the police station without a bail hearing under three different arrangements.
First, the police can release you if you enter into a “promise to appear”. Where that happens, you will be given a formal document with a date and time for a court appearance. You will sign the promise to appear and agree to attend court as required.
The police can also release you directly if you enter into a “recognizance” in an amount not exceeding $500 without deposit, unless you do not ordinarily reside in the province or within 200 kilometres of the place where you are in custody. If you do not live in the province or within 200 km, the officer in charge can require you to deposit a sum of money not exceeding $500 as part of the recognizance.
The police can also require you to enter into an “undertaking” in Form 11.1 with one or more of the following conditions:
a) remain within a specified jurisdiction
b) notify the police of any change in address, employment or occupation
c) abstain from communicating with named persons and/or abstain from attending any specified address
d) deposit passport
e) abstain from possessing any firearms
f) report to the police and sign in at the police station on specified dates
g) abstain from the consumption or drugs or alcohol.
In any of these situations, your release following arrest will be reasonably prompt and no bail hearing will be required.
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"Richard Auger's counsel was prompt, informative and insightful. He represented my name and my interests with integrity in a manner that never interfered in my daily life. I would recommend their services to anyone looking for a speedy and favorable resolution to their specific legal problem." |
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