Read what a recent client says about defence lawyer Richard Auger.

“I highly recommend Richard. He handled my case with the utmost professionalism. His knowledge of the law is second to none and the way he handles himself in court is faultless. Richard managed to expose sufficient evidence to convince the judge into dismissing the case. I could not be happier with the outcome.”

George Avila, Ottawa, Ontario
July 2010

First-time convicted impaired drivers who used to face a license suspension of 12 months, may soon be back on the road in three months.  However, to be eligible for the shortened suspension, they must first plead guilty.

They must also agree to install an ignition interlock or breath alcohol ignition interlock device in their vehicle for nine months. The breath-testing devices require the driver to provide a breath sample. The vehicle will not start if the driver’s blood alcohol concentration is over .02.

While Ottawa criminal defence lawyers support the reduction of the penalty for first time offenders and support the law’s focus on rehabilitation, we are concerned that providing a legislated incentive for a guilty plea will encourage innocent people to plead rather than face the risk of a trial.

The new regulation does not actually come into effect until early August, but first-time impaired drivers already in the criminal system are able to plead guilty and defer sentencing and the finding of guilt until after August 3.

After November 1 of this year, anyone facing charges of impaired driving will have to plead within 90 days of the charge in order to avail themselves of the new incentive.

According to a Crown memorandum, there will likely be large number of people who opt to employ the new provision because 80 per cent of individuals charged with drunk driving are first-time offenders

Have you been charged with impaired driving? Criminal defence lawyers at Auger Hollingsworth can give you the legal advice you need and effectively represent you. Do not plead guilty to impaired driving, or over 80, without getting legal advice first. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at info@ottawalawfirm.ca Visit us online at: www.criminaldefenceottawa.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

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.

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.

Last week, the legislation that eliminates two-for-one credit on Canadian sentences came into force.  What this means is that people convicted of a criminal offence and then sentence do not receive additional credit for time they spent in jail before they were found guilty or plead guilty.

While this new law will appeal to those espousing a  tough on crime agenda, there are some real concerns it raises.

First, the two-for-one credit took into account that the conditions at the detention centres where people are typically held before trial are much worse than at a federal or provincial penitentiary.  Local detention centres are over-crowded, often in poor repair and lack programming.  Spending 6 months in this type of holding tank is much, much worse than 6 months at a proper facility.

Second, there is a philosophical argument that is important for people who believe that the presumption of innocence is an important tenet of our judicial system.  Pre-trial, pre-conviction custody entails detaining someone who has not been convicted of a crime.  In our view, there needs to be recognition of this fact.

Third, it eliminates the ability of judges to treat each case individually.  One of the virtues of Canada’s criminal justice system is its ability to tailor the outcome of a criminal prosecution to the facts of the case.   Tying a judge’s hands is contrary to this important principle.

Fourth, lengthy pre-sentence custody is necessitated by a lack of government resources.  People serve “dead time” because there are backlogs in the courts, not enough judges and court staff, etc.  The removal of the 2-1 in sentencing takes a way one incentive for the Crown and the administration of justice to keep the process moving.

Fifth, there is really no evidence that this move will have any impact on reducing crime.  This is legislation about appearing to be tough on crime.  It is not about reducing crime.