Careless driving contrary to Section 130 of the Provincial Highway Traffic Act

Driving a motor vehicle without a license contrary to Section 32 (1) of Provincial Highway Traffic Act

BACKGROUND:

A car stopped at a red light on a Saturday night in Ottawa was rear-ended by a car that my client, Tony, was driving. After colliding with the vehicle, Tony dislodged his car from the other car and fled the scene. The driver and passengers of the car that had been hit were not injured and were able to provide Tony’s license plate number to police. Police arrested Tony at his home after he could not provide any reasonable excuse for leaving the scene of an accident.

STRATEGY AND RESULTS:

After I met with the Crown, it was agreed that these charges would be dropped at the Provincial Offences Court in Ottawa.

Theft not exceeding $5000/Shoplifting contrary to Section 344(b) of the Criminal Code of Canada

Fraud not exceeding $5000 contrary to Section 380(1) (b) of Criminal Code of Canada

BACKGROUND:

Stephanie was observed by security guards at Walmart trying to return 3 woman’s jackets that she had not purchased. The officers at the store had suspected Stephanie of fraudulent returns for several months. After having the return refused, Stephanie began shopping in the store. When leaving the store, she used a self-checkout machine. After she had left the building, the Walmart employee apprehended Stephanie and found that the items on her receipt did not match the items she was leaving with. The police were called and Stephanie was arrested, charged and released on an appearance notice.

STRATEGY AND RESULTS:

After my negotiations with the Crown, it was agreed that all charges against Stephanie would be withdrawn. The charges were withdrawn in Ottawa court.

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Fraud contrary to Sections 380(1)(b), 462.31(1)(a), and 354(1) of the Criminal Code of Canada

BACKGROUND: After several trips to Walmart where she returned and purchased various items, my client Chantal was arrested for fraud.  It was alleged that she attempted to return store merchandise without first purchasing it and received a refund in gift cards.   A loss prevention officer reported that he performed an investigation and after observing Chantal’s conduct, he placed her under arrest.

Read the Summary of Police Allegations

GOALS:  Chantal is a professional with a family and needed to avoid a criminal record and severe penalties.

STRATEGY and RESULTS:  I sought to have Chantal enter into a diversion program and avoid criminal prosecution.  I worked to have her enter a theft prevention course and make restitution. Ultimately, the Crown agreed to drop all of the criminal charges and the case was concluded with Chantal maintaining a clean record.

Robbery with a firearm contrary to Section 344 (1) (a) of the Criminal Code of Canada.

Pointing a firearm contrary to Section 87 of the Criminal Code of Canada

Uttering a threat to cause bodily harm contrary to Section 264.1(1) (a) of the Criminal Code of Canada

BACKGROUND: Jason entered a neighbour’s house insisting that the neighbours call 9-1-1 as he said he had just located two poachers driving all-terrain vehicles, and that he was going to hold them at gunpoint until police arrived. Before leaving the house, Jason showed his neighbours  the .22 caliber rifle he was holding.

When police arrived, they spoke with Jason, who at that time was still carrying his rifle. He said that he had to let the vehicles go, but that police should be able to find them driving on a nearby road. Later in the evening, police received another 9-1-1 call from one of the ATV drivers. The drivers said that they had been held at gunpoint and robbed. He was later arrested for robbery with a firearm, pointing a firearm, and uttering physical threats.

Read the Summary of the Police Allegations

GOALS:

The charges Jason faced were very serious and if Jason were convicted, he would be facing a minimum four year penitentiary sentence. It was my belief that Jason was a non-violent person who was caught in a strange set of circumstances. I knew it would be difficult to have Jason avoid being convicted of an offence, but I wanted to ensure that he did not spend any time in prison.

STRATEGY: I wanted to highlight the fact that Jasonwas not dangerous, and that he never had any intention to use a firearm. He even went out of his way to show his neighbour that his rifle was not loaded. I also worked diligently to gather several character witness statements in this case that would help to have Jason’s sentence be as minimal as possible.

RESULTS: After lengthy and involved discussions with the Crown attorney, this case was resolved without any jail sentence whatsoever. This really was the best possible outcome we could have hoped for in this case.

We believe that individuals seeking legal advice should be have access to useful information for free.  Rather than spending hours researching various law firms, visiting numerous websites and trying to distinguish sound legal advice from mere opinion, we provide the public with practical legal information.

If you are facing criminal charges, particularly if this is your first time involved with the criminal process, you are likely overwhelmed and have many questions.  By consulting our website, you will have access to a variety of free resources that will be of help to you.

Our goal is to answer the questions you have, so that you don’t have to speak with many lawyers in order to get the information you are looking for.  On our website you will find a variety of articles about the different issues and questions related to criminal charges.  Our video library and blog also contain useful information about specific situations and types of cases.

One of the best resources we have to offer is a book about the criminal process entitled “Not guilty! Fight and Win your Criminal Case.”  If you have questions about your criminal charges, what to look for in a criminal lawyer, or how the court process works, this book will provide you with the answers.  To get this resource for free,  click here.

This book will answer all of your questions about the criminal process so that you will understand what may lie ahead of you and prepare for a successful defence.

While the free information we provide will go a long way in helping you understand your criminal charges and how the criminal process works, one-on-one personal legal advice will help you even further.  Contact the lawyers at Auger Hollingsworth to discuss your particular case.

Allegations of fraud can be damaging to a person’s reputation, career and family life.  Investigations into fraud charges are often time consuming and complicated because they usually involve complex paper or electronic trails that the lawyers need to examine.  If you were charged with fraud involving your employer, the allegations and potential consequences are often more serious.  In addition, the potential consequences usually increase in proportion with the seriousness of the fraud committed.

Due to the complex nature of fraud charges, it is in your best interest to hire a good Ottawa fraud lawyer who can represent you and defend your case.  You are more likely to receive a favourable outcome if you work with a criminal lawyer who is experienced in defending fraud allegations.

If you are unsure as to whether or not some of your behaviour qualifies as fraud, it is important for you to speak with a fraud lawyer.  This might protect you in the future if you are investigated for fraudulent activity.  The law surrounding fraud can be complicated and in some circumstances, individuals may not be aware that the transactions or financial activities they are involved in are fraudulent.  In order to avoid criminal charges or to establish a sound legal defence against fraud, speak with an experienced Ottawa fraud lawyer.

First and foremost, it is important that you are completely honest with your lawyer from the beginning and remain honest throughout your defence.  If you withhold information or provide your lawyer with false information, you will not receive the best defence.  Your relationship with your criminal defence lawyer must be based on honesty.  Trust your lawyer and he or she will do all that is possible to help you with your case.

Also, keep in mind that your lawyer has other clients and responsibilities in addition to your case.  While providing you with a good defence is a priority for your lawyer, it is important that you follow your lawyer’s communication policy. At our firm, we prefer to speak with clients during pre-arranged telephone calls or meetings.  This allows us to focus on the case we are working on without interruption. When your lawyer is preparing for your case, you wouldn’t want him or her to be constantly interrupted with unscheduled phone calls from other clients. Remember this fact before you inundate your lawyer with phone calls every day.

Discussing and planning your case during scheduled phone calls or meetings is much more productive than starting and stopping quick phone calls or answering e-mails throughout the day.  Scheduled communication allows your lawyer to work efficiently and provide you with the best service possible.  If you have a question for your lawyer, you can call their office and speak with a staff member that will likely be able to answer you.  If for some reason they are not able to, they can schedule an appointment for you to meet or speak with your lawyer directly.

Remember that your relationship with your lawyer is reciprocal.  Your lawyer can only provide you with a good defence if you cooperate with the legal process and are forthcoming with information.  In order to receive the best defence and increase your chances of receiving a favourable outcome, trust your lawyer and do all that you can to be a good client.

There are a variety of reasons why the police investigate individuals.  Regardless of the reason why you are being investigated, it is important for you to know your rights.  A criminal defence lawyer can help you to exercise these rights during the investigation.  You should contact a criminal lawyer if any of the following has happened:

• You have received a warrant for the police to search your home or workplace
• The police have questioned your friends, family or coworkers about you
• You think you may be under police surveillance.

The police use many different investigation methods, so if you think you are under investigation, it is in your best interest to contact a criminal defence lawyer who can further advise you.

It is important to remember that a criminal defence lawyer is there to defend you.  This means that even if charges have not yet been laid, your lawyer may be able to help you avoid arrest and charges altogether.  If you are charged with a crime, your lawyer will have been there from the beginning and will already be abreast of the details of your case.

Hiring a criminal defence lawyer is a means of protecting yourself, and is not an admission of guilt.  Don’t wait until you are charged with a criminal offence to hire a lawyer.  Retaining the services of an experienced criminal defence lawyer as soon as you are investigated by the police will be a source of assurance and protection.

There are three principal categories of plea bargaining in Canada. Firstly, the defence and prosecution agree to the defendant pleading guilty to a lesser charge, or a possible stay of other secondary charges. An agreement not to charge friends or family of the defendant could also be included. Secondly, you and your lawyer might proceed with sentence bargaining, wherein the prosecution promises certain conditions such as pushing for a lighter sentence, proceeding before a particular judge, not recommending certain kinds of imprisonment, and a variety of other promises relating to your sentence. Finally, fact bargaining consists of the prosecution agreeing to not volunteer certain information or to mention certain aspects of the accused offence that might aggravate your case before the judge. Your lawyer can help you navigate this complex issue which in Canada can be confusing and unclear.