The federal Conservative government has recently announced legislation to eliminate pardons granted to criminals. If the bill, which was introduced on Tuesday, is passed, pardons would be eliminated and replaced with a more restrictive ‘record suspension.’ These record suspensions would be more difficult to obtain and would take longer to have granted. Those convicted of sex crimes against children or those with more than three convictions would be ineligible.

As the current system stands, there is generally a three to five year waiting period for criminals after a sentence has been served depending on the severity of the crime committed.

A pardon actually does not erase a person’s criminal record, but it may assist them in obtaining a job and travelling out of Canada. It is for this reason that opposition parties in Ottawa have said that before deciding whether or not to support the new piece of legislation, they want to examine it closely.

Some opposition party members also criticize the legislation as being proposed too quickly without a proper Parliamentary review; they have argued that a report done by experts would contribute to an evidence-based decision.

Criminal defence lawyers at Auger Hollingsworth are knowledgeable, experienced and available for a free, no obligation consultation when you are in need of legal representation. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at info@ottawalawfirm.ca. Visit us online at: www.criminaldefenceottawa.ca

Ottawa criminal lawyers at Auger Hollingsworth oppose the federal Conservative government’s tabling of a crime bill aimed at stiffening penalties for those convicted of white-collar crimes.

The bill, which is called “Standing Up for Victims of White-Collar Crime Act” and replaces Bill C-52, proposes several amendments to clauses in the criminal code as well as stiffer sentences for those found guilty of major fraud.

There are, however, flaws in the fraud bill which will have significant consequences for the legal system.

First,  if the legislation is passed, a judge’s discretion will be limited in cases dealing with white-collar crime and fraud.

Second,  the bill proposes tougher sentences for criminals charged with fraud; however, there is no  evidence to suggest that tougher sentences work to deter or reduce this type of criminal activity.

Third, the bill will limit the ability to do plea bargains. And because the incentive to plead guilty for a favourable sentence will be eliminated in cases of fraud, we can expect increases in court delays because of more trials due to the fact that fewer deals will be made.

Ultimately, it is not clear that the new piece of fraud legislation will have a positive impact or not.

If you are in Ottawa, Eastern Ontario or elsewhere in Canada, you should beware that people often think, incorrectly, that criminal findings of guilt before adulthood have no impact once a person becomes an adult. A young person’s record does not cease to exist just because they turn 18, and if they re-offend before the “non-disclosure period” has passed, their record can be used in court. Read the rest of this entry »

Most Ottawa residents know what Canada’s Charter of Rights of Freedoms is, but if you are ever placed under arrest, you might not know how it helps you. You are entitled to very important rights under the Charter; they are so important that if the police do not observe these rights, the courts can refuse to admit evidence obtained by the police, which could result in charges being dismissed by the court or dropped by the crown attorney.

If you are ever asking yourself, ‘what are my rights upon arrest?’ Here they are:

• Every person who is under arrest or detention has the right to be promptly informed of the reasons for the arrest.
• Every person who is under arrest or detention has the right to speak to a lawyer without delay.  The police must inform the person of the right to speak to a lawyer and the police must also ensure that the person under arrest can access a lawyer.
• The police must advise the person under arrest of the right to speak to a lawyer and this must be done in a language that is clearly understood.
• The police must also advise the person under arrest that if they cannot afford a lawyer, a lawyer can be provided to speak to the person free of charge.

At the police station when you are being processed, issues can often arise when the police are giving you your right to consult a lawyer.  For example, was an interpreter available if language was an issue?  Were accommodations made if the legal advice was not understood?  Was there adequate privacy for your call?  Did you want to speak with a specific lawyer?  Were you permitted to leave a message for the lawyer of your choice to call you at the police station? If any of these issues arose during your arrest, you want to ensure you discuss this with your lawyer.

Experienced criminal defence lawyers at Auger Hollingsworth can 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 have been charged with a criminal offence in Ottawa, or elsewhere in Canada,you should know that there are two ways that your charges may be dropped.

The Crown has the right to withdraw any criminal charge or they may also stay the proceedings.

Firstly, what this means is that before an accused enters a plea in open court, the Crown can completely withdraw any criminal charge. After this has happened though, if the crown attempts to relay the charge, the courts may intervene to ensure that there is no abuse of this process. If this ever happens to you, make sure you discuss it with your lawyer because any decision by the crown to prosecute after a charge has been withdrawn may require a legal application to be brought before the court.

Secondly, as of right at any time before a final judgement is rendered in a case, the crown may also stay the proceedings stopping the prosecution immediately. In this case, the accused can be released from custody and the court has no power to intervene to require the continuation of the prosecution. However, the Crown does have the power to recommence the prosecution after a stay of proceedings has been entered. For this reason, it is better to get a withdrawal of charges.

If you have been charged with a criminal offence, make sure you have a criminal defence lawyer with the knowledge and experience to protect you. 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

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.

The police can seize a vehicle under the following circumstances:

• When an arrest is made under s. 217(4) of the Highway Traffic Act;
• When the vehicle is abandoned;
• When the vehicle is unplated;
• When the driver has received a license suspension;
• Where the driver has been driving with a suspended license; or
• Where the vehicle is blocking traffic or snow.

In some cases, if your vehicle has been seized you will need to bring an application to court to have the vehicle released.  An Ontario criminal defence lawyer can assist you with this process.