Patmore Criminal Defence Claimed

An experienced, devoted criminal defence lawyer will advance your interests rigorously within the bounds of the law. Being charged with a criminal offence is a scary, overwhelming experience, and an effective criminal defence lawyer will help put your mind at ease by being your shield in a very adversarial system that wants to punish you. This means that a good lawyer will scrutinize the case against you to find any possible avenue of defence for either trial, or to use as legal leverage in negotiations to limit the possible consequences against you. Many people just want to plead guilty to get it over with – we urge you not do this until we reviewed your case. There are many facets of the criminal judicial process both inside and outside of the courtroom that are complex and should be handled by a representative experienced in the area. We will negotiate effectively with the prosecutor to help keep the matter out of court or resolve it in a satisfactory way. If the case does proceed to a contested hearing (like a trial, or a sentencing) a good defence lawyer will know how to apply the law, and test the evidence. This means effective questioning of witnesses (civilians, police officers, experts etc.), anticipating unforeseen circumstances, knowing how to argue hard and not stand down in the face of what may seem like a difficult case. Above all, it means, advancing your interests and defending your constitutional and basic rights as a Canadian citizen. You are presumed innocent, and the lawyers at Patmore criminal defence will put the Crown to its onus of proof. You don’t have to prove anything, and the accounts of police and/or other accusers will be pored over with meticulous detail to defend you and balance the scales.

This is may be the most important question to ask, and the answer is – there are MANY reasons. At the very least, you should consult with a lawyer before ringing a bell that cannot be unrung. A finding of guilt will likely have detrimental effects on your liberty, and your future prospects in terms of employment or otherwise. The lawyers at Patmore criminal defence offer an initial FREE consultation to understand the basics of your case, and what defence you possibly have or other tactics you could advance moving forward. There are also many resolutions of a case of which a lawyer would be aware that could involve a resolution without a criminal record. These include such resolutions like Peace Bonds Discharges (Conditional or Absolute) or Alternative Measures (community service, charge withdrawn). Many people unfortunately say to themselves “well, I did it, so I must be guilty”, or “I just want to get it over with, this is intimidating and overwhelming.” While these questions may seem reasonable, the law is technical and nuanced, and while a case may seem to be winnable for the prosecution, you may very well end up winning if you choose the right lawyer. You may be “technically” guilty, but that does not necessarily mean you are “legally” guilty. That is but one example supporting the legal mandate that the court presumes you are INNOCENT. The Courts would rather see 100 guilty people walk free then convict one innocent person. You may not have done anything, or there may be a grey area as to what occurred given the circumstances of any given case. The bottom line is this: we live in a system where the police are seeking to charge you, and the crown is seeking to convict you, in many cases. That is why we have a system of due process where your lawyer can look at how the investigation was conducted, and identify the defences, and the judge is deemed to be impartial. The law is very complex; there are constitutional issues at play in many cases, and to the layperson, an investigation resulting in a charge may have been a botched investigation where the police made several errors with respect to compliance with the charter or basic conduct of the investigation, generally. Police are far from perfect. This is always a fact specific question, which is why, even if you think there is no hope, talk to a lawyer here first.

This question is very fact specific. If you give outright consent to the police to search your person, your car, or your home, then there is an argument to be made that it was a valid search. If you do not consent, they need to have ‘reasonable grounds’ to believe an offence has been or is being committed. You have a lesser privacy interest in your car then you do in your home, but unless they have the grounds, the answer is, your lawyer will argue that it was a warrantless search, and the Crown has the burden of proving the validity of the search. This requires a lawyer with extensive knowledge of your rights under the Canadian Charter of Rights and Freedoms – specially, sections 8 and 9. These sections stipulate that you have the right against unlawful search and seizure, and the right to be secure against arbitrary detention or arrest (among others). The lawyers at Patmore criminal defence are very experienced with constitutional litigation, which is why you should consult with a lawyer before pleading guilty merely because you thought the police had the right, or discovered something illegal. Even illegal substances or objects (Drugs, Firearms etc.) become inadmissible in court if the judge determines that they were obtained in an illegal way (section 24 of the Charter).

The reality is, the wheels of justice can move very slowly, and patience is required in most cases. The police charge you, and then send their notes and reports and other evidence to the Crown Prosecutors Office. Once that information has been obtained (which could be sooner or later) and the Crown’s office has vetted, then it is disclosable. You should review your disclosure with a lawyer before resolving your case. It is much quicker to obtain disclosure if you hire a lawyer, who will do it for you, review it, and then expedite the process of how to proceed. Once the disclosure is obtained, then, depending on the complexity and severity of the charge, the resolution process can happen more rapidly or it could take several months or years. The Supreme Court of Canada decided in the case of R v. Jordan that lower Court cases (Provincial Court) must be resolved within 18 months of the charge date. If your case goes to Superior Court, the case must be resolved within 30 months of the charge date. If you opt to go to Supreior Court, it usually means the charge is more serious, in that, you have more options about procedures and hearings before your trial. However, cases can also be resolved very quickly through efficient negotiations between counsel that result in quick resolutions, guilty pleas, or trials. It will depend on the circumstances of your case, and the effectiveness of your lawyer. At Patmore criminal defence, we strive to be as effective and efficient with your case as possible. The longer a charge hangs over your head, the more stress, anxiety and stigma it causes you, and we recognize that fact. The short answer is, it will depend on the severity of the case, the amount of disclosure, the availability of the courts, and whether you instruct your lawyer to contest the charge (trial) or resolve it (sentence or guilty plea).

Bail is crucial, and if not conducted with the appropriate caution the accused person could be in custody for weeks, or months. A proper bail plan is always necessary, and the judge will always scrutinize three things: 1) will the accused appear for court if released; 2) is there a substantial likelihood that the accused will re-offend if released; 3) is it in the public interest for the accused to be released. Therefore, covering all of those areas will provide the accused with a better chance of being released, subject to the extent of the record and the nature and severity of the charge. It makes it more difficult, for example, if the accused has an extensive record, particularly of failing to appear for court and serious offences. The most basic example of this is that one is much more likely to be released for mischief than murder. In fact, for certain criminal code offences, they fall under the absolute jurisdiction of the Court of King’s Bench (like homicides). Posting cash or something of value, is always a strong component; this means that you are willing to put something up to show that you have ‘skin in the game.’ This means that if the accused fails to abide by his/her release conditions, then the cash or valued item(s) will be forfeited to the Crown. You become the surety or “jailor in the community.” So if you do not report any violation of release conditions, the court can hold you accountable. Posting a solid bail plan (stable living situation, vocation/schooling, posting some form of security) to demonstrate to the Court that the accused person will not commit further offences while on release increases the odds of release. If the accused has no record, a dated record, or a limited one, then the court will most likely release him/her on their own recognizance, meaning that nothing has to be posted or done unless there is a breach of the terms. The court will then implement the conditions after the Crown and Defence have negotiated what is appropriate. A defence lawyer should always be hired to conduct a bail hearing. If an accused person conducts one “off the cuff” merely because he/she wants to be released, there are chances increased that detention will be ordered. In that case, they can be held for a lengthy period of time, and need to have the decision reviewed in Superior Court, which is referred to as a Bail Review Hearing, conducted every ninety days the accused is in custody. In these cases, the accused must demonstrate that the court below made a legal or factual error in detaining them. This can be a difficult threshold to meet. Bail is the first part of what can be a lengthy court process, and consulting Patmore criminal defence will offer experienced legal advice for the best chance of bail. Oftentimes, we are able to simply negotiate a “consent release” which means we simply convince the crown to the terms, and release is inevitable.

The Lawyers at Patmore criminal Defence defend those who have been charged with a crime. If it is false, common sense dictates that the Prosecutor will not have a reasonable likelihood of conviction, and it would not be in the public interest to proceed against the false allegation. The reality however, is that there are many differing interpretations about events (often influenced by impairment by dugs and alcohol) or a plethora of other circumstances. It happens that people get falsely accused, or that there are simply two sides to every story. These cases can often be resolved whether it be through an outright withdrawal or a reasonable outcome satisfactory to all parties. Otherwise, our lawyers will defend you vigorously at trial. It is not uncommon to set cases for trial when resolution does not happen right away. Once counsel is preparing, resolution can occur closer to trial.

Yes. There is a courtroom that devotes itself exclusively to this. You can take it to trial, or seek to have the fine or demerit points reduced. The lawyers at Patmore criminal defence will assist you with this if it accompanies a criminal charge.

There can be significant consequences if you drive while suspended, especially if it is a subsequent offence. The Crown can ask for jail, or you can be subject to significant fines and a further driving suspension. If you are criminally prohibited from driving, the consequences are more severe. Consult a lawyer if you are charged in this area.

If you have been charged with a crime, there are many impacts. For instance, you may be subject to deportation (if convicted) or face immigration issues if you are not a citizen of Canada. It will depend on the severity of the charge which requires consultation with a lawyer. You need to know what conditions you must abide by, and when you must attend court. The process is complicated, and the best course of action is conferring with a lawyer, because the nature of the crime will impact the nature of advice and possible consequences.

A criminal record can have very detrimental impacts on your life. It could impede your ability to travel, particulary to the US. It can have an impact on your ability to work, as many employers will ask for a background check. If you are convicted of a sexual related offence, you will likely be subject to the Sexual Offender Registry (SOIRA). This will undoubtedly impact your future and liberty. There can also be many ancillary orders such as submitting your DNA to the national database, weapons bans, and any other discretionary order the court wishes to impose, given the nature of the offence. It is imperative that you consult with a lawyer to review your case before pleading guilty.

Yes, it is possible. An example would be a conditional discharge – this is a period of probation, that if abided by, will become absolute and no criminal conviction would be entered. Lawyers have creative ways to resolve cases, and it is possible, even if you plead guilty. In domestic cases or other cases of relatively minor violence, a Peace Bond can be an option. This is an acknowledgement of your role in an event, which places you on conditions for a period of one year, but the charge ultimately gets withdrawn in court. These are some common examples. Our lawyers will guide you about what you can do to increase your chances very early in the proceedings.

Yes, depending on the nature of the charge, such as an impaired driving or simple assault conviction. A period of time will have to elapse, and there is a process to submit this application. Patmore Criminal Defence has contact to resources in this area should this be something you are considering.

When you are charged with a criminal offence, one of the first procedural steps is how the Crown is electing. This depends on the facts of the case… a summary conviction offence is a less serious conviction. It means that you are likely not subject to jail for any more than six months, and you remain within the absolute jurisdiction of the Provincial Court. If the Crown elects to proceed by indictment or the offence is strictly indictable (aggravated assault, theft/fraud over $5,000 etc) then the charge is considered more serious. The more serious the charge, the more your rights increase in terms of how you can proceed in the criminal process i.e., you may be eligible for a preliminary inquiry, and get to elect as to whether to be tried by jude alone or a judge with a jury of your peers. In short, summary elections are commonly less serious offences, and indictable offences are more serious offences. Hybrid offences allow the Crown to decide whether it wants to proceed by either summary conviction or indictment. It is at the Crown’s discretion in those cases.

These cases definitely require the assistance of a lawyer, and are fact specific. It will depend on several factors, and notably, how and where they were discovered by the police. The Crown must prove two elements for any offence. The mens rea (which is the mental intention to commit an offence) and the actus reus (which is the intentional conduct to perfect the commission of the offence). Therefore, on a strict interpretation of these legal concepts, there may be defences. However, there are also many legal limitations regarding the success of disproving possession. It is likely that you would have to testify in your own defence. Any drug offence requires the assistance of an experienced lawyer given the complexities and strictures of the criminal code and the controlled drugs and substances act.

Like any criminal charge, you should act quickly to at least consult a lawyer. Drug possession and trafficking in illicit substance carry heavy jail terms if convicted. These cases are very Charter focused and will undoubtedly always involve surveillance, and searches. To challenge these cases will almost always mean your lawyer will have to challenge the search and advance a constitutional argument on your behalf to exclude this evidence. Possession can also be argued, depending on the location of the substances where discovered. These are very complex cases involving very complex investigations, often over months. A cimrinal lawyer experienced in these areas to challeng warrants (searches) and the legality of the seizures is essential, as the jeopardy is very serious. There are high starting points in Alberta, given the nature of the substance, particularly fentanul, heroin, cocaine.

You should consult with a senior defence lawyer immediately. You are undoubtedly subject to strict release conditions, such as a no go to attend to your residence, no contact with your spouse/partner and children, and many other conditions the court can impose in order to assure the safety of the complainant. The Parliament of Canada has made violent offence within the context of a domestic sphere statutorily aggravating. This means that the law has considered these offences to be particularly egregious, given the close relationship between the parties and the fact that they most often occur in the environment where the person is supposed to feel safest: The Home. Therefore, the punishments can be very severe, anywhere from probation to lengthy terms of jail. The lawyers at Patmore criminal defence are very experienced in defending these cases. It is imperative to consult with the lawyer, as the outcomes are very fact specific, but they can become very contentious. There are several intermediaries such as Homefront (Victim Services), the police alongside the Crown who are involved in these sensitive prosecutions. If there is a possibility of removing or varying your conditions of release until the case is resolved, that is another reason to confer with a lawyer at your earliest opportunity.

Technically, no. But the victim always has a say with the Crown Prosecutor. In Canada, it is not like Popular American TV shows where you see one person charge another, and then decide to drop the charges or not even pursue them in the first place. When a police investigation commences as a result of a call or a complaint, they will attend and decide if charges are to be laid. When charges are laid, then the court process begins, you will be given an appearance date and will be subject to strict conditions, if you are not ordered detained. It is solely at the discretion of the Crown to drop the charges or engage in any other course of action through the course of the prosecution. If the victim does want to drop the charges or see a particular outcome, as long as he/she is not coerced or influenced in any way, they have the right to contact the Crown and/or victim services to outline their wishes. The victim is always entitled to independent legal advice to assist in this process.

It depends on the nature of the assault. There are usually three types of assault in Canada:

Simple Assault. This is the most minor. Barring a very bad related criminal record, you should not ordinarily expect to go to jail.
Assault Causing Bodily Harm. This is an elevated assault where the victim has visible markings, bruisings, lacerations. It is more serious and the chances of jail do increase. However, barring a very bad related criminal record, you should not ordinarily expect to go to jail for a first time offence, though it is possible.
Aggravated Assault. This is strictly indictably, and jail is much more likely. This is when the victim is wounded, maimed or disfigured. These can involve life altering injuries and though not certain it is more likely.
However, a good criminal defence lawyer will assess all facts and surrounding circumstances. There is context to every criminal charge, and your lawyer should first be looking at the disclosure and hearing your side to minimize your exposure to the greatest extent at law.

Patmore Criminal Defence will work tirelessly to advance your rights and interests. Call us today for a free consultation.