Examples of defence cases against criminal charges
Nothing is pleasant about dealing with criminal charges. If you find yourself in this stressful situation, you will be happy to know that with the help of a seasoned criminal lawyer, many cases can end in a favourable outcome.
Here are some examples of defence cases where we prevented serious consequences for our client.
01 | Drinking and driving file: defence on the immediacy requirement
In this case, our client was facing an impaired driving charge and a charge of driving a motor vehicle with over 80mg of alcohol / 100ml of blood. Our client was intercepted following a traffic accident and the police initially decided to issue a statement of offence under the zero-tolerance rule and to tow his vehicle due to a mechanical defect. It was only an hour later, following the arrival of their colleagues that the police decided to submit our client to a screening test. Given the length of time between the suspicions acquired by the police and the screening test, we challenged the lawfulness of his arrest by writing a Charter motion. Following the filing of this motion and before the scheduled trial date, the Crown Attorney decided to withdraw the charges against our client. Our client was able to avoid both a criminal record and a one-year driving prohibition.
02 | Obtaining a 2nd and 3rd discharge in two shoplifting cases
Our client was charged with two shoplifting offences, amounting to approximately $ 2,000. This client had previously been granted a discharge in a prior shoplifting file. Despite this, and although a discharge is generally granted once, the judge agreed with our representations during the sentencing hearing and accepted to grant our client another discharge in each of his files. Consequently, his record is still clean today.
03 | Negotiation in a drinking and driving file in order to ask for the withdrawal of several counts
Our client was facing several criminal offence charges regarding motor vehicle operation, namely dangerous driving, hit and run, impaired driving, driving with over 80mg of alcohol, and refusal to comply with an order given by a police officer (in this case, refusal to breathe into the breathalyzer). After lengthy negotiations with the Crown Attorney, our client only plead guilty to one count of driving his vehicle while impaired and to a statement of offence (ticket) of dangerous driving. All other charges were withdrawn. By doing so, he was able to avoid years of driving prohibition, as well as the subsequent requirement to have an alcohol ignition interlock device in his vehicle for life.
04 | An acquittal pronounced in a sexual assault case
Our client was facing a charge of sexual assault on a minor, and therefore looking at a minimum of one year in prison. Following effective cross-examination, we were able to establish that there were key contradictions in the testimonies heard at trial. Our client also testified, maintaining his innocence. After a two-day trial, the judge acquitted our client. He acknowledged in a lengthy decision that the evidence presented by the Crown had not been established beyond a reasonable doubt.
05 | An acquittal in a file for Possession of Cannabis with the intent to traffic
In this case, our client was arrested for having in his possession close to 4kg of cannabis for the purpose of trafficking. The evidence mainly rested on a witness, who said that he saw our client in an apartment where the cannabis was found, along with several other people who were also present at the scene. At trial, following the cross-examination of the Crown witnesses and the testimony of our client, we were able to raise weaknesses in the identification evidence. His acquittal meant that he was able to avoid a lengthy prison sentence and that his record remained clear.
Benefit from a strong defence against criminal charges
As you can see from the examples listed above, calling a criminal lawyer can save you from harsh sentences. Don’t let criminal charges threaten your future, use our services.
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