{"id":746,"date":"2010-04-11T18:06:14","date_gmt":"2010-04-11T22:06:14","guid":{"rendered":"http:\/\/www.normstanford.com\/?page_id=746"},"modified":"2018-11-13T15:35:32","modified_gmt":"2018-11-13T20:35:32","slug":"criminal-cases-non-driving","status":"publish","type":"page","link":"https:\/\/www.normstanford.com\/my-cases\/criminal-cases-non-driving\/","title":{"rendered":"Criminal Cases (Non-Driving)"},"content":{"rendered":"
Client alleged to have elbowed his girlfriend in the face and grabbed her neck – Crown agrees to withdraw charge without a Peace Bond after affidavit from complainant provided – No Criminal Record.<\/strong><\/p>\n<\/div>\n<\/div><\/li> Client contacted by police and advised of warrant for her arrest for an alleged theft that was caught on camera – Arranged for Client to surrender herself to police – At bail hearing Crown agrees to withdraw charge and client released unconditionally – No Criminal Record.<\/strong><\/p>\n<\/div><\/li> Drugs and stolen property found in client\u2019s apartment after police search apartment when responding to an unrelated call – Crown agreed that search of apartment was illegal and a breach of Client\u2019s right under section 8 of the Charter to be free from unreasonable search and seizure. Crown agreed that there was a good chance evidence of drugs and stolen property would be excluded at trial – All Charges withdrawn by Crown after client completes some community service – No Criminal Record.<\/strong><\/p>\n<\/div><\/li> My client entered a guilty plea to a Theft<\/a> charge after she was apprehended in a department store by a security guard who had been following her around the store for some time and who noticed her switching price tags on several items. \u00a0A search of B.P.\u2019s purse revealed a price gun and a large number of price tags. \u00a0An employee at the store who saw my client get arrested also claimed that she had switched the tag on a high priced item sometime the year before but that she had left the store before the theft had been discovered. \u00a0My client had originally been charged with that historical theft as well but I successfully convinced the Crown that there was no reasonable prospect of conviction on that charge since the store employee had no idea when in the last year the theft had occurred. \u00a0At the sentencing hearing, I successfully convinced the judge that, in my client\u2019s circumstances, a conditional discharge was appropriate. [NO CRIMINAL RECORD]<\/p>\n<\/div><\/li> After a long night of drinking at a bar, N.G. was staggering home when he was approached by the police who, after speaking with my client, gave him a ticket for being intoxicated in a public place. \u00a0My client was upset by this and spat in the officer\u2019s face. \u00a0This in turn upset the officer who attempted to arrest N.G. \u00a0An altercation ensued and my client was ultimately arrested and charged with Assault Resist Arrest<\/a> as well as Possession of a Controlled Substance<\/a> since they found marijuana in his pocket. \u00a0My client admitted to me that he had issues with alcohol and agreed to go for treatment. \u00a0He also participated in a drug diversion program in return for having the Possession charge withdrawn. \u00a0I was then able to convince the Crown that my client was addressing his problems and that he was a good young man with a bright future. \u00a0The Crown ultimately agreed to withdraw the assault charges against my client in return for him doing some community service. [CHARGES WITHDRAWN][NO CRIMINAL RECORD]<\/p>\n<\/div><\/li> My client ran a convenience store and was concerned with a particular group of kids that he felt was stealing from him. \u00a0One day he confronted a young girl about this in the store. \u00a0A short while later, the police showed up and arrested my client for Assault<\/a>. \u00a0The girl had gone home and told her mother that my client had yelled at her and tripped her as she exited the store. \u00a0After negotiations with the Crown, it was agreed that the Crown would withdraw the charge against my client in return for him entering a peace bond for one year with the condition that he not communicate or have any contact with the girl.<\/p>\n<\/div><\/li> My client was charged with a Domestic Assault<\/a> in relation to an altercation that had occurred with his girlfriend at the time. \u00a0The matter went to trial and my client was ultimately acquitted. \u00a0The judge had serious concerns with the truthfulness of the girlfriend\u2019s testimony based on my cross-examination that exposed several inconsistencies between her testimony at trial and her earlier statements to the police. \u00a0The judge could also not understand how my client had no injuries to his hand despite allegedly punching a glass window causing it to shatter.<\/p>\n<\/div><\/li> My client was charged with several counts of Assault<\/a> and Assault Bodily Harm<\/a> stemming from a brawl that occurred at a club in the entertainment district. \u00a0After a meeting with the Crown prosecutor and a judge where I argued that the Crown would have a very difficult time proving the charges against my client considering the chaotic scene at the club and the alcohol involved, the Crown agreed to withdraw the charges against my client in return for him entering into a peace bond requiring him to stay out of downtown Toronto for one year. \u00a0This was not a problem for my client who did not reside in the downtown core and had no reason to go there.<\/p>\n<\/div><\/li> My client, who had a criminal record, was charged with Obstructing Justice (a straight indictable offence) and Fraud<\/a> for passing himself off as a lawyer and attempting to represent an individual charged with a criminal offence. \u00a0These were very serious allegations and the Crown was seeking a jail term. \u00a0On the date set for a preliminary inquiry, I had a meeting with the judge and the Crown attorney. \u00a0At the meeting, I managed to convince the Crown not to proceed on the Obstruct charge after arguing that my client\u2019s actions did not make out the elements of that particular charge. My client then entered a guilty plea to the fraud charge. \u00a0At sentencing, the Crown still sought a jail term but I successfully convinced the judge to impose a suspended sentence with probation instead.<\/p>\n<\/div><\/li> My client, a young offender<\/a>, was charged with Mischief along with several other youths for breaking into and causing significant damage to a school bus. Negotiation with the Crown resulted in the Crown agreeing to withdraw the criminal charge in return for my client completing ten hours of community service and entering into a common law peace bond with the condition that he stay away from the location where the incident occurred for one year.<\/p>\n<\/div><\/li> My client was charged with Failing to Remain at the scene of an accident, Possession of a Controlled Substance<\/a> and Breach of an Undertaking to a Peace Officer. \u00a0These charges all stemmed from a single motor vehicle accident in which it was alleged that my client had crashed his car and afterwards had fled the scene. \u00a0At the time he was on an Undertaking from previous outstanding charges with conditions that he not drive and that he not consume alcohol or non-prescription drugs. \u00a0The police also found a garbage bag with approximately one pound of marijuana outside the car. \u00a0I convinced the Crown that although there was some circumstantial evidence to suggest my client had been driving the vehicle, there was not enough to sustain a finding of guilt at trial. \u00a0Ultimately the Crown agreed to withdraw the charges in return for a $300 charitable donation.<\/p>\n<\/div><\/li> My client had been charged with Assault with a Weapon<\/a>, Theft<\/a> and Mischief stemming from an incident that occurred at a convenience store late at night. \u00a0My client had already received two conditional discharges on separate occasions for similar types of offences. \u00a0My client told me he was innocent of the theft and admitted to the Assault although he told me that it was not as bad as the victim alleged. There were two innocent bystanders who witnessed the incident so my client stood little chance of being acquitted at trial. \u00a0After negotiations with the Crown, the Crown agreed to pull the theft and mischief charges and my client entered a guilty plea to the assault with a weapon after the Crown amended the facts that my client would admit to. \u00a0After submissions to the judge, my client received a conditional discharge.<\/p>\n<\/div><\/li> My client had been charged with Assault Causing Bodily Harm<\/a>. \u00a0Other lawyers had told my client that he stood very little chance of winning at trial and that they were able to negotiate a deal with the Crown for a suspended sentence, meaning that my client would have avoided going to jail. \u00a0He still, however,would have been placed on probation and most significantly, he would end up with a criminal record. \u00a0My client was convinced of his innocence because he felt that he had acted in self defence and was not prepared to enter a guilty plea. \u00a0At trial, I was able to establish that the complainant and other Crown witnesses at trial could not be believed. \u00a0Ultimately both the Crown and the judge thought my client should be acquitted which is what happened.<\/p>\n<\/div><\/li> My client was charged with Possession of a Controlled Substance stemming from a police search of his vehicle. \u00a0He had intentions of going to medical school in the United States and could not face the prospect of a conviction for a drug offence. \u00a0At first he tried to handle the matter without hiring a lawyer, and the Crown\u2019s position was tough \u2014 they wanted to proceed on the charge and would not consider any sort of diversion program. \u00a0After T. came to see me, I reviewed the disclosure and had a meeting with the Crown to negotiate my client\u2019s position. \u00a0Within a month, the charged were dropped, and medical school is still in the cards.<\/p>\n<\/div><\/li> My client, who had a criminal record, was charged with three Domestic Assaults<\/a> stemming from incidents that occurred on three separate days. \u00a0As well my client was charged with breaching a term of his bail by contacting the complainant mere minutes after he was released on bail. The Crown was originally seeking a jail term, but ultimately my client avoided jail and was placed on probation instead with terms that he not contact or communicate with the complainant without her consent and that he go for alcohol counselling.<\/p>\n<\/div><\/li> My client was charged with Possession of a Controlled Substance<\/a> stemming from a police search of his vehicle. \u00a0He had intentions of going to medical school in the United States and could not face the prospect of a conviction for a drug offence. \u00a0At first he tried to handle the matter without hiring a lawyer, and the Crown\u2019s position was tough \u2014 they wanted to proceed on the charge and would not consider any sort of diversion program. \u00a0After T. came to see me, I reviewed the disclosure and had a meeting with the Crown to negotiate my client\u2019s position. \u00a0Within a month, the charged were dropped<\/strong>, and medical school is still in the cards.<\/p>\n<\/div><\/li>