Police officers must follow proper procedure when gathering evidence to obtain a search warrant. A mistake at any point in the process could later result in evidence being thrown out. Often such mistakes are unintentional, but occasionally police officers are found to have brazenly broken the law in the pursuit of criminal charges.
When a driver is stopped under suspicion of impaired driving, the police officer will probably conduct a battery of tests to determine whether the driver is indeed impaired. However, testing sobriety can be very subjective.
Being convicted of a sex-related offence in Ontario can not only result in a jail sentence; individuals convicted of sex crimes often face employment difficulties and long-term reputation damage. For example, a medical professional accused of a sex offence could face additional restrictions under the Regulated Health Professions Act.
Whether you are facing the relatively minor charge of marijuana possession or the very serious charge of drug trafficking, you will need an effective criminal defence strategy to protect your rights and freedom. With any type of drug charge, you can expect prosecutors to aggressively pursue a conviction and ask the court to impose a jail sentence.
Historical allegations of sexual assault are taken very seriously by Canadian courts. If the accused individual was in a position of authority at the time of an alleged offence, then the Crown may seek particularly harsh penalties in an effort to send a message to the community.
Developing a thorough defence against criminal charges is an in-depth, complex process that requires the help of an experienced criminal defence lawyer. Matters can become significantly more complicated, however, if there is the potential that multiple jurisdictions will be involved.
Sexual assault allegations arise from a wide variety of circumstances. As we discussed in a recent post, a sexual assault charge does not have to be based on an allegation of extreme violence. A person can face very serious consequences after being accused of groping or otherwise inappropriately touching another person.
Canadians are protected from unreasonable search and seizure because they are legally afforded a reasonable expectation of privacy. However, that expectation has come into question after a recent decision by the British Columbia Court of Appeal.
People who find themselves facing drinking and driving charges come from all walks of life. Under Canadian law, drivers are prohibited from having a blood-alcohol level that exceeds 80 milligrams of alcohol per 100 millilitres of blood, and depending on an individual's body weight and metabolism, not much alcohol is required to exceed that limit.