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January 2016 Archives

Woman wins DWI case based on unconstitutional police search

When it comes to drunken driving charges, an experienced criminal defense attorney is invaluable. Whatever the facts and circumstances of the case may be, having a zealous advocate at one’s side can help ensure one receives the best possible defense. In some cases, there may be issues with the adequacy of evidence prosecutors are presenting. In other cases, there may be legal technicalities that need to be addressed. In some cases, there may be issues with the way law enforcement gathered evidence which can impact the case.  

Facebook used in investigation against teacher

Throughout the nation, and world, people turn to Facebook for entertainment, to share news and to communicate. While in some cases it may be used to reunite former acquaintances, other times it brings people together who have never met in person. The reasons why strangers might connect via Facebook are many, and may are not be innocent in nature. As a teacher from the Greater Toronto Area recently found out, law enforcement is aware of this and understands how to use the social media site for its own purposes.

Charges may be laid for sexual assault long after alleged act

In Ontario, there is not a certain amount of time during which sexual assault charges must be laid. Because of this, years—even decades—can pass, before someone might face criminal charges related to an alleged activity. Charges brought so long after the fact can be a surprise to the person facing them, leaving them reeling and unsure of how to proceed.

Domestic violence charges should be taken seriously

All criminal charges have the potential to dramatically impact the life of the accused, if they are found guilty. In most cases the serious consequences do not begin until a guilty verdict is rendered. This is not the case where domestic violence is concerned, however. Even upon being accused, someone can begin to experience negative repercussions—even if the person is innocent.

Rules pertaining to collection of evidence in place for a reason

We have previously written about the important role evidence can play in establishing guilt or innocence related to a criminal charge. That evidence must be obtained in accordance with certain rules. Among other things, the evidence collected must not be overbroad. These rules are in place to protect the civil rights of residents of Ontario. Recently, an Ontario Superior Court judge ruled on a matter of this nature related to the collection of cell phone records.

Ontario's holiday drunk driving program leads to 573 arrests

The holiday season is enjoyable for many people in the province of Ontario. Among other reasons, this is due to the number of parties that are helped to observe the holidays. When alcohol is served at these events it is possible people could have too much to drink and then get behind the wheel of a car to drive home. Accordingly, law enforcement is often on high alert for drunk drivers as a part of the OPP’s holiday RIDE program. This could lead to an increase in the number of drunk driving arrests that occur. 

Criminal accusation will inform defence approach

When someone is accused of committing a crime, most want to find a way to secure the most positive outcome possible. Because there is often a lot for an accused to lose and these matters are complicated, it is generally advisable to seek assistance from a criminal defence lawyer in determining the best course of action. It may involve mounting an aggressive defense at trial. Because no two cases are alike, the defence offered will vary depending on the specific circumstances.

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Neuberger & Partners LLP
1392 Eglinton Avenue West
Toronto, ON M6C 2E4

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