Do we accept Legal Aid?
Yes, in certain cases. To find out if your case is eligible, contact us.
If you are not approved for Legal Aid how much are our fees?
No two cases are alike. Our fees will depend on a wide range of factors including: whether you want to take your case to trial; how many days are set for trial; the complexity of your charges; how many people you are charged with; how far we have to travel to defend you; what if any Charter applications and remedies we need to file to try and get you the best outcome.
We understand that legal fees can be an unexpected expense. For that reason, our team of Criminal Lawyers will work with you to help create a flexible payment plan to ensure that our team continues to guide you through this stressful time.
Are your fees hourly or “block fees”?
Like most criminal lawyers, we generally charge “block fees”. A block fee is a predetermined fee for a “block” of defined work. That way, our clients know exactly how much they are paying and for how much work, no matter how long it takes us to get there. We customize the block fee depending on the nature of your case and what type of work you want done. We work with our clients to ensure there are no surprises start to finish.
What if I can’t afford to pay the block fee upfront?
We understand that legal fees can be an unexpected expense. For that reason, our team of Criminal Lawyers will work with you to help create a flexible payment plan to ensure that our team continues to guide you through this stressful time.
Yes. In Canada, the Canadian Charter of Rights and Freedoms guarantees every person certain rights. The most often litigated in a criminal trial are (i) the right to be free from unreasonable search and seizure, (ii) the right not to be arbitrarily detained (iii) the right to be immediately informed of the reason of your arrest or detention, and (iv) the right to retain and instruct counsel without delay and to be informed of that right as soon as you are detained/arrested.
Even the most crucial pieces of evidence in a criminal case can be excluded at trial where a judge finds that the police have violated one of your Constitutional rights. However, just because a judge has found a violation of your Constitutional rights, does not mean that the evidence will be excluded. Instead, there is a balancing process done by the judge to decide whether the evidence will be excluded.
Once a judge is satisfied that the police have violated your rights, the judge must also find that the admission of the evidence would bring the administration of justice into disrepute. In making that determination, a judge will consider the following:
(1) the seriousness of the police conduct, (because allowing the evidence in may send the message that the justice system condones serious police misconduct),
(2) the impact of the breach on your Charter-protected interests (because admission of the evidence may send the message that individual rights count for little), and
(3) society’s interest in the adjudication of the case on its merits.
If you believe the police may have violated your rights during your arrest or during an investigation, please call us immediately. Our team of Criminal Lawyers have vast experience in protecting Charter rights in court and having evidence excluded at trial.
Yes. In Canada, it is an offence to operate a vehicle while impaired by alcohol or drug, or if your blood alcohol content is over 80 milligrams of alcohol in 100 millilitres of blood. “Operation” is a legal term that means driving and includes when a person has “care and control” of their vehicle. Even if a person was not actively driving the vehicle but found inside or outside it, they can still be deemed to have “care and control.” This is because the law acknowledges the potential risk that impaired or intoxicated individuals may decide to operate the vehicle while in close proximity to it.
However, there are cases where the person charged had no intention of driving their vehicle. In such instances, there are various defences available to challenge charges of having “care and control” of a vehicle while impaired or intoxicated. For example, if the accused person can demonstrate that they had arranged for someone else to pick them up or had called a taxi, the prosecution or court might accept this as a valid defence.
At Godinho Zager LLP, our Criminal Lawyers possess extensive experience in handling and defending drinking and driving or DUI offences. If you or someone you know has been charged with a drinking and driving or DUI offence, we strongly urge you to contact us without immediately. We offer a free consultation to discuss your situation and explore the available legal options.
In most cases, yes. There is an expectation that police officers will not violate a person’s Charter Rights (Constitutional Rights) during the course of a drinking and driving investigation. If an officer does violate these rights, the court may exclude the breathalyzer evidence from the trial. When this happens, the person cannot be found guilty of driving while over the legal limit.
Various types of Charter violations can occur during a drinking and driving investigation. Some examples include:
- Detaining a person without proper grounds during the investigation
- Delaying the investigation by keeping the person detained at the roadside while waiting for another officer to bring the breathalyzer unit
- Stopping a driver based on racial profiling
- Assaulting the person during the investigation.
- Failing to inform the person of their right to a lawyer immediately upon arrest
- Delaying the person’s access to legal counsel for an extended period.
- Restricting the person’s ability to choose their preferred or own lawyer and steering them to Duty Counsel
- Failing to provide access to a lawyer who can communicate effectively in a language the person understands, especially if English is not their first language
- Failing to provide you with your rights in a language you understand
- Detaining the person for an extended period after the investigation is complete
If any of these Charter violations occur, it may have serious implications for the admissibility of the breathalyzer evidence and the outcome of the case. It is important to consult with legal experts who specialize in drinking and driving/DUI offences to assess the situation and explore potential defences based on Charter violations.
At Godinho Zager LLP, our Criminal Lawyers possess extensive experience in handling and defending drinking and driving offences. If you or someone you know has been charged with a drinking and driving offence, we strongly urge you to contact us immediately. We offer a free consultation to discuss your situation and explore the available legal options.
If you regret having your spouse or intimate partner charged with an offence, there may be actions you can take to address the situation. It is not uncommon for individuals to feel remorse or guilt after a domestic altercation leads to criminal charges. Some reasons for regret may include realizing that the offence did not occur, that the incident was exaggerated when reported to the police, or that the consequences of the charges have significantly disrupted the lives of everyone involved, including the accused person, intimate partner, and family.
In such cases, it is often possible to negotiate with the Prosecutor to seek a resolution that involves downgrading the charges, withdrawing them entirely, or finding a resolution through a Peace Bond. A Peace Bond resolution typically involves a court order with conditions aimed at preventing future conflicts and facilitating resolution outside of the criminal justice system. This may involve counselling or other appropriate measures.
To navigate these options and explore the available legal avenues, it is crucial to consult with legal experts who specialize in Domestic Violence Offences. They can assess your specific situation, provide guidance, and help you understand the potential options for resolution. If you or your intimate partner has been charged with a Domestic Violence Offence and you wish to address the situation, we strongly encourage you to contact Godinho Zager LLP without delay. Our Criminal Lawyers offer a free consultation to discuss your situation and explore the available options to find the best way forward.
Yes. Section 11(b) of the Canadian Charter of Rights and Freedoms guarantees the right to be tried within a reasonable time. Generally, the court measures this timeline from the day you are charged to the last day of the trial. In the Ontario Court of Justice, the standard limit is 18 months, while in the Superior Court of Justice, it is 30 months. However, in exceptional cases, the court may set a lower limit.
If the timeline for a person’s criminal charges exceeds these limits, it may be considered a violation of their rights under section 11(b) of the Charter. In such cases, the court must dismiss the charges. However, there are factors to be considered, such as “Defence Delay” and “Exceptional Circumstances,” which may affect the determination of whether your section 11(b) rights have been breached.
“Defence Delay” examines whether the accused person or their lawyer contributed to the delay in the proceedings. For example, taking an unusually long time to hire a lawyer could be considered “Defence Delay.”
“Exceptional Circumstances” includes two categories: “Discrete Events” and “Particularly Complex Cases.”
Under “Discrete Events,” the court evaluates whether there were unforeseen circumstances that delayed the proceedings, such as the illness of the judge, lawyer, or prosecutor during the trial.
Under “Particularly Complex Cases,” the court considers whether the case was exceptionally complex, warranting more time than the standard limit. The prosecutor may need to demonstrate that the evidence or issues involved in the case required additional preparation and trial time. Factors such as the amount of evidence, number of witnesses, need for expert testimony, and the duration of the alleged offences may be taken into account.
Navigating a section 11(b) Application to have charges dismissed is a complex process. At Godinho Zager LLP, our Criminal Lawyers have extensive experience in handling such applications. If you believe your case has taken too long and your 11(b) Charter rights have been violated, we encourage you to contact us promptly. We offer a free consultation to discuss your situation and explore the available options.
In certain cases, the Prosecutor may agree to drop or withdraw a person’s criminal charges if they enter into a Peace Bond. A Peace Bond is a Court Order that typically lasts for one year and imposes conditions deemed appropriate by the judge. These conditions often include avoiding any contact with a specific individual or refraining from visiting places where that person is known to be present. Sometimes, the Peace Bond may also require the person to participate in counselling, such as Anger Management.
Entering into a Peace Bond does not result in a Criminal Record. By agreeing to a Peace Bond, the person does not admit any criminal guilt or civil liability. Instead, they acknowledge that certain circumstances caused another person to fear for their safety or the safety of their property.
Although a Peace Bond does not create a Criminal Record, it can still have implications for employment, volunteering, and travel. It is crucial to consult with legal experts specializing in Peace Bond resolutions before agreeing to one. They can assess the situation and explore the available options.
At Godinho Zager LLP, our Criminal Lawyers have extensive experience in handling Peace Bond Resolutions. If you or someone you know has been charged and offered a Peace Bond Resolution, we strongly recommend reaching out to us without delay. We provide a free consultation to discuss your situation and explore the legal avenues available to you.
Yes; but it is not automatic. Once you are released from custody and placed “on bail”, there are ways in which your conditions can be changed.
The most common way for this to happen is to discuss the bail with the prosecutor and have the prosecutor consent to the changes. This often involves discussing the issues you have with the current conditions, providing the prosecution with proof to document the issues you are having and then having the new bail order filed with the court and the police.
If the prosecutor does not consent to the changes, then the only recourse is to bring a “bail review” in the Superior Court of Justice. A bail review is a formal application filed and argued in the Superior Court of Justice where you must demonstrate one of three things in order for the conditions to be varied: (a) the conditions set below were clearly wrong, (b) there has been a material change in circumstances between the time your bail conditions were set and the time of your bail review, or (c) the judge or police committed a legal error when they set certain bail conditions.
Filing and arguing a bail review in Superior Court is somewhat complex and often requires legal expertise. At Godinho Zager LLP, our Criminal Lawyers have extensive experience in filing and successfully arguing bail reviews in Superior Court. If you or someone you know requires assistance in having your bail conditions amended or varied we strongly recommend reaching out to us without delay. We provide a free consultation to discuss your situation.
In Canada, a police officer is authorized to arrest and detain a person. Unsurprisingly, in apprehending, arresting or detaining a criminal suspect, police are regularly required to use force on individuals without consent. The degree of force necessary and reasonable to effect an arrest or detention varies from case to case. For instance, the police can—and will—use a different approach when the suspect is known to be armed and dangerous than when they are arresting someone for outstanding traffic tickets.
Improper or excessive use of force by a police officer in the execution of an arrest or detention may amount to a breach of a person’s Constitutional rights under s. 7 of the Charter: the right to security of the person. The court will consider all the circumstances of the particular case in deciding whether a breach has been established including the level of force used; the manner in which the force was used; injuries suffered; damage to property; the charges; the information about the suspect to name to name a few factors. The threshold for proving a violation of your rights is high: the police are not judged against a standard of perfection and mistakes or genuine errors are sometimes permissible. However, if a breach is established, there are various remedies you can seek at trial including a reduction in sentence, or in some cases, a stay of proceedings i.e. your charges are dropped.
If you or someone you know believes the police used excessive force while arresting you or while conducting a search of your property, we strongly recommend reaching out to us without delay. Our team of Criminal Lawyers have successfully argued these applications in court and we can discuss this issue with you during a free consultation.
The short answer is yes. In today’s criminal justice system, cell phone evidence often plays a crucial role in the prosecution’s case. This holds true for all types of trials and charges. Generally, there are two ways cell phone evidence can make its way into a criminal trial for the prosecution: (i) cell phone tower evidence, and/or (ii) cell phone extraction evidence.
(i) Cell Phone Tower Evidence and “Tower Dumps”
Cell phone tower evidence is generally used as a police and prosecutor’s tool for placing people at the scene of a crime. It involves the police taking certain legal steps to get the individual’s call records held by cellular service providers. What the records show vary from carrier to carrier but can generally show: the name and address of the person who is listed as the account holder; where a cell phone using a specific cell phone number was when it made a call or sent a text message.
“Tower Dump” evidence is another form of cell phone tower evidence, but is not linked to any one specific account or individual. Instead, the police ask cell phone carriers to provide a list of all calls and text messages sent near a single or multiple specific locations. With these records, police and prosecutors can create a list of all cell phones in an area at a specific time.
Cell phone tower records often play a crucial role in the prosecutor’s case against an accused. If used correctly with other pieces of evidence, these records can reveal certain trends or patterns and can tell police where a person was on a particular date, where the person works or lives and can often identify other suspects of a crime.
(ii) Cell Phone Extraction Evidence
Cell phone extraction is the process whereby a person’s phone is downloaded and searched by the police. Using different programs, the entire contents of a particular phone (calls, messages, photos, videos, contacts, GPS routes taken, internet searches, etc.) can become available to view in an electronic format. Once the phone is downloaded, the contents can be introduced against an accused person at trial. Often, police have the tools to extract the contents of a phone even if it is password protected. At times, these investigative tools can allow police to access messages and content on media platforms that are often believed to be “encrypted” like Whatsapp messages or allow police to access messages and photos believed to have been deleted or “wiped” from a phone.
(iii) What should I do if my cell phone was taken by police as part of an investigation or an arrest?
In today’s world, cell phones, like computers, contain immense levels of private information. As a result, these devices attract an incredibly high level of Constitutional protections in the criminal justice system. Our criminal lawyers have extensive experience in challenging the ability of prosecutors to introduce this evidence at trial by successfully scrutinizing the process and procedures used by police to gain access to this evidence. If you are concerned about the ability of the prosecution to use this type of evidence at your trial or are wondering whether the police were authorized to get this evidence in your case, call our Criminal Lawyers now.
A “prelim” or a preliminary inquiry, is a hearing held before trial where the prosecutor must demonstrate to a judge that there is enough evidence to take your matter to trial. This means that the prosecutor must demonstrate that there is some evidence on each element of the offence you are facing before a judge sends your matter to trial. Although it is a low threshold, cases are routinely “tossed” or discharged following a preliminary inquiry and the prosecution is prevented from prosecuting you for certain offences any further.
Typically, preliminary inquiries are only available if you have been charged with an offence where the prosecutor proceeds by indictment and the charge carries a maximum jail sentence of 14 years or more. Often, the police lay a mixed-bag of charges where some of the offences are “prelim” eligible and some are not. While the rules of evidence are somewhat relaxed during a preliminary inquiry, this is still complex legal proceeding. Often, a person can be committed to stand trial on charges that are different than (or more serious than) the ones for which they were originally arrested for. For this reason, we strongly recommend getting a lawyer to assist you in navigating these hearings.
If you are wondering whether your case is eligible for a preliminary inquiry or have questions about being charged with some “prelim eligible” offences call us now.