The repercussions could be more than monetary if you were involved in a car accident while driving drunk, causing injury to another person. In such cases, you could face a jail sentence and a lifetime driving suspension. You could also be looking at grave consequences if your blood alcohol level was more than twice the legal limit or if you have a prior conviction for a similar offence.

If you have been accused of such an offence, you need quality legal representation from an experienced Ottawa drunk driving lawyer who has successfully defended many clients charged with motor vehicle offences including impaired driving, driving “over 80″ and refusal to provide a breath sample. A skilled criminal defense lawyer will know how to review the disclosure to determine whether your Charter rights were violated during the process leading up to your arrest. A knowledgeable defense lawyer will look at why you were stopped, how the road side screening test was administered, how you were given your rights to counsel and whether the timelines prescribed by the Criminal Code were followed.

For more information on this subject, please request a free copy of Ottawa drunk driving defence lawyer Auger Hollingsworth book, “Fighting Drinking and Driving Charges.” In this informative book, Auger offers his extensive criminal defence experience to provide a step-by-step description from the initial charge stage all the way to sentencing. You will also get a lot of practical advice about how the client and the criminal defence lawyer can work together to achieve the best possible outcome.

In any criminal case involving motor vehicles, there are certain questions to ask in order to build a strong case. Did law enforcement officials have reasonable cause to stop you? If your case involves drunk driving, then did police administer the breath test correctly and in a timely manner? Was your vehicle equipment working properly at the time of your traffic stop? These are important questions to ask in order to develop the best possible defence in a traffic case.

If convicted of a traffic offence in Ottawa, you could face a number of serious consequences including jail time and losing your driver’s license. Please do not let this happen to you. Get in touch with Richard Auger and his skilled criminal defence lawyers who will use their vast network of experts and specialists to confirm or disprove the facts presented by the Crown. We understand the importance of making sure that our clients’ charges are reduced or dismissed altogether.

If you or a loved one has been charged with one or more motor vehicle offences, please contact Ottawa criminal defence lawyer Richard Auger for a free, confidential no-obligation consultation. Speak with an experienced criminal defence lawyer who has a reputation and track record for success with Ottawa traffic offence cases.

Domestic cases are emotionally charged.  You may feel like you have already been convicted of the charges or that your family has turned on you.  Whether you are not guilty of the offence you have been accused of, or whether you made a mistake you now regret, an experienced criminal defence lawyer can help.

Even in cases where you made a terrible mistake, an excellent criminal defence lawyer can help try to fix the problem, minimize the impact on your life and help you put the pieces of your life back together.

Find out for yourself what an experienced criminal defence lawyer can do in your case by taking advantage of the free consultation most lawyers offer.

What to Expect In A Domestic Assault Situation

When the police respond to a domestic call, they will typically remove the person who they believe to be the aggressor. You will be taken to the police station.  If you you are released from jail on bail,   you will likely have a restraining order imposed to keep you away from the alleged victim.  This can be stressful, especially if you have children which you are prevented from seeing.

Even if you are innocent, you must abide by the terms of your release, including any prohibition on contacting the complainant.  Breaching these conditions can result in another criminal charge.

In some situations, a criminal defence lawyer can help vary your bail conditions.  However, this process takes time and may not always succeed.

Can You Beat the Domestic Charges You are Facing?

In many cases an experienced criminal defence lawyer will succeed in getting your charges withdrawn or reduced.  But it is not easy and it is not a sure thing.   The Crown prosecutors in Ontario are very reluctant to dismiss domestic assault charges. Even if the evidence is weak, and even if  the complainant recants her/ his evidence,  it can still  be very tricky to win your case.  However, an experienced Ontario criminal defence lawyer  knows how to build an effective defence for the Crown and, if required, at trial.

Making a pitch to have the charges withdrawn for a peace bond or anger management classes is always another angle.

Ultimately, success in your case depends on the lawyer you chose and the facts of your case.   Calling a lawyer shortly after your charges will help you secure the best possible result.

The Canadian government is getting tough on these white collar crimes by proposing lengthier jail terms and heftier monetary penalties. Here are some of the initiatives that the government is proposing: White collar criminals who bilk their victims of more than $1 million will face at least two years in jail. And they cannot win parole after serving just one-sixth of their sentences. White collar criminals will also be barred for life from handling people’s money and will be forced to pay their victims back.

Some people are under the impression that white collar crimes such as tax evasion, embezzlement or breach of trust are not serious crimes. That is far from the truth. If you are found guilty of one of these crimes, you are looking at serious consequences including jail time, hefty fines and the possibility of losing your job, reputation as a professional and career forever.

If you have been charged with a white collar crime in Ontario, you need an experienced, aggressive and skilled criminal lawyer, if you want to avoid these severe consequences and penalties. This is a complicated, constantly-evolving area of law in Canada. If you do not have a knowledgeable Ontario defence lawyer on your side, you can easily be surprised by a negative outcome including a jail sentence.

The preliminary hearing (sometimes called a preliminary inquiry) is typically the first formal court proceeding where the Crown Attorney presents evidence to a judge to support the charges against you.

The main purpose of the preliminary hearing is to determine whether or not there is sufficient evidence to require the accused person to stand trial.

WHAT HAPPENS AT A PRELIMINARY HEARING?

Normally, the Crown attorney will call witnesses and tender evidence to establish that there is at least “some” minimal amount of evidence sufficient to proceed to trial.  The criminal defence lawyer is entitled to challenge the evidence and argue that there is insufficient evidence to proceed to trial.

At a preliminary hearing, the goal of the defence lawyer is to argue that the charges should be dismissed for lack of evidence or alternatively to cross-examine witnesses in order to secure evidence which helps prepare the defence for trial.

WHAT CAN A JUDGE DO AT A PRELIMINARY HEARING?

The judge who hears the preliminary hearing has limited powers.  The judge has no power to conclude that Charter rights were violated and therefore cannot make any orders under the Canadian Charter of Rights and Freedoms.  As well, the judge cannot determination that any provision of the Criminal Code of Canada is unconstitutional.  The judge has no power to make an order requiring the Crown Attorney to provide disclosure to the accused.

In addition, the judge does not have the power to assess credibility or weigh the evidence at the preliminary hearing.

The judge sitting at a preliminary hearing does have the power to grant adjournments, make orders that the evidence not be published, make rulings about the extent of cross-examination of witnesses and make rulings about the admissibility of evidence.

After hearing all of the evidence at the preliminary hearing, the judge will decide whether to order the accused to “stand trial” in the Superior Court of Justice or order to discharge the accused for lack of evidence.  The judge at the preliminary hearing never makes any finding about guilt or innocence.

The legal test for ordering an accused to stand trial has a very low threshold.  The test is whether or not there is any evidence upon which a reasonable jury, properly instructed, could return a verdict of guilty.  At a preliminary hearing the Crown Attorney does not have to prove the case beyond a reasonable doubt.

WHAT IS THE ROLE OF THE ACCUSED PERSON AT THE PRELIMINARY HEARING?

Normally, the accused will be present in court for the preliminary hearing.  The accused almost never testifies at the preliminary hearing.  Although, the defence has the right to call witnesses and lead evidence, it is normally only the Crown Attorney who does so.  The defence lawyer usually uses the preliminary hearing as an opportunity to learn more about the Crown’s case.

The preliminary hearing is an important aspect of the defence of your case.  It provides a unique opportunity to perhaps get the charges dismissed entirely or at the very least allows for an opportunity to undermine and challenge the Crown’s evidence.

If the preliminary hearing is conducted properly and goes well for the defence, it can lead to charges being dismissed by the Crown.  At the very least the Crown may realize that some or all of its case is weak and may agree to a favourable plea bargain.

We have had charges withdrawn during at the conclusion of the preliminary hearing because we were able to demonstrate through cross-examination how weak the evidence was.  This is of course a tremendous victory for the accused because it avoids the risk and expense of being forced to attend trial.

Accordingly, it is important that the accused you meet with your criminal defence lawyer well in advance of the preliminary hearing in order to fully prepare.  You want to know what witnesses the Crown will call and what the witnesses are expected to say in their testimony.  You will want to equip your defence lawyer with information about the witnesses and their anticipated evidence.  Try to provide your defence lawyer with information that helps your case and that can be confirmed by the Crown witnesses at the preliminary hearing.  You should even discuss with your Ottawa criminal defence lawyer whether it is worth conducting a preliminary hearing.  Sometimes, for strategic reasons it is advisable to waive the preliminary hearing and to proceed straight to trial.