The Rights You Must Know When Dealing with The Police

 

Dealing with the police is not uncommon. Whether you have done something wrong or not, there may be a time when you’ll have to deal with the police. As a Canadian, you are protected against unlawful or unreasonable exercises of police , such as an unlawful search by police. In case you are in a situation wherein you find yourself dealing with the police or in a similar circumstance where you are left wondering about your legal rights, know that a professional lawyer is just a call away. Do not hesitate to call a lawyer to be in a better position to defend yourself as well as prevent life-long consequences of legal technicalities.

How to Deal with The Police

First of all, know that you have a right to hire a lawyer or consult one before proceeding to answer police questions. In fact, the police are legally bound to help you find a lawyer or contact an existing one if you are detained or if you are in their custody. 

Rights When Dealing with The Police

Below are some your rights that you have to know about.

·        If you are at home, the police cannot enter without permission or a warrant. They also cannot search your home without a search warrant or your permission to do so.

·        If you are in a vehicle, the police may stop your vehicle but what you disclose (aside from license) is up to you. The police also cannot just search your vehicle without a reason.

These are just the gist of your many rights when dealing with the police. Other rights may come into play depending on the situation. If you are unsure about a situation or if you want to be certain that you are legally protected, it is best to contact a defence lawyer as soon as possible. Calvin Barry is a criminal defence lawyer in Toronto. Do not hesitate to contact Calvin Barry should you need legal consultation when facing the police.

Calvin Barry - Calculating Net Worth

True wealth comes down to net worth, a measure of not only what you truly own (your assets) but also of your debt (your liabilities). Once you determine your net worth, you can make the reimbursement of your loans and unpaid bills a priority, after which you can get started on the path to saving.

Three steps for measuring your net worth

First, calculate your total liabilities by adding up all your current debt amounts: outstanding credit card balances, mortgage loan, car loan, student loan, line of credit, personal loans, and so on.

Next, add up your assets: bank accounts, savings (RRSP, TFSA, RESP, stocks, bonds), potential pension funds, shares of a company, the value of a parcel of land, the cash surrender value of an insurance policy, etc.

Finally, subtract your total liabilities from your total assets. The result is your net worth.

For example, if you own a house with a market value of $200,000, a $20,000 vehicle, and $5,000 in bank savings, your total assets amount to $225,000. If you owe $215,000 on your mortgage, $15,000 on your car loan, and have unpaid student loans and credit card balances of $20,000, your liabilities add up to $250,000. Your net worth is therefore negative: -$25,000.

Since net worth is not a measure of what you possess, but of what you truly own, it is worth taking the time to reflect on another important factor: your lifestyle. Reviewing some of your living habits could be a very profitable thing to do, especially when your income is increasing. You could see the sums you set aside as savings grow more rapidly if you opt, for a while at least, to maintain your existing lifestyle rather than expanding it.

Naturally, the choice is yours entirely: you can buy the car of your dreams for $100,000 and after a few years be the owner of a vehicle—the same one—worth $20,000. You will have an $80,000 write-off, or almost $160,000 in pre-tax terms. Or you could wisely invest the same $100,000 and, just 10 years later, find yourself with an extra $50,000 in funds.

The Rights You Must Know if You Get Arrested in Canada

 

Getting arrested is far from being a pleasant experience but knowing what to do and how to behave when you’ve been arrested can help secure a good outcome for your case. Here are the 3 rights that you must know in case of an arrest in Canada along with further information on how to exercise them.

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Right to Speak With Your Chosen Counsel

The right to have an attorney is a fundamental right and is protected under the Canadian Charter of Rights and Freedoms. No matter what charge you’ve been arrested for (serious or petty), the police are obligated to help you contact your lawyer and to not force you to take a government lawyer if your chosen lawyer is not immediately available.

Note too that under this right, you also have the right to talk to your lawyer even when you’re not under arrest, such as in circumstances when the police request that you speak to them or go to the station. This is because details you may share may be used against you later. By having a criminal lawyer to consult with, you can better protect yourself against jeopardizing yourself.

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Right to Know What You’re Charged With

The police are obligated to inform you of the reason behind your arrest and what charges are filed against you. This is so that you will be able to make an informed decision regarding what information to share and what steps to take.

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Right Against Unreasonable Search or Seizure

Personal privacy, information, and other details are protected in Canada. This means that police officers do not have the right to search your possessions unless they have probable grounds to do so or if they can present a search warrant. If the officers have a probable cause, then you are expected to comply to avoid being charged with obstruction.

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Criminal cases may be dismissed or withdrawn at trial if it can be proven that the accused person’s rights have been violated by the arresting officer. 

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What To Do When You Get A DUI Charge In Toronto Or The GTA

Hiring a DUI lawyer is the first thing that anyone accused of driving under the influence or facing a DUI charge should do.

The above is to ensure that a good defense is established early on as municipal, provincial, and federal governments are quite strict and ruthless when it comes to prosecuting DUI cases.

Groundwork for Good Defense

Whether or not one is guilty of driving under the influence, the courts follow a procedure wherein the accused will be asked to appear in court. Should the first court appearance is to be without a lawyer, the defendant can file a request for two to three weeks continuance to find and hire a DUI lawyer. In the event that the prosecutor provides a disclosure package containing witness statements and police notes, a charge screening form, and a synopsis of DUI charge, this should be safeguarded and shared with the selected lawyer.

Going for A Guilty Plea

Hiring a DUI lawyer is a must even for those who plan to plead guilty. This is because even with a guilty plea, there are still negotiations to be done that can turn events to be more favourable for the defendant.

Note that pleading guilty will lead to a criminal conviction that will be tied to one’s name for life. It will be there no matter how much fine was paid and no matter how  long a jail time was served. It is one thing to be accused and convicted and a totally different thing to convict one’s self. For one, holding a public office will be next to impossible as well as having a career as a medical professional, a legal professional, part of the law enforcement, and many more. You will have to be fully aware of the consequences of pleading guilty before doing so. Having a DUI lawyer can help you with this.

Defend Against a DUI Charge

Choosing to fight a DUI Charge should begin with a good strategy formulated by a Criminal Lawyer. This requires a detailed initial consultation between the accused and the DUI lawyer to counter check all details which include but are not limited to:

• What the accused drank or ingested
• What the police saw and said
• What the defendant saw and said
• How were the intoxication tests administered
• Were there any witnesses
• Was the protocol followed
• How the arrest was done

Part of the defense for a DUI charge is for the defendant to behave as a model citizen and not cause trouble during the case’s duration. This means dressing appropriately for court, showing up on time, responding respectfully when addressed, and generally showing a sense of social responsibility. Know that no matter how amazing a DUI lawyer is, things will not end well with a client that comes to court late and obviously intoxicated.

A good DUI lawyer will prepare the client for cross examinations and giving testimonies, possibly going over questions the other party will ask to help the client be more confident and eloquent when speaking in court. All in all, a defendant that can show the court that he’s repentant and shows commitment to be a better person is a dream client to defend for DUI lawyers.

A DUI conviction can mean a stain on your record that can affect what jobs you can take, where you can buy or rent a home, how much insurance you’ll have to pay, and more. You need to ensure that you don’t hurt your chances of getting a DUI pardon as soon as possible and that you have a DUI lawyer that can mitigate your charges. Calvin Barry is a Criminal Defence Lawyer in Toronto that can help with this. Contact us today!

Is It Possible To Get Fired For A DUI?

If you have been charged for impaired driving or over 80, you may be worrying whether this could get you fired from your job more so if your job requires that you have a license. You may be concerned that your employer will terminate your employment and want to know if they have a legal basis to do so. The best way to get the answers that you need is to get proper legal advice and take note of the facts below.

Inform Your Employer About Your DUI

If your job requires you to drive or have an active license, you must immediately let your employers know if you have a DUI Charge as well as any development that follows. You must not operate a vehicle with a suspended license and your employers should not force you either.

If your license suspension is temporary, your employer can find you another task or role until you get your license back. If your loss of license is related to a disability or a disease (note that the Ontario Court of Appeal has declared that alcoholism is a disability) then your employer will be obliged to accommodate your loss of license as long as you are seeking proper treatment. This can mean being absorbed into another role in the company while your previous position remains open for you until you regain your ability to drive. If you will be fired for this, this might fall under disability-based discrimination in employment for which you could be entitled to general damages and wage losses compensation to be awarded by an Ontario Human Rights Tribunal.

When Can Your Employer Fire You Over a DUI?

An employer has no right to indefinitely suspend an employee following an impaired driving charge or an over 80 except in special circumstances. If the employer would do so, the employee will be deemed wrongfully terminated.

An employee on a contractual job with stipulations for termination of the contract if an employee were to be charged with a DUI can be fired legally. Some jobs require you to drive like a private investigator or delivery service.  Another situation wherein proper termination may be applicable is when the employee who has a DUI also happens to be involved in seriously negligent and dangerous behavior that could besmirch the employer’s reputation in the community. In some cases, the nature of the employer will be considered as well. For instance, if a person charged with a DUI is employed in an organization against drunk driving, then a misconduct related to drunk driving is a just reason for termination.

Know that each employment situation is unique when it comes to having a DUI charge. The laws and protections that may apply to you may vary based on the specific circumstances surrounding your DUI charge. The best way to get clear answers is to consult with an experienced DUI lawyer who is well versed with the defence of such cases. With the right information, you can retain your employment as well as avoid unnecessary tarnish to your name and to your employer. Contact Calvin Barry today if you’re looking for a DUI lawyer in Toronto.

Calvin Barry & His Wife Sophie

 Some photos of Calvin Barry and his wife Sophie. 

Throwback Thursday: Calvin Represents the 'Spice man'!

When Naveen Polapady threw Indian spices in the face of an alleged car thief, he became an instant social media hero in Toronto. 

With Calvin Barry as his lawyer, here are some articles detailing the incident and the events that followed:

• Spice man trial: ‘It felt like I was swallowing hot coals’
• Spice Man trial: Photos show cut and welts on man after confrontation with restaurateur
• Spice man trial: Assault victim asked why he didn’t seek help at scene

Need the services of Toronto's best DUI lawyer? A DUI conviction can mean a stain on your record that can affect what jobs you can take, where you can buy or rent a home, how much insurance you’ll have to pay, and more. You need to ensure that you don’t hurt your chances of getting a DUI pardon as soon as possible and that you have a DUI lawyer that can mitigate your charges. Calvin Barry is a Criminal Lawyer in Toronto that can help with this. Contact Calvin Barry Law today!