Wednesday, August 8, 2018

Charged With Public Mischief in Canada? Here's What You Need to Know.

Do you know that a charge of Public Mischief in Canada is tried as a criminal offence that is punishable by up to 5 years of jail-time? Circumstances and the defence strategy will dictate the severity of the resulting sentence so you better be sure that you equip yourself with what you legally need if charged with Public Mischief.

First, What is Public Mischief?

In Canada, Public Mischief is committed when a person falsely reports another for any reason. Even in instances where the officer do not believe the false reports, simply trying to mislead the authorities can still lead to a charge of Attempted Public Mischief.

  • You committed Public Mischief if you’ve ever:
  • Made a false statement to accuse someone of an offence
  • Tried to accuse someone to divert attention from yourself
  • Did something to intentionally cause people to suspect somebody of committing an act that they didn’t do
  • Falsely reporting the death of a person who is still living

Why Is Public Mischief A Crime?

The offence of Public Mischief is categorized as a crime to discourage people from filing false reports with the intent to mislead police officers and/or other people. Public Mischief is actually more serious than it initially looks because a false accusation can destroy lives and usurp limited police resources.

How to Get Acquitted from a Public Mischief Charge?

In order to be convicted, the Crown has to prove that the accused filed a false report, that the report is truly fraudulent, that the police responded to the false report, and that the false report caused the police to waste their time pursuing the false report. Because of these requirements, a good defence can help someone get acquitted or get a lesser charge.

Were you charged with a Public Mischief Charge? Calvin Barry Law might be able to help! Contact us as soon as possible so we can discuss the details of your charge and formulate the best defence for your case. The sooner you act to get a lawyer involved, the sooner this issue will get resolved. Talk to Calvin Barry today!

Thursday, August 2, 2018

Reasonable Doubt and DUI Charge Acquittals in Canada

Although getting involved in a DUI usually starts with an officer suspecting (within reason) that someone has been drinking before driving, and only progresses into a DUI arrest when the officer has come to believe that the driver’s driving is affected by being impaired by alcohol, it should be noted that an arrest doesn’t always have to end in a conviction.

DUI Charges and Over 80 have to be proven beyond reasonable doubt before someone can be convicted. This means that anyone arrested for the said charges should be properly investigated and the findings recorded to prove that they are indeed truly guilty of the charges against them.

Things Can Get Tricky

There will be times when a person can get arrested for a DUI because of suspicion or circumstantial evidence. For example, if a person has been observed to be slurring his speech, walking unsteadily, driving in a weird or suspicious way, or have liquor in the vehicle. All of these details can arouse suspicion, but it should be noted that they do not prove that someone is indeed intoxicated while driving. This is where technicalities come in and why the arresting officer will have to get the arrested individual to give a breath sample at the station to determine their blood alcohol level. However, even a recorded blood alcohol level can be countered with technicalities which a DUI lawyer can come up with as part of the case’s defence.

Lawyer Up

Whether it is your first time to be charged with a DUI or not, your first step should be to get your case legally sorted out with the help of a DUI lawyer. If one or a few details leading to one’s arrest for a DUI or a charge of Over 80 can be utilized to disprove that the arrested individual is indeed guilty, the charges will have to be dropped and the person will be acquitted.

Getting arrested for a DUI doesn’t have to end with a conviction for a DUI. A seasoned DUI lawyer can help you get acquitted. For updates on cases that like this, you may follow Calvin Barry Law in Twitter, Facebook, or Medium. If you need a Criminal Lawyer in Toronto to formulate the best defense for your case, don’t hesitate to contact Calvin Barry.

Wednesday, July 25, 2018

What You Must Understand About Consent and Sexual Assault in Canada

Sexual assault is not synonymous to rape, though many people may have that false understanding of what constitutes sexual assault. In Canada, sexual assault refers to an umbrella of actions of a sexual nature that violates a parson’s sexual integrity. This means that in Canada, sexual actions without the other party’s consent may fall under sexual assault.

Factors in Sexual Assault

Aside from consent, other relevant factors that are considered in sexual assault are:

  • The accompanying words and gestures surrounding the act
  • The nature of the contact
  • What part of the body was touched
  • What was the situation when the contact transpired
  • Threats with or without force
  • And any other circumstances surrounding what happened

Is Rape a Criminal Offence in Canada?

Canada’s Criminal Code doesn’t have rape listed as an offence. Rape is classified under the broad category of offences named as ‘sexual assault’. To differentiate between the types of sexual assault, additional terms are attached to the term to describe the nature or the circumstances of the offence.

Why is Consent Important in Determining Sexual Assault?

Because sexual assault is a violation of someone’s sexual integrity in Canada, consent is a crucial factor if someone was indeed violated. When someone consents, then it means that that person is making an informed decision to voluntarily participate in a certain sexual act.
Key things to remember about consent include:
  • Consent can be limited to specific acts only
  • Consent can be retracted, even in the middle of the act
  • Consent has to be given again if the act is to be repeated
  • Consent is still required between married couples and people in a relationship

Please note that the information shared in this article are not meant to be interpreted as legal advice and should only be taken as educational information. Should you need help from a Criminal Lawyer in Toronto, Calvin Barry is your best option. Calvin Barry Law has extensive experience and years of practice in Criminal Law including handling sexual assault cases. Contact Calvin Barry right away!

Thursday, July 19, 2018

Domestic Violence Allegations in Canada Are More Common Than You Think

Domestic violence allegations are not typical conversation topics but knowing what to do when accused should be something that everyone must read about if living in Canada.

The 101 on Domestic Violence

Believe it or not, allegations related to domestic violence are as common as drinking and driving cases when it comes to which criminal allegations are the most common in Canada. Contrary to popular belief, domestic violence do not just occur between spouses, partners, boyfriend and girlfriend relationships, or common law spouses. It can encompass violence between siblings, those occurring between parent and child, and also include violence between grandchild and grandparent.

What Charges Fall Under Domestic Violence Allegations?

The following broad array of charges are under domestic violence allegations:
  • Aggravated Assault
  • Assault
  • Assault Bodily Harm
  • Assault with a Weapon
  • Attempted murder
  • Criminal Harassment
  • Manslaughter
  • Murder
  • Sexual assault
  • Utter Threats
  • What Happens After a Domestic Violence Charge?

A domestic violence charge will be followed by an arrest and a bail hearing. After bail, the accused will be barred from contacting the complainant to avoid the possibility of further abuse and witness tampering. This can be very distressing for both parties as trial usually isn’t scheduled until many months after.

Note that a trial will still take place even when the complainant decides not to pursue the case because a domestic allegation charge is a criminal offence . This means that the decision to pursue will be under the Crown Attorney’s Office once the police filed a case. .

Were you or someone you know involved in a domestic violence allegation? You must immediately seek the help of a professional Criminal Lawyer to do everything you can for the outcome to be favourable for you. Calvin Barry Law will be able to help. Contact Calvin Barry today to discuss what steps are next best to take legally. 

Driving While Impaired By Drugs – Must Know Changes to the Law

The recent changes in how cannabis is allowed to be sold and used caused a change in how our government handles cases related to the use of substances before and during driving. Read below to find out what the latest changes are and what they mean.

The Changes

The new stand on the law states the following:
  •      An oral fluid sample may be demanded by a peace officer from a driver suspected of driving under the influence
  •      The peace officer will have reasonable grounds to believe that the driver committed an offence should the oral fluid sample test positive for a drug, and validates an arrest
  •      An evaluating officer will demand a drug evaluation or a blood sample from the detained driver

New Guidelines

Furthermore, a new criterion for determining the level of cannabis in the driver’s body has been established. This is based on the level of THC in the body of detained person.  Full details are at:

  •      2 nanograms (ng) but less than 5 ng of THC per milliliter of blood measured at within 2 hours of driving will be punishable by fine of up to $1,000  and be treated as a separate summary conviction criminal offence
  •      5 ng or more of THC per milliliter of blood measured at within 2 hours of driving can be treated as a summary conviction or an indictment depending on severity because it is classified as a hybrid offence
  •      Combined THC and Alcohol wherein the blood alcohol level is over 50 mg per 100 milliliter of blood combined with a THC of more than 2.5ng per milliliter of blood measured within 2 hours of driving is also a hybrid offence

Note that the maximum penalties for those found to be driving under the influence of alcohol is the same as those who were caught driving under the influence of drugs.

Need help from a DUI lawyer in Toronto? Calvin Barry is a veteran of handling drug charges, Over 80, and impaired driving charges in Canada. If you or someone you know have an issue with driving under the influence contact DUI Lawyer Calvin Barry today!


Thursday, June 21, 2018

Canada To Increase Fines for DUI Over .12

The Canadian government is going to increase fines for criminal DUIs and making a move to codify aggravating factors that are usually left for a judge to decide on.

Fines to Change

The omnibus Bill C-46 brought on the changes related to drinking-driving offences, even changing the designations for DUI now having DUI over 0.12 and DUI over 0.16.

Different punishments will be meted for different blood-alcohol concentration in the new proposed law. If it pushes through, a person with a blood-alcohol concentration (BAC) of 0.12 will face a minimum fine of $1,500 and a person with a BAC of 0.16 will face a $2,000 fine. The fine to be paid is on top of facing a criminal conviction, needing to attend remedial programs, and having a 1-year driving prohibition.

The new fines are a bit hefty compared to what judges usually order particularly for first time offenders. However, to be fair, a lot of impaired driving cases do involve people driving around with a BAC 0.12. The fact that the difference between a 0.11 and a 0.12 can be chucked to a breathalyzer error or some other factor has been considered but wasn’t given much weight.

Judges No Longer Have a Say on Aggravating Factors

Getting fined $2,000 because you resisted arrest, have a BAC of 0.25, and tried to flee an accident site is fair but under the new law, a person simply driving with a BAC 0.16 will be fined the same. This may raise your eyebrows and you won’t be alone in thinking something isn’t adding up. However, the new law will have to be observed and implemented whether people agree with it or not.

It is clear that bill C-46 aims to create a mandatory list of minimum fines for different BAC of those caught committing a DUI. This change means that further evaluation of the case and circumstances will no longer have a bearing on the fine. It is now only a matter of months before the bill becomes an actual law.

New Punishments for DUI Offences

Minimum punishment will be comprised of paying a fine of $1,000 for first offence, an additional of 30 days imprisonment for second offence,, and imprisonment of 120 days for the third offence and above. Imprisonment of no more than 10 years will be meted if the offence is prosecuted by indictment. For offence that is punishable on summary conviction, punishment will be an imprisonment of not more than 2 years minus a day. Paying a fine of $1,500 for a BAC of 0.12 and paying $2,000 for a BAC of 0.16 goes on top of previously mentioned punishments

Do you need assistance from a DUI Lawyer in Toronto? Contact Calvin Barry Law for help! Calvin Barry specializes in Criminal Law and has handled an impressive number of DUI cases. Make sure that you’ll tackle your DUI charge as smartly as possible by talking to us as soon as possible. Call Calvin Barry today! Also, follow Calvin on TwitterLinkedIn and Facebook here!

Thursday, June 7, 2018

What To Do When You Get a DUI Charge for The First Time

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 more so that territorial, 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 Lawyer in Toronto that can help with this. Contact Calvin Barry Law today!

Also, follow Calvin on Twitter and Facebook here!