Tuesday, May 22, 2018

The Bail Hearing Process in Canada

Dealing with an arrest related to a criminal offence is not just scary, but is emotionally draining and very stressful as well. You’re not sure if a criminal charge will be your future, whether you’ll be simply released, or if you’ll be held for a bail hearing.

A bail hearing is part of your rights in Canada, as it is stated in the Canadian Charter of Rights and Freedoms under Section 11(e) that detained individuals in Canada have a right to reasonable jail except in instances when they should remain in custody.

From Arrest to Bail

After an arrest, the accused person is transported to a police detachment for interview and questioning. The police is required by law to inform the accused of his right to remain silent as well as his right to a defence lawyer. The police will also inform him that if he does not have a lawyer, access to one will be provided to him. Once the accused has had a chance to talk to his lawyer, the police can then proceed with the interview.

After the above is completed, the police can either release the accused or keep him in custody for a formal bail hearing. A Justice of the Peace at the bail hearing shall determine whether the accused will be held further or released on bail based on the severity of the crime or crimes committed and other details.

Prompt Action Is A Must!

There are a lot of technicalities involved in this that can be best explained by an experienced criminal lawyer. You will want to ask about what is a surety, what are typical bail conditions, and ensure that you talk about bail variations.

Need a criminal lawyer’s help for someone who’ve been arrested and charged with a criminal offence? Contact Calvin Barry Law today! Calvin Barry is a Toronto Criminal Lawyer with decades of experience defending accused individuals and helping them get bailed.

Calvin Barry Representing Mike Bullard Comments on New Charges Against Him

Calvin Barry's client, former tv and radio talk show host, Mike Bullard was recently arrested and charged with 3 new counts against him. 2 counts of fail to comply with previous bail conditions and attempt to obstruct justice.

Outside the courthouse Calvin said "the new fail to comply charges relate to alleged offences dating back more than a year... The attempt to obstruct justice is connected to an incident that allegedly occurred January 18th, 2018".

 Mr Bullard was released on bail and as a condition is noew staying with his brother Joseph Jackson at his home in Brantford Ontario. Mr Barry said "He can go anywhere, anytime with those four people, including the surety's common-law wife, but has to stay in Canada. So it's very flexible," said Barry.

Read the full article on The Toronto Star here. 

Monday, May 14, 2018

What You Have to Know About Impaired Driving Charges in Canada

Having an impaired driving charge in Canada is a serious matter that can be mitigated if acted upon quickly. In this article, we’ll tackle what details you have to know about having an over 80 charge against yourself and how having a DUI lawyer as soon as possible can help you out.

Drinking and Driving in Canada

Drinking and driving in Canada will result to an impaired driving or an over 80 charge if caught by authorities. Basically, this means that you’re charged because you’ve been found to have an over 80 alcohol level in your blood and was driving when you shouldn’t have.

At the point of having an active DUI charge, you’ve probably already:
  •         Had a few hours spent in police custody
  •         Have a 90-day license suspension
  •         Paid fees for towing and impounding if your vehicle
  •         Have no vehicle because it is currently impounded for a week
  •        Experienced a lot of mixed emotions and is most likely feeling upset about the whole situation

And on top of the above, you have no idea what to do and how to deal with the criminal process plus your upcoming court appearance.

The fact is that thousands of Canadians face charges of impaired driving every year. An impaired driving charge is the most common criminal offence in Canada. Although it is embarrassing to be charged, it is not the end of the world.

DUI Charge in Canada – What You Have to Do

Drinking and driving in Canada is a very serious criminal offence despite how common it is. To ensure that you’ll achieve the best outcome for your case, you have to understand that there are certain technicalities regarding timelines that have to be observed (especially in Ontario).

In view of the above, seeking legal counsel for impaired driving as soon as possible is for your best interest. A DUI lawyer will know what information is relevant for you and what course of action is the most important one to take.

DUI Charge in Canada – What You Should Not Do

If you don’t have a DUI lawyer yet but have been charged with an over 80, know that pleading guilty is not going to help you a lot (even for a first offence). There are instances wherein pleading guilty may work in your favour but generally speaking, simply entering an early plea is not a guarantee of having a more favourable outcome. More so, a guilty plea means having a criminal record that can severely affect your ability to travel, buy property, get a loan, and seek employment.

Remember, the outcome of your DUI charge rests on many factors that are inter-dependent and are time-sensitive. No two cases of a DUI charge are exactly alike and thus, outcomes vary as well. It is best to seek legal counsel from a DUI lawyer before doing anything that can make life a lot more difficult for yourself.

Have you been charged with impaired driving in Canada? Calvin Barry Law can help! Calvin Barry is a Toronto Criminal Lawyer with almost 2 decades of experience helping those with driving offences. Contact Calvin Barry today!

Tuesday, May 1, 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!

Monday, April 23, 2018

Calvin Barry Lawyer Toronto - 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!