Thursday, June 13, 2019

Throwback Thursday: Calvin Barry Represents the 'Chinese Warren Buffet'




With convicted fraudster Weizhen Tang in the news this week, as the OSC watchdog warned investors to stay away from him after he served 6 years in prison for fraud, we look back to 2009 when Calvin Barry represented Tang.

https://www.thestar.com/business/2009/06/11/chinese_warren_buffett_facing_charges_of_fraud.html

https://toronto.ctvnews.ca/accused-ponzi-schemer-is-broke-lawyer-says-1.473842

Tuesday, May 14, 2019

Choose a DUI Lawyer Wisely to Find Your Best Ally




A DUI charge is a serious offence with equally serious consequences. It is best to make sure that you find the right legal representation for you to safeguard your chances of keeping your life intact after a DUI charge. But with everything else going on, how do you choose a DUI lawyer wisely?

The right DUI lawyer for you is not just your legal representative. Your DUI attorney is your ally who will advocate for your rights and help you get your life back. Below are some qualities that you should look into before hiring a DUI attorney.

Great Communication Skills

Your lawyer should be able to explain how the law works to you without you having to search for the meaning of certain words. If your lawyer can explain the law to you, then he or she can also present facts in court in an eloquent and understandable manner.

Extensive Knowledge of the Laws and Regulations Concerning DUI Charges

As your legal representative, your drinking and driving lawyer should be someone who knows the ins and outs of handling cases like yours. You need someone who is updated with the latest developments in the law so that your attorney can devise the right defence for your DUI charge.

Good Reputation

The last thing you need is a lawyer who does not have a good track record. By going for someone with a positive reputation, you can have better assurance that your case will be handled properly.

Excellent Rapport

Your lawyer should be able to make you feel at ease. He or she should gain your trust and must be able to relate well with you as well as other people.
Remember that the outcome of your DUI charge can drastically alter your life. It is in your best interest to hire a DUI lawyer that has a solid reputation and is someone that will be your best ally to win your case. Contact Calvin Barry if you need a DUI lawyer in Toronto!

Monday, May 6, 2019

Take Note of Your Basic Rights When Arrested




Being arrested is not only a physically stressful experience but has a huge emotional and psychological impact too. Imagine losing your freedom, facing the unknown, and being away from your loved ones in a matter of seconds. It is of utmost importance to know your rights when arrested so that you can remain calm and properly address your situation by getting legal counsel as soon as possible.

Know Your Rights


When detained, the Canadian Charter of Rights guarantees that everyone has the following rights.
  • To be informed regarding the reason behind your detention or arrest.
  • To be informed of your right to have access to legal counsel and to contact your lawyer immediately and told that in the event you don’t have a lawyer, you have a right to obtain free legal advice from a Duty Counsel before you make a decision on providing a statement to the police.
  • To be informed that you have the right to remain silent because anything you say can be taken against you by law and in court.
  • To be provided a reasonable opportunity to communicate with your lawyer in private or talk to a Duty Counsel in private.


What to Do in Case of Arrest


Avoid additional charges and problems by cooperating with the arresting officer and not resisting arrest. Make sure that you identify yourself truthfully or remain silent instead of lying. Ask to speak to a lawyer as soon as possible and know that you cannot be detained without due reason (which can be sorted out by your lawyer). Understand that the police have a legal obligation to help you contact your lawyer or get you one if reasonable attempts have been made and your chosen lawyer cannot be reached. If you’re under 18 years of age, your guardians will be contacted along with your defence lawyer.

Contact a Lawyer


Were you or someone you know arrested and you’re looking for a defence lawyer? Contact Calvin Barry for immediate response. Calvin Barry have been a Canadian defence attorney for decades. His expertise in law is one of the best in the field. Talk to Calvin Barry today!

Tuesday, April 23, 2019

How to Face a DUI or an Impaired Driving Charge in Ontario


If you’ve been arrested or charged for a DUI or Impaired Driving Charge in Ontario, there are some things that you should know prior to calling your DUI lawyer. Your Impaired Driving lawyer will do what he or she can to defend you, but you also have to provide the right information for your defence.

Understanding Impaired Driving


In Ontario, Impaired Driving is defined as the act of operating a motor vehicle while an individual is intoxicated with either drugs or alcohol.
The term “motor vehicle” includes the following:

  • Cars
  • Motor boats
  • Off-road vehicles
  • Seadoos
  • Snowmobiles
  • Trucks


What is Over 80?


A charge of Over 80 means that an individual was found by law officers to be operating a motor vehicle while having a blood alcohol level of 80 mg per 100 ml of blood. In Ontario, this blood alcohol level is considered impaired by local standards and is also against the law.

Note that a driver may feel perfectly fine and not drunk at all yet still register a blood alcohol level that is over the legal limit.

When Can the Police Ask You to Breathe into a Breathalyzer?


When you’ve been pulled over by the police,  the police is within their authority to ask you to breathe into a breathalyzer when there is due reason to suspect that you’re drunk, such as when you smell like alcohol or if there are liquor bottles inside your vehicle. Other valid reasons include telling the officer you’ve had a few drinks or if the police witnessed you driving erratically.

Know that pretending to breathe into a breathalyzer or refusing to breathe into a breathalyzer is punishable by the law.

What Are the Consequences for Impaired Driving in Ontario?


The consequences of impaired driving vary based on several factors. Factors include your blood alcohol level and whether or not you have a previous record for drinking and driving. Your DUI lawyer will explain this to you because consequences may or may not include jail time, losing privileges to drive, fines, and more.

A DUI charge is a serious offence. You need a seasoned DUI lawyer to make sure that your case is properly defended. If you’re in jail and can’t meet with a DUI lawyer, you may ask the police to contact one for you. Know that you can mention a DUI lawyer like Calvin Barry and the police are bound by duty to contact your drinking and driving lawyer for you.


Thursday, March 28, 2019

What You Need to Know About Distracted Driving in Ontario




Ontario passed new laws about distracted driving in January 2019 to provide better protection for both drivers and pedestrians. The new laws carry expensive fines and severe punishment for those caught for distracted driving in Ontario.

What is Distracted Driving?


According to the new law, distracted driving is more than just prohibiting cell phone use and texting while behind the wheel. New rules define distracted driving in Ontario as the use of any electronic device while driving and also includes drinking and eating while driving. Prohibited electronic devices include GPS units, pagers and cell phones. By this definition, checking your messages and trying to drink your morning coffee while driving to work in the morning now counts as distracted driving.

Types of Distracted Driving


Traditionally, there are 4 categories of distractions that cause distracted driving. These are visual, manual, cognitive, and auditory.

  • Auditory distracted driving is when you drive with impaired hearing (either due to headphones or blasting loud music), preventing you from hearing sirens, warning sounds, and the like.
  • Cognitive distracted driving is when your brain is multi-tasking and too overwhelmed to efficiently concentrate on the road. Examples are carrying with a phone call, eating while driving, and the like.
  • Manual distracted driving is when something causes you to take your hands off the wheel such as drinking, putting on makeup, trying to eat, responding to text, etc while driving.
  • Visual distracted driving is when the driver is prevented from fully looking at the road or checking the side and rear mirror by any other stimuli such as looking at the phone or the GPS.


Penalties for Distracted Driving


The penalties for distracted driving include fines, license suspension, and marring your driving record. Although the fines and punishments are not immediately enforceable right after you’ve been pulled over, it is still best to avoid being caught by adhering to the new laws or you’ll have to defend yourself with the help of a seasoned defence lawyer.
If you’ve been charged for distracted driving, be sure to contact Calvin Barry as soon as possible. With a long career as a DUI lawyer in Ontario who also handles traffic-related cases, you can count on having a good distracted driving defence with Calvin Barry.


Monday, February 25, 2019

Can You Lawfully Film the Police?



The invention of smartphones and portable video recording devices have changed our lives. More than ever, information can now be easily shared online, either recorded on devices or streamed using devices. This has been proven helpful in recent cases where police acted overly harsh or when they were unexpectedly brutal. The question is, is it legal to film the police when they are making an arrest or performing their duty?

To Film or Not to Film

There have been cases when police threaten to seize the phones of people filming them such as in the case of the Toronto police who tasered a man near Ryerson University. In that case, a letter carrier was walking with his wife and saw the police arresting a man. He promptly started recording when he saw a police officer kicking the man while the man was being restrained. The police then told the letter carrier that they will seize his phone as evidence. Note that the police cannot lawfully do that as videotaping without interfering is not prohibited by any law. The person videotaping the incident did nothing wrong.

In fact, videotaping the police in the performance of their duty can be a huge help in documenting the circumstances of an arrest or a pursuit. Some police have started wearing body cameras for their own protection too so that suspects cannot claim events that did not transpire.


The Real Deal
To be clear, you may videotape a police interaction provided that you do not interfere with the police while they are performing their duty. It is best to keep a safe distance away and to comply with officers’ reasonable requests.

If you got in trouble for videotaping police officers, then be sure  contact a defence lawyer as soon as possible. Save any recordings and have a criminal defence lawyer like Calvin Barry look into your case to build your best defence. Calvin Barry Law can help, but you need to act fast and act smart too.