Friday, June 3, 2022

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.

https://calvinbarryleads.wixsite.com/calvinbarrylawfirm/post/using-your-right-to-counsel

https://calvinbarryleads.wixsite.com/calvinbarrylawfirm/post/canada-to-increase-fines-for-dui-over-12

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.

https://calvinbarrylawyers.weebly.com/blog/what-to-do-when-you-get-a-dui-charge-for-the-first-time

https://calvinbarrylawyers.weebly.com/blog/worse-mistakes-people-make-when-charged-with-a-dui

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.

https://duilawyerstoronto.tumblr.com/post/686050728444313600/what-you-need-to-know-about-an-utter-threats

https://duilawyerstoronto.tumblr.com/post/686050427014430720/refusing-a-breath-sample-charge

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.

https://calvinbarrylawfirm.wordpress.com/2022/06/03/pleading-guilty-for-a-dui-in-canada/

https://calvinbarrylawfirm.wordpress.com/2022/06/03/what-you-have-to-know-about-facing-a-civil-lawsuit-with-a-criminal-conviction/

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. 

Wednesday, April 6, 2022

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!

Tuesday, October 26, 2021

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.

Wednesday, July 7, 2021

Calvin Barry & His Wife Sophie

 Some photos of Calvin Barry and his wife Sophie. 










Thursday, November 26, 2020

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:




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!


Thursday, November 5, 2020

Throwback Thursday: Calvin Barry Weighs in on the Rob Ford Crack Scandal


On the 7th year anniversary of Rob Ford admitting to smoking crack, we look back at Calvin's comments to the Toronto Sun. 

Toronto 2014 was a simpler time in Toronto, when our biggest news story was our crack smoking mayor. This Wayback Wednesday, we revisit this scandal in a Toronto Sun article featuring our very own Calvin Barry.

Full article test:

TORONTO - Punch drunk from revelation after revelation, there is one over arching question that seems to be ricocheting around the city.

With all the damning information that has emerged, why have no charges been laid against Mayor Rob Ford?

In these last tumultuous days alone, the imploding mayor has made some startling confessions: he’s smoked crack cocaine, he’s purchased illegal drugs during the last two years and he has indeed driven under the influence of alcohol.

And those are just his self-reported admissions of breaking the law. There are still the many other alleged episodes reported by Ford’s ex-staffers in explosive police interviews made public this week.

In these recently uncensored pages, there are at least two disturbing witness accounts of former staffers being in Ford’s vehicle while he was allegedly driving after consuming alcohol.

In the late spring of 2012, Jennifer Dwyer arrived at the mayor’s home to accompany him to an event. According to the court document, she texted another Ford employee to tell him the mayor was “impaired, driving very fast and that she did not know where she was going. Dwyer was scared in the vehicle.”

Former aide Chris Finkel told police he was a passenger in Ford’s Escalade on the way home from one of his high school football practices in the fall of 2012 when the mayor pulled over, grabbed a mickey of vodka out of an LCBO bag and in the space of two minutes, proceeded to chug it down between gulps of Gatorade. Ford then continued on his merry way.

Fickel was alarmed enough to wisely get out of the car. He said he regrets not reporting the incident.
Chief of Staff Earl Provost told investigators Ford was so intoxicated on the night of March 17, 2012 that he insisted on taking him home in a cab. But when the mayor got there, he got into his SUV and nearly struck the taxi as he speeded away.

The police themselves had Ford under surveillance this summer during Project Brazen — which is an interesting moniker in retrospect — and watched him having a boozy lunch before getting back behind the wheel “under the influence of alcohol and or drug but not to the state of impairment.”
How could they know that if they didn’t bother to pull him over?

“If #RobFord won’t resign, how much evidence is needed to press charges given his drinking & driving, drug use & other criminal acts?” asks Robert Zaichowski on Twitter.
How much indeed?

The mayor has even dared them. “If I did something illegal then arrest me,” Ford said in speaking to a radio interviewer 10 days ago. “Obviously, I haven’t.”

Police Chief Bill Blair will only say that his officers conduct their investigations and then place the evidence they gather before the Crown attorney to decide if charges are laid — which seems rather disingenuous considering police arrest people all the time using their own discretion.

But former Crown Calvin Barry explains that while “a lot of it is embarrassing and humiliating” there really isn’t enough here to make a charge stick against the mayor.

The allegations of drunk driving are simply hearsay, accusations made to police long after the fact. There’s no officer who stopped him, smelled alcohol or asked for a breath test. “You need evidence of impairment,” said Barry, now a defence lawyer. “Within hours, all the evidence evaporates.”

What about the admission of buying illegal drugs? Barry says a vague confession isn’t enough: the person would have to be specific about what kind of drug, when and where it was purchased. Police would have to have it tested to prove that it was really a narcotic and not some other substance. “We don’t have any of that here,” he said.

A current Crown attorney agreed, saying he also hasn’t seen enough to warrant a criminal charge. “There’s a very high threshold,” explained the prosecutor, who didn’t want his name used. “There’s no case here that you can prove beyond a reasonable doubt.”

But this Crown also predicts that may change in the near future.

“There’s some kind of play going on,” he said. “There must be something in the works. I can’t imagine this is the end of the show here.”

Monday, October 5, 2020

Effects and Consequences of Drinking and Driving


 


Drinking and driving can carry life-long consequences depending on the circumstances of the arrest. Not only do these consequences affect the individuals involved by them serving jail time, paying for fines, and losing one’s license, it can also lead to strains in relationships and financial difficulties that can hurt entire families. If you’re not sure how devastating drinking and driving can be, continue reading below.

What Defines Drunk Driving?

Drunk driving in Ontario is defined as operating a vehicle with a blood alcohol level that is ‘above 80’ or having more than 80 mg of alcohol per 100 ml of blood. Note that this blood alcohol level can vary between individuals who drank the same amount of alcohol based on their gender, weight, height, metabolism, body types, and other related factors. Some people may not seem impaired but have a high blood alcohol level. As little as one to two drinks can make an individual impaired if that individual has a slight frame and consumed the drinks within a short span of time.

Why is Drunk Driving Taken Seriously by the Law?

The consequences of operating a vehicle when impaired can result in loss of life and permanent physical damage if an accident occurs. This is why even first offences of drunk driving can face relatively severe fines compared to other run-ins with the law. Consequent charges of drunk driving are met with jail time, a criminal record, and fines. This is not an over reaction by the law because drunk driving remains as one of the top offences every year based on statistics.

How to Face a Charge of Drinking and Driving?

Because drinking and driving is treated as a serious offence, a charge should be legally addressed promptly. If you have been arrested for drinking and driving and Canada, you must hire a DUI lawyer as soon as possible to make sure that everything is clarified to avoid a criminal record or minimize the severity of the punishments legally. Calvin Barry is a criminal defence lawyer in Toronto who handles charges of drinking and driving as a DUI lawyer. Contact Calvin Barry today.