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!

Monday, June 4, 2018

What You Need To Know About Disclosure in Canada




A disclosure package is given to any individual charged with a criminal offence in Canada to inform that individual of the case to be met in order for the same individual to make full answer for defence. 

Generally speaking, the Crown is obligated to disclose all information and control it has on the case with the exception of instances wherein those information are not relevant or when they are subject to privilege.

Inclusions in a Disclosure Package in Canada


Due to the importance of disclosure information in forming defence for the accused, the following are the typical items found in a Canadian disclosure package:

  • A synopsis consisting of the summary of allegations for the Accused
  • Statements provided by the Accused in videotaped, written, or audiotaped format
  • Statements provided by civilian witnesses in videotaped, written, or audiotaped format
  • The Accused’s criminal record
  • Memorandum notes by police officers
  • Copies of related court orders such as Probation Order, Recognizance of Bail, and the like
  • Applicable documentary evidence such as banking records, Expert Reports, and surveillance video


Important Details about Disclosure in Canada


It should be noted that the initial disclosure package need not necessarily include all the details that the Crown is obligated to disclose, and thus, important details might be missed if a case was handled by an inexperienced lawyer. 

An experienced criminal lawyer is your best bet in making sure that you’ll have all the information you need to formulate a good defence, more so in cases where missing out on one key detail can mean a huge difference in a case’s outcome. 

Drinking and Driving cases such as Impaired Care and Control, Excess Blood Alcohol, Impaired Operation, and Refusal to Provide a Breath Sample are cases that heavily rely on machinery and tools that may not reflect the truth. It is important to be able to scrutinize how the data were obtained and what they truly mean. Remember, success in defending criminal cases rests largely on how much information you have. 

Need to talk to a Criminal Lawyer in Toronto to help you understand Disclosure further? Calvin Barry is no stranger to Drinking and Driving cases and related charges. Contact Calvin Barry Law today!

2 Charges Dropped Against Calvin Barry's Client Mike Bullard



Calvin Barry's client Mike Bullard saw 2 charges against him dropped last week. Mr. Bullard is no longer facing the obstruction of justice and criminal harassment charges. 

Mr Bullard's lawyer, Calvin Barry was quoted as saying "it was very rare and I was quite surprised. Those were the two, by far, the most serious charges". My Barry also feels confident that the remaining charges will not lead to conviction. He stated "we're very close to resolving things". "It's not in the public interest to go ahead". 

Calvin Barry also said that Bullard has not had any contact with Mulligan for over two years and that his client would "gladly agree to a peace bond so both parties can move on." "This should properly resolve itself."

Read the Toronto Star article here.

Sunday, June 3, 2018

Calvin Barry - Pleading Guilty For A DUI In Canada


Pleading Guilty just to get things over with may work in your favor for a lot of cases, but that isn’t really true when pleading guilty for a DUI in Canada.

It  is often the case that those who’ve had their first DUI charge don’t want to deal with the anxiety and stress of going to court appearances and think that pleading guilty can result to less issues down the road. This is far from reality and the following reasons will tell you why.
It is Okay to Take Your Time

There is no rush when pleading guilty for a DUI in Canada because the court’s process takes months! You’ll have a few weeks to procure a criminal lawyer after your first court appearance (guilty plea or none). Your hired lawyer will take weeks to review the case against you, combing the disclosure for details and requesting for more information if needed.

You’ll Be Better Off When Making an Informed Decision for Real

Pleading guilty for a DUI in Canada during your first court appearance is like trying to pilot a plane on your first day at flight school. You don’t know how things work and by insisting on plunging head-on, you’ll be putting yourself in trouble and jeopardizing your future.
A Strong Case Against You May Be Absent

Your first court appearance is all about obtaining your disclosure – the file that contains the evidences against you as well as other important details that can help defend your case. It is possible that the disclosure can unlock the gates to your freedom!

Your Disclosure Can Clear Your Name

Some DUI arrests have mistakes that can mitigate circumstances or it is possible that you’re not supposed to be charged due to lack of evidence to begin with. A seasoned criminal lawyer can uncover all that and advise you on the best course of action to take to make the case’s outcome more favorable for you.

Remember, pleading guilty may or may not be the best course of action if you’ve been arrested for a DUI. It is best to consult with a criminal lawyer with an extensive experience handling DUI cases. Calvin Barry is a criminal lawyer in Toronto who can help. Contact Calvin Barry Law today!