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: https://www.canada.ca/en/healthcanada/news/2017/04/backgrounder_changestoimpaireddrivinglaws.html

•      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!

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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.

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!

Calvin Barry | Alcohol Boating and the Law | What You Have to Know

Boating in Ontario is a common past-time that is loved by many more so for warmer months when it can feel like there’s not a better feeling than being on the water with a cold beer in hand. Before you get too excited, know that alcohol is frowned upon by the law when boating and more importantly, there are a lot of things you must know regarding the law doesn’t like you mixing boating and alcohol together.

When Are You Boating?

Are you aware that simply floating on a drifting kayak is part of what is considered boating? Vessels include inflatable rafts, sea-doo, dinghy, canoe, sailboat and canoe as defined by S.124 of the Canadian Criminal Code.

When Are You Boating and Drinking?

Being on a vessel (with no one else controlling it) while with a higher than the standard blood alcohol level is penalized with the same severity as committing Driving with Excess Blood Alcohol and Impaired Driving.

What Happens When Caught Boating with Alcohol?

A person on a vessel when stopped by an officer will be arrested for Impaired Operation if the officer perceives that the person in question is not fit to operate a vessel or if the officer has reason to believe that the person has had quite a lot to drink.

In the station, the arrested individual will be asked to provide breath samples into a breathalyzer to determine his or her blood alcohol level. A blood alcohol level that is more than 80 milligrams per 100 milliliters is considered to have committed an Over 80.

Specifics vary widely in terms of what was actually committed and how the arrest was made. The bottomline is, you cannot be ‘in control’ of a vessel and drinking alcohol as well. Barring certain circumstances, it is better for everyone on board to not be drinking to be on the safe side of the law and not get convicted because of a technicality.

Need help handling an alcohol-related boating offence? Call DUI Lawyer Calvin Barry ! He handles more than impaired driving cases and can assist you with your boating and alcohol-related charge.

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. 

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!