Calvin Barry Professional Corp Sponsors OPP Fundraiser

We were proud to sponsor a hole at the Andy Potts Memorial Tournament on Thursday, September 20th.

Provincial Constable Andrew J. Potts was a proud member of the Ontario Provincial Police. Andy had served the people of Ontario for seven-and-a-half years, initially serving at the Pickle Lake Detachment in 1998. While in Pickle Lake Andy received the Commissioner's Citation for life saving. Andy returned home to Muskoka in 1998.

On 20 July, 2005 Constable Potts and his partner Constable Matt Hanes responded to a call for service while serving the people of Muskoka. While enroute to this call the officers were involved in a motor vehicle collision. Constable Potts did not survive and his partner was seriously injured.
The Andy Potts Memorial Foundation now includes three fundraising events; The Andy Potts Memorial Golf Tournament, Andy's Ride and this year the inaugural Andy’s Snowshoe Poker Run. Family and friends have created these events to celebrate Andy's life and give back to the community that he loved and served.

To learn more about the Andy Potts Memorial Foundation, please visit: https://andypottsmemorialfoundation.com

Calvin Discusses Relationships and Criminality on AM 640

Listen to Calvin Barry discuss relationships and criminality on the Dating and Relationship Show on AM 640 Sunday Sept 23rd, 2018.

How to Handle a Fail to Appear in Court Charge

Failing to show up for a court date when directed by a judge is deemed as a criminal offence, same as failing to appear for fingerprinting and photographs as directed by the police. A legal charge may be filed against an individual who’ve committed any of the above. More information about handling a charge of ‘failing to appear in court’ is shared below.

Am I Guilty of Failing to Appear in Court if I Forgot About My Court Date?

For someone to be considered guilty of a ‘failure to appear in court’ charge, the act of not showing up for a hearing or not showing up for fingerprinting and photographs must be deliberate. It must be proven as an intentional act committed by the individual. Forgetting to appear in court will not lead to a conviction if it can be proven that the action was not done with intent.

Are There Lawful Excuses for Failing to Appear in Court?

Missing out on a court date may be accepted by a court provided that there was a really good reason for the act. Lawful reasons include health reasons necessitating a hospital stay as well as other circumstances that will make it physically impossible for a person to be in court (such as being in jail for an unrelated charge). Inexcusable reasons include being hungover, not waking up on time, or attending another engagement such as a job interview.

What to Do If I Missed My Court Date?

A warrant of arrest will be issued by the judge if a person failed to appear in court. As for photograph and fingerprinting, the police will issue a similar warrant. It is best to contact the court (or the police) as soon as possible with your lawyer’s help as soon as the mistake has been realized. If nothing is done within 2 to 3 days, the warrant will stay and have to be enforced.

Will Surrendering Help Prevent a Charge?

 Surrendering one’s self as soon as possible together with your lawyer’s explanation is often enough to get charges of ‘failing to appear in court’ dropped as well as for the warrant to be canceled.

Remember that timing and prompt action is of the essence if you failed to make an appearance in court. You need a defence lawyer who can present your reasons in a positive light to avoid a charge and a conviction. Calvin Barry is a Toronto criminal lawyer who can help. Contact Calvin Barry today!

What You Have to Know About Criminal Cases and Peace Bonds

A peace bond is an important agreement that a person makes with the court. Because it is an official agreement, agreeing to it or being imposed with it has legal consequences that you have to understand. We’ll talk more about peace bonds in Canadian criminal cases below.

What is A peace Bond?

A peace bond is an official agreement between a person and a court stating that he or she will follow certain rules. The rules may involve refraining from certain actions such as possessing an object, contacting someone, or frequenting a certain place.

Peace Bond Validity

The section 18 of the Canadian criminal code says that a peace bond can last up to a year or 12 months.

Violation of a Peace Bond

Because a peace bond is a legal agreement with the court, violating the terms of the peace bond is considered as a criminal offence more so when proven to be done intentionally. This means that violating the terms of a peace bond can result in prosecution and/or being fined a penalty. The fine is stipulated in the agreement and can be as much as $2,000 for a single violation.

Violating a peace bond can result in jail time of up to 4 years for an indictment and 18 months if prosecuted by summary conviction.

When to Agree to a Peace Bond

It is best to agree to a peace bond when you’re sure that you understand the terms you’re agreeing to. There are times when the prosecutor may offer a peace bond in exchange for withdrawing charges such as in the case of domestic disputes and some abuse cases.

Meaning of Agreeing to a Peace Bond

It should be noted that agreeing to a peace bond does not mean an admission of guilt to any charge and hence will not be a part of your criminal record. It is simply an agreement stating that you will not do anything that is specifically stated in the peace bond.

Before you agree to a peace bond, it is best that you consult with a defence lawyer for guidance as well as making sure that you fully understand the agreement. Calvin Barry is a Toronto defence attorney who’ll be glad to help you. Talk to Calvin Barry today via Twitter or Facebook for a fast reply!

Charged With Public Mischief in Canada? Here's What You Need to Know.

Do you know that a charge of Public Mischief in Canada is tried as a criminal offence that is punishable by up to 5 years of jail-time? Circumstances and the defence strategy will dictate the severity of the resulting sentence so you better be sure that you equip yourself with what you legally need if charged with Public Mischief.

First, What is Public Mischief?

In Canada, Public Mischief is committed when a person falsely reports another for any reason. Even in instances where the officer do not believe the false reports, simply trying to mislead the authorities can still lead to a charge of Attempted Public Mischief.

• You committed Public Mischief if you’ve ever:
• Made a false statement to accuse someone of an offence
• Tried to accuse someone to divert attention from yourself
• Did something to intentionally cause people to suspect somebody of committing an act that they didn’t do
• Falsely reporting the death of a person who is still living

Why Is Public Mischief A Crime?

The offence of Public Mischief is categorized as a crime to discourage people from filing false reports with the intent to mislead police officers and/or other people. Public Mischief is actually more serious than it initially looks because a false accusation can destroy lives and usurp limited police resources.

How to Get Acquitted from a Public Mischief Charge?

In order to be convicted, the Crown has to prove that the accused filed a false report, that the report is truly fraudulent, that the police responded to the false report, and that the false report caused the police to waste their time pursuing the false report. Because of these requirements, a good defence can help someone get acquitted or get a lesser charge.

Were you charged with a Public Mischief Charge? Calvin Barry Law might be able to help! Contact us as soon as possible so we can discuss the details of your charge and formulate the best defence for your case. The sooner you act to get a lawyer involved, the sooner this issue will get resolved. Talk to Calvin Barry today!

Reasonable Doubt and DUI Charge Acquittals in Canada

Although getting involved in a DUI usually starts with an officer suspecting (within reason) that someone has been drinking before driving, and only progresses into a DUI arrest when the officer has come to believe that the driver’s driving is affected by being impaired by alcohol, it should be noted that an arrest doesn’t always have to end in a conviction.

DUI Charges and Over 80 have to be proven beyond reasonable doubt before someone can be convicted. This means that anyone arrested for the said charges should be properly investigated and the findings recorded to prove that they are indeed truly guilty of the charges against them.

Things Can Get Tricky

There will be times when a person can get arrested for a DUI because of suspicion or circumstantial evidence. For example, if a person has been observed to be slurring his speech, walking unsteadily, driving in a weird or suspicious way, or have liquor in the vehicle. All of these details can arouse suspicion, but it should be noted that they do not prove that someone is indeed intoxicated while driving. This is where technicalities come in and why the arresting officer will have to get the arrested individual to give a breath sample at the station to determine their blood alcohol level. However, even a recorded blood alcohol level can be countered with technicalities which a DUI lawyer can come up with as part of the case’s defence.

Lawyer Up

Whether it is your first time to be charged with a DUI or not, your first step should be to get your case legally sorted out with the help of a DUI lawyer. If one or a few details leading to one’s arrest for a DUI or a charge of Over 80 can be utilized to disprove that the arrested individual is indeed guilty, the charges will have to be dropped and the person will be acquitted.

Getting arrested for a DUI doesn’t have to end with a conviction for a DUI. A seasoned DUI lawyer can help you get acquitted. For updates on cases that like this, you may follow Calvin Barry Law in Twitter, Facebook, or Medium. If you need a Criminal Lawyer in Toronto to formulate the best defense for your case, don’t hesitate to contact Calvin Barry.

New Phone Scam Rips Off More Than $5M from Five Torontonians

New fraud scheme targeted Torontonians and was able to fleece them out of more than $5M. Further evidence that phone scams are everywhere and with advances in technology, fraudsters seem to be getting smarter as well.

New Phone Scam Targeting Canadians

This new phone scam was targeted for land line users rather than cellphone users. It also seems to have the technology to keep calls connected and stay on the line even after victims hang up and call their banks or 911.
Toronto police shared that five victims from Toronto were drained of more than $5M, a huge sum!
The fraudsters pretend to be concerned retailers who are just alerting the victim of a possible fraud that is currently happening using their credit card. They then suggest that the victim should call their bank or 911 which the victims promptly do as soon as they hang up…only that the call isn’t really  over because the fraudsters are using technology that allows them to stay on the line. The fraudsters also pretend to be the victim’s bank or 911 when the victims thought they’ve dialed a new call. From herein, they convince the victim that the card fraud has to be investigated so the victims will have to move their money to an external bank account.

What the Police Says

Det. Sgt. Ian Nichol says that the fraudsters are pretty good pitch men. He also shared that the fraud has foreign involvement but that he can’t disclose where the calls are from more so that there may be domestic involvement as well.
Nichols shared that one thing the police can say is that this specific phone scam was engineered for landline use as the fraudsters seem to have created a way to make their modus possible.

Smart Criminal?

Police also shared that those who were victimized weren’t the type that would fall for scams. They added that this emerging scam could be targeting a lot of residents in Canada and must have been going on for the past few months as some of the victims shared.
Police believe that the victims were duped into providing their information and were prevented from seeking further help early on because the fraudsters convinced them that things must be kept under wraps as the supposed case is under investigation.
The smart criminals even told victims that bank employees could be in cahoots with fraudsters, further making victims think that they are dealing with the right authorities. The fraudsters were also reported to conduct follow up calls to update victims about the status of the ‘investigation’.
The calls would usually go on for a few days and only stop after the fraudsters have fleeced off everything they can from the victims (after they have withdrawn all money).

More Investigation Needed

The police are currently trying to find out if the victims were targeted because they have money or if the fraudsters simply got lucky with the calls they made. They are currently following leads and hoping they can catch the scammers before they strike again.
Worried that you’ll be targeted for a phone scam as well? It pays to be well-informed! Read about how phone scams can trick you and don’t forget to report suspected cases to the proper authorities. If you need help tightening your security measures or investigating possible fraud, feel free to contact us.