Protect Yourself From Mortgage Fraud and Real Estate Fraud

Mortgage fraud and real estate fraud are on the rise; and the frauds associated with them may take many different forms. As unsavoury as it is to think that these types of fraud happen around us, it is really of little wonder because fraudsters are opportunists and as such, they go for the biggest cons they can accomplish. Examples of the biggest heists in fraud are real estate fraud and mortgage fraud.
It is important to remember that the fraudsters behind mortgage fraud and real estate fraud are con artists who know how to use modern technology to their pull off their fraudulent schemes. They are able to do this because they know how the real estate process works and are able to spot loopholes that they can use against their victims.

Real Estate Title Fraud

Real estate title fraud is often made to look like a legitimate real estate deal by the fraudsters claiming that they now own the  target property because it was sold or gifted to them by the owner. The usual target here are seniors because it is more believable for a senior homeowner to sell or give their home away, aside from the fact that they usually have the largest assets which makes them attractive targets for fraudsters.
The thief obtains the land title of the victim’s home using a fake transfer document. The details in the document are usually compiled from information that were carelessly shared online (like posting photos of official documents on social media) or from a compiled database full of identity-theft data from target victims.

Mortgage Fraud

The title is then used to get a mortgage that the fraudster will never pay. The hapless homeowner is usually informed only when the home is near foreclosure. Imagine losing your home without knowing anything about an unpaid mortgage!
The average real estate fraud costs around $300,000. Nearly none of the fraudsters involved in schemes like this are ever caught and the homeowners are the ones who are left to cope with the aftermath.

How to Prevent Mortgage Fraud and Real Estate Fraud

People who have access to your personal information may use what they know about you to target you for fraud. The first step towards protecting yourself from being a target for fraud is to restrict what personal information you share publicly and limit who can access your information in the real world.
The above means doing all that you can to prevent identity theft and not being too trusting of neighbours, friends, caretakers, or even distant relatives. Your mail, bank statements, deeds and titles, insurance information, and all financial details must be kept where only you or a person you trust can access. This also means not giving away sensitive information over the phone (some fraudsters will pretend to be from the bank), not writing down your credit card details where unauthorized people may see them, and destroying mail before throwing it in the trash; basically following all the sensible steps to avoid fraud.
If you need a private investigator to check your vulnerability to identity theft, mortgage fraud, and real estate fraud, our private investigation services can assess your risk factors and help you address them. Contact Haywood Hunt today!

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!

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.

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.

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.

Calvin Barry is Proud to Support Cops for Cancer

Calvin Barry is proud to support Andrew Stewart in his fundraiser drive for Cops for Cancer. Proceeds from this fundraiser will support cancer research, programs, advocacy and other areas where it’s needed most.

Cops for Cancer was created from the idea of one man and has grown into an inspirational force engaging police officers and other emergency services and their communities in the fight against cancer.

Police and emergency services personnel continue to help drive the Cops for Cancer program by organizing events throughout the province. The events range from head shaves to participating in bike rides such as Pedal for Hope to organizing various school-based fundraising activities.

To support Andrew’s goal of $19,000, please visit his donation page here. Whether you donate $25 or $2,500, every amount helps: http://convio.cancer.ca/site/TR?px=8477001&fr_id=23890&pg=personal 

Here’s What to Do If You’ve Been Charged with Drug Possession

It is no doubt scary to be charged with drug possession. Like the thousands of people who find themselves charged with drug possession offence, you may be confused, unsure what to do, or worried about your future. A drug possession charge is tricky because even carrying minute amounts for personal use is tantamount to a charge, same as carrying small amounts of certain drugs can be considered contrary to the Controlled Drugs and Substances Act if you cannot provide proof of prescription or proof that you bought from a licensed producer.

Understanding Drug Possession

Drug possession is charged under the CDSA or the controlled Drugs Substances Act and not under the Criminal Code of Canada. As a CDSA offence, drug possession is prosecuted not by the Provincial Crown but by the Federal Crown. It is defined as:

• A person has the drug in his possession
• A person knowingly has the drug in the custody or possession of another person
• A person has the drug in a place that may or may not be occupied or owned by him
• Drug is found in the custody of several people who are aware of the presence of such drug

Drug possession can then fall under personal possession, constructive possession, and joint possession.

Punishment for Drug Possession

The punishment for a charge of drug possession varies based on the quantity and type of drug involved. First offence may mean a fine of a thousand dollars and 6 months imprisonment for summary conviction. The fines and prison stay get worse for subsequent offences. If the Crown chooses to go for indictment, it can mean incarceration of up to 7 years. Your defence lawyer can further explain what penalties you might face based on the details of your charge.

Know that every detail counts if you’ve been charged with drug possession. To protect your rights and make sure that you get the best defence, be sure to contact Calvin Barry if you’re looking for a drug possession lawyer to fight for you. Calvin Barry Law’s solid track record will give you the edge you need to get your life back on track and avoid mistakes that can cost you your freedom or your future.