Hamilton Criminal Lawyers Hamilton Ontario

There are numerous ways an individual can commit arson under the Criminal Code, and the penalties can be severe. Depending on level of damage and injury caused, one can face a maximum punishment of life imprisonment.

Assault with a weapon is a more serious charge than “simple assault”, but is a very broadly defined type of offence. A person can be charged with assault with a weapon even if they did not actually strike the other person. Depending on the context in which it is used, any item can be considered a “weapon”.

The first step after a person is charged with any offence is determining how they will be released pending the outcome of their case. People who have criminal records or are facing serious charges are often held for a bail hearing.

If a person is denied bail, they may bring a Bail Review. Bail Reviews require a review of the bail hearing proceedings and the legal and factual issues involved at the bail hearing. They require the preparation of specific materials that must be filed with the reviewing Court.

Failure to abide by the terms of your probation order can result in new, additional criminal charges. The penalties you can face for a breach of probation charge may be more serious than the original sentence you were serving.

Breaking and entering is a very serious offence that has the potential to result in a maximum sentence of life imprisonment. “Home invasions” are a more serious category to this type of charge. A person can be charged with break & entering even if no items are stolen.

Careless Driving is a quasi-criminal offence prosecuted under the Highway Traffic Act. What is considered careless driving is extremely broad, and the penalties can include fines, jail time, a driving suspension, the loss of demerit points, and increased insurance rates.

Under Canadian laws, everyone is granted specific fundamental rights under The Charter of Rights and Freedoms. If applicable to the case, potential Charter violations could result in the exclusion of important evidence or a stay of proceedings.

Being accused of a child pornography offence can be both shocking and terrifying. Defendants with experienced criminal defence counsel, like those at Caramanna Friedberg, are best situated to control their legal jeopardy and limit the damage to their reputation.

It only takes agreement between two people to form a conspiracy, and police can charge you for one even if you never took any other steps to commit the alleged offence. It is important to have legal assistance and representation when facing a conspiracy charge, not just because of the relatively low evidentiary threshold the prosecution needs to meet in a conspiracy case, but also because conspiracy cases often involve complex and nuanced exceptions to normal evidentiary rules that can easily trip-up those unfamiliar with criminal law.

A Coroner’s Inquest is a public hearing that investigates the who, what, when, where and how of a person’s death. Depending on the circumstances of the person’s death, sometimes a Coroner’s inquest is mandatory.

Because corporations can be found criminally liable for the actions of even relatively low-level employees, criminal and quasi-criminal liability is a significant legal and reputational risk for corporate entities. Getting the legal advice necessary to engage in active due diligence can help reduce this risk to a manageable level and ensure you have legal defences ready if employees go

There are a myriad of reasons why a judicial decision requires the appellate review. It is open to both Crown and Defence to appeal a judge’s decision regarding the accused’s conviction and/or sentence.

The type of behaviour that falls under the offence of Criminal Harassment ranges from repeated texts all the way to stalking or threatening. The potential penalties vary depending on the factual matrix and how aggravating the conduct was.

A dangerous offender application by prosecutors can lead to the permanent loss of a defendant’s liberty. Defending against such an application requires both careful planning and the experience to navigate complex law and factual circumstances.

Dangerous Operation of a Motor Vehicle can result in serious jail time and mandatory minimum fines depending on whether how the Crown elects to prosecute. What is considered “dangerous” driving behaviour involves an assessment of many factors.

Charges involving a “domestic” relationship are sometimes more complex and are often dealt with differently in the criminal Courts than an assault against a stranger or a bar fight, for example.

Driving while prohibited from doing so can attract charges under both the Criminal Code and the Highway Traffic Act. Regardless of the legislation, one is charged under, the penalties may include fines, jail time, driving prohibition orders, and insurance implications.

Drug-related offences are among some of the more serious charges prosecuted in Canada and more often than not, involve Charter litigation of some sort. Possession, trafficking, production and importing are all types of drug offences that can come with serious long term consequences if convicted.

Environmental laws seeking to prevent pollution and protect resources place a very strict and heavy onus on both individuals and businesses to comply with certain standards. Violations for these regulatory types of charges can result in very hefty fines and occasionally, jail time upon conviction.

If a person is alleged to have committed a crime in another country, extradition laws may demand that the person be “delivered” by Canada to that country to face the charges. Extradition hearings and appeals are a critical part of that process.

Failing to remain or stop at the scene of an accident can result in charges under both the Criminal Code and the Highway Traffic Act. While the potential penalties can be serious, including mandatory minimum fines and/or jail time, there are various defences available which relate to the personal circumstances and knowledge of the accused.

When a person is charged with an offence, part of the arrest procedure involves the police taking your fingerprints and photographs. If you are found not guilty or your charges are withdrawn, or you receive a non-conviction result, you can apply to have your fingerprints and photographs taken upon arrest destroyed, sometimes after a specific period of time.

Fraud encompasses a very broad spectrum of criminal activity under Canadian criminal law and can carry severe penalties, depending on the type of fraud and level of sophistication alleged. Findings of guilt for these types of offences also have serious implications on a person’s future including employment.

The Highway Traffic Act are regulatory offences that can come with severe penalties such as hefty fines or even jail time. Convictions for most of these offences will often also effect a person’s vehicle insurance and ability to drive.

Human trafficking offences are very serious charges that relate to recruiting or controlling the movement of people for explorative purposes. These charges are most commonly seen alongside (relatively) less-serious charges around the commodification of sexual services in relation to conduct colloquially known as “pimping.”

The offence of Identity Theft targets certain conduct taken to prepare for various offences involving fraud, deceit, or falsehood. If police, rightly or wrongly, think you are collecting certain information for that criminal purpose you can be charged with Identity Theft without ever committing, or even attempting, any other crime.

Offences under the Immigration and Refugee Protection Act can have very serious consequences.

Impaired driving offences in Ontario are a criminal category of driving offences that are very strictly prosecuted and are subject to mandatory minimum penalties. These offences can involve more than what people think of as “drunk driving”.

Importing is one of the most serious category of offences under Canadian criminal and regulatory laws. Importing drugs is a common category of this offence. However, a person can also be charged with other “contraband” substances or items without appropriate licences and compliance with Canadian importing regulations.

The widespread use of the internet in our society has expanded the types of offences people can face under this category. From “cyber-bullying” to criminal harassment to possession or transmission of child pornography, crimes involving the investigation or use of the internet can turn simple matters into extremely complex cases involving Charter litigation and privacy laws.

A driver’s licence suspension can have a devastating impact on people’s lives. Whether facing criminal charges are not, there are various reasons why one’s licence may be suspended, and the length of the suspension will depend on a number of factors.

Mischief encompasses a broad spectrum of activity under the Criminal Code, and the penalties vary significantly depending on the type of mischief and the complexity of the matter.

Murder is the most serious crime a person can be charged with in this country. The amount of proof regarding the “planning” and “deliberation” of the murder is a key consideration for whether a person will be charged with first degree, second degree or manslaughter.

The criminal justice system takes charges of Obstruction of Justice and Obstruction of Police very seriously. It is important to obtain legal representation that takes your case just as seriously, and has the expertise to navigate the nuances of these broadly constructed prohibitions

If a person has been found guilty of any criminal offence, they may be eligible to apply for what is now called a Record Suspension after a certain period of time. The types of charges, the sentences the person received and the dates they were sentenced are all key factors in determining whether a person would qualify or not.

Parole Hearings are unique proceedings at the post-conviction stage. There are numerous federal statues, including the Corrections and Conditional Release Act, that guide the Parole Board of Canada when it comes to assessing parole eligibility.

A peace bond is a court order issued by a judge. It is an agreement entered into whereby a person promises to keep the peace and be of good behaviour, in addition to other potential conditions, for a specific period of time. A peace bond does not require an individual to plead guilty or admit fault. You can either enter into a peace bond as an accused, or apply to obtain a peace bond against someone else.

The law defines possession very broadly based on “knowledge, consent and control”. That is why a person can be charged with possession of illicit drugs or a weapon for simply being in the same place where the item was found.

Regardless of how large or small the quantity of drugs, you can face jail time and other penalties for growing marijuana or producing other controlled substances. The severity of the punishment will depend on many factors, including the Accused prior history, the type of drug and the amount of drugs involved.

Doctors, nurses, teachers and lawyers are a few examples of professionals who are governed by regulatory bodies that impose rules and bylaws that must be followed by their profession. Any rule-breaking can result in the person facing disciplinary sanctions that could impact whether or not they are allowed to continue working in that field.

Doctors, nurses, teachers and lawyers are a few examples of professionals who are governed by regulatory bodies that impose rules and bylaws that must be followed by their profession. Any rule-breaking can result in the person facing disciplinary sanctions that could impact whether or not they are allowed to continue working in that field.

There are many federal and provincial laws in addition to the criminal offences under the Criminal Code and Controlled Substances Act that result in penalties that can be as severe as the ones found in criminal law. Convictions for these “quasi-criminal” offences can include hefty fines and even jail time.

Robbery often involves the use or threat of force while stealing or attempting to steal property. For example, a person can be charged with robbery for demanding another person’s phone or wallet, even if there is no weapon involved.

Sexual assault and other sex-related offences are among the most serious criminal charges a person can face. If convicted, these charges have serious penalties that include the potential for stigmatization and jeopardizing future job prospects.

Tax evasion and falsifying or filing misleading information in tax returns can result in criminal or quasi-criminal charges with severe penalties including hefty fines and sometimes even jail time. This is a complex category of offences involving overlapping areas of law and multiple statutes.

Theft is a broad category of property-related offences that can come with severe penalties depending on the circumstances. From a simple shop-lifting type of charge to large-scale “white-collar” fraud schemes, a conviction for theft can have serious long-term consequences for a person found guilty of this offence.

Drug Trafficking cases should be taken very seriously. In addition to imprisonment, a conviction for this offence can have significant consequences on one’s life and liberty. It is imperative to have an experienced defence lawyer to represent you if you are charged.

There are numerous ways to commit the offence of uttering threats, and the potential punishment will depend on how the threat was made and any collateral consequences to the threat. An assessment of whether something amounts to a “threat” is highly contextual.

Voyeurism is the offence of secretly watching or recording someone in certain private circumstances or for a sexual purpose. It is also illegal to share voyeuristic recordings or possess them for the purpose of sharing them. Voyeurism captures a wide array of conduct and the defences available to it are legally and factually nuanced.

Weapons-related offences are also among some of the more serious charges prosecuted in Canada. The specific use of any item, depending on the context, can lead to allegations involving “weapons”.

The Canadian criminal justice system allows youth to be treated differently from adults in most situations when they are charged with a criminal offence. If a person is between the ages of 12 and 17 and are charged with a criminal offence, the prosecution of the case must follow the Youth Criminal Justice Act.