I recognize that being charged by the police may be one of the most stressful events you may experience in your life. If you have already been charged, it is quite likely that to a degree your liberty may already be restricted by bail conditions. That is simply the start. For you, a criminal conviction itself may have devastating consequences. It may be as well that the prosecutor (Crown Attorney) may be seeking other sanctions such as jail, driving restrictions or other negative consequences to you. It must always be remembered that the Crown’s resources are almost unlimited while your resources have limits.
What Is The Best Defence?
To ensure that the playing field is leveled I believe one needs a criminal defence lawyer who is fearless and passionate about your case. I treat every case with the passion that has fueled me for over 30 years of defending criminal matters. Every problem encountered in the course of your case must be approached with creative solutions, strategic thinking, and proven methodology.
I am a firm believer in not necessarily following down the path of least resistance. What I mean by that is that in many cases you have to think “out of the box” to arrive at the best result. Defence work is not a mathematical science. You cannot think out of the box if you do not have the experience to enable creativity and to treat each case uniquely. That may mean purely fact driven tactics or a solution based in law or both. For example, law enforcement in some cases obtains evidence in violation of constitutional rights (Charter of Rights). Those cases may involve search and seizure without reasonable and probable grounds or any other number of Charter violations.
In cases where I feel your Charter rights have been infringed, I may file a motion to attempt to have the evidence that was obtained unlawfully be inadmissible (not able to be used against you in court). I attempt to guard you against improper state intrusion into your constitutional rights. Nothing factually or legally is overlooked given that the smallest detail may have a significant impact on your defence.
Very simply put, the process is designed to arrive at the best possible outcome in each and every case I defend.
Presumption of Innocence
One should never lose sight of the presumption of innocence. This presumption arises at the very moment you are charged. This is a heavy burden for the prosecuting Crown Attorney to overcome. I relish the challenge of defending any case. You will always be treated by me with respect and dignity.