Crown may drop criminal charges prior to trial Month: September 2015

Month: September 2015

Crown may drop criminal charges prior to trial

As we have mentioned in previous posts, being charged with a crime is not the same as being convicted. There are multiple things that could happen in the process that could result in a positive outcome for an accused. In some cases it is possible that the charges could even be dropped. A young Toronto area woman accused of criminal harassment recently learned that firsthand. The 23 year old was a volunteer for the leadership campaign of a member of provincial parliament and worked in his office part time. While doing so, she was accused of sending threatening text messages…

Evidence can make or break a criminal case

When it comes to criminal accusations, evidence plays an important role in both making a case as well as defending against charges. Because of this there are certain rules in regard to evidence that need to be followed by both the Crown and the accused. According to one man accused of breaching bail conditions, Crown prosecutors are in possession of evidence that illustrates his innocence. Law enforcement arrested the man after he was accused of being near a fire that burned his former home down. While he is not accused of having anything to do with the fire, because being in…

Not all drunk driving consequences are criminal

Most residents of Ontario are likely aware that under some circumstances, if they are convicted of drunk driving they could end up spending time in jail. They may not be aware that there are other ways that drunk driving could impact their lives as well. Some of these consequences arise without a conviction, and possibly even without a criminal charge. For example, it is possible that someone in Ontario whose blood alcohol content is under .08 (the legal limit) but above .05, could have their license suspended. Because this is an administrative penalty, one need not be charged with a crime…

Those behind Ashley Madison hack could face criminal charges

By now most people have likely heard about the hack of the dating website for married people. The hack of Ashley Madison, the Canadian-based company, has resulted in the release of personal information of tens of millions of customers. In addition to credit card data, their names were released to the public. The release has undoubtedly caused many of the people signed up for the service to scramble to determine how they will approach the issue with their spouse and families. According to law enforcement, those who released the data did more than just create difficult situations for the service’s…

Update on Toronto police body camera pilot

Last spring we wrote a post regarding a body camera pilot taking place in Toronto that is slated to continue until June 2016. In that post we outlined both the reasons people support and oppose the practice. Some believe the use of the cameras is a good way to record how law enforcement officers conduct themselves in the course of doing their job. Those opposed cite privacy issues as a reason. Now, several months into the pilot, another disagreement tied to the matter has arisen. Specifically, there is a question as to when exactly the cameras should be turned on. Per the…

Planted evidence does not provide pretext needed for search

When someone is suspected of engaging in an illegal activity, there are certain things that Toronto law enforcement officers can do to determine whether that is in fact what is going on. Under certain circumstances an officer can perform a search of a house or vehicle to get more information. To take this course of action there must be a pretext for that search. If there is not pretext, a search is not legal. In addition, police officers cannot create a pretext that does not in fact exist. Recently, a judge determined that Toronto police did that very thing. Police officers…

Investigation following criminal charge could lead to dismissal

Sexual assault charges should of course be taken seriously. When they are pursued by the Crown it is possible that the accused could be found guilty and face harsh penalties. Ideally, a defense will begin to be crafted during the investigation phase before charges have been levelled. This means someone facing a charge should contact a lawyer as soon as he or she believes that they are under investigation. Though stressful, a criminal charge does not automatically mean that someone will be found guilty. There are multiple steps between a charge and the point at which a decision regarding guilt is…

Domestic violence call leads to additional criminal charges

Authorities in the Toronto area take allegations of domestic violence very seriously. Accordingly, when an individual reports an incident of this nature to law enforcement, in many cases, someone involved in the incident will be arrested. While domestic violence charges alone can be problematic to the accused individual, in some situations they can lead to additional charges. Last month two Ontario men found themselves in this situation. The men were arrested by police who were called to the scene of an alleged domestic incident. In the course of that call, police conducted a search of two other residences and one man’s…

Would interlock devices on all cars reduce drunk driving arrests?

In our last post we wrote about the state of drunk driving arrests in the province and more specifically, in Toronto. Though overall, the number of charges for this crime is down, they are up in the Toronto area. A high number of drunk driving arrests translates into a heavy court load. Last year, of the cases tried in provincial court, 6 percent— or 13,000—were impaired-driving cases. One judge with the Ontario Court of Justice recently made a suggestion regarding how to reduce the number of impaired driving cases on the docket. He suggested that the installation of interlock devices on all…


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