If you have been charged with a criminal offense, you need an experience criminal lawyer to ensure that your rights are being protected. A criminal charge can affect every aspect of your life. A knowledgeable lawyer can assess your situation and work with you to help you get your life back on track.
We practice law in a wide range of areas, so we are able to provide our clients with the comprehensive services they require and deserve. We represent clients primarily in the following areas:
Violent Offences
Have you been arrested for a violent crime? These criminal offenses are often the most serious that a person may face. A violent crime may be classified as any criminal offense that involves force, violence or threats of violence upon another person.
The following are some examples of offenses that may be considered violent crimes:
- Assault
- Assault With a Weapon
- Sexual Assault
- Gang crimes
- Hate crimes
- Domestic violence
- Robbery
- Aggravated assault
- Assault causing bodily harm
- Threatening death or bodily harm
- Forcible confinement
If you’ve been arrested or are under investigation for domestic violence, spousal abuse or child abuse, one of the most important things you can do is to consult a lawyer. A criminal defense lawyer can assist you by evaluating the matter, talking to you about what you have experienced and then offer you information pertinent to your specific case. In doing this, a competent criminal lawyer can help you make the right choices about your case.
Domestic violence is one of the more serious criminal offenses to be accused of. Although it may be classified as a summary conviction or offence or an indictable offence, being labeled an abusive parent or spouse may affect all areas of your life such as your employment, your family, custody of your children, and your future opportunities in regard to housing, finances and obtaining professional licenses. Another factor that makes domestic violence charges so serious is the fact that, once law enforcement becomes involved, the case is no longer in the hands of the alleged victim. Once the police are called to the scene or once domestic violence is reported to the authorities, it will be in the hands of the prosecuting lawyer to determine whether to prosecute. Even if the victim called the police in a moment of anger or does not wish to press charges, the Crown Lawyer will have the sole authority to determine whether to move forward with a case.
Drug Offences
A drug crime may be considered any criminal offense that involves illegal activity involving a controlled substance. A controlled substance is one that is regulated by the government and may include illegal street drugs such as heroin or cocaine as well as prescription drugs. Some examples of offenses that may qualify as drug crimes in Ontario include:
- Possession of illegal drugs
- Possession for sale
- Drug distribution
- Drug trafficking
- Possession for the purpose of trafficking
- Prescription drug fraud
- Drug import or export
- Young Offenders drug crimes
Property Offences, Break and Enter & Theft
Theft is a relatively common criminal offense that may be committed by minors or adults. Ranging from shoplifting to bank robbery or identity theft, a theft crime may cause a defendant to face serious criminal penalties and the possibility of a misdemeanor or felony conviction. If you or someone you know was recently arrested or is under investigation for any type of theft crime, do not wait to involve a defense lawyer for the protection you or they need. The Canadian Charter of Rights and Freedoms offers you a great deal of assistance in the face of criminal charges, such as protections against illegal search and seizures. Without a competent criminal defense lawyer to take full advantage of these rights, however, you may be subjected to an unreasonable search without even knowing it. This may lead to serious theft crime charges that could have been avoided in the first place. Some examples are:
- Theft Under $5,000
- Theft Over $5,000
- Robbery
- Identity theft
- Fraud
- Embezzlement
- Break and Enter
- Mischief to Property
- Extortion
- Possession of property obtained by crime
- Possession of burglary tools
- Proceeds of crime
Weapons Offences
Weapons offences, under the Criminal Code, generally pertain to the illegal possession or use of prohibited or restricted firearms and other weapons, including parts of weapons such as cartridge magazines and ammunition, designated under the Criminal Code of Canada.
The Criminal Code contains many different weapons offences, with firearms offences being among the most common. Gun ownership is strictly regulated in Canada. The unregistered use, possession and trafficking of firearms carry severe penalties, including mandatory minimum jail sentences.
Weapons and firearms offences are also complicated. They often involve complex police investigations that raise difficult constitutional issues, an understanding of the regulatory schemes that apply to firearms and other weapons, and the ability to uncover police misconduct and violations of Charter rights through cross-examination and effective trial advocacy.
Even if no one gets hurt, using a firearm or an imitation firearm while committing a criminal act you can be charged with an indictable offence under s.85 of the Code. First offenders will be given a sentence ranging from one year in jail to 14 years in prison.
A conviction for any weapons offence has serious consequences. Many weapons offences currently carry mandatory minimum jail sentences. And any weapons offence – no matter how serious or trivial – carries the real risk of a permanent criminal record, which can have life changing consequences. A criminal record can make it harder to enter certain professions, to get a job, or to travel to the United States.
If you have been charged with a crime in Canada, you should consult with a criminal defence lawyer. Our firm has a lot of experience defending people charged with weapons and firearms offences all across Ontario. Sometimes, trials can’t be avoided, and in that case having a lawyer with a proven track record in Court is the most important thing you can do to help your case. You need a lawyer who can persuasively tell your story and present your defence through cross-examination, by preparing you to testify, and by using the law and the facts to persuasively argue your defence in closing submissions.
Domestic Assault
Different types of crimes can happen in partner abuse cases. You can be charged with one or more crimes.
The police tell you what they’re charging you with. If you don’t understand, ask them to explain in a way that you understand. If English is not your first language, you can ask for an interpreter.
Assault is when one person applies force to another person, or attempts, or threatens to apply force to them without their consent. Assault is a crime even if your partner is not hurt, and sometimes even if they were not actually touched. An assault can happen when you:
- threaten your partner with violence
- slap them
- shove them
- kick them
- punch them
- stab them
Depending on what happened, you might be charged with “assault”, “assault with a weapon”, “assault causing bodily harm”, or “aggravated assault”.
If found guilty of domestic abuse in Ontario, the penalties will depend on the severity and circumstances around the offence. It is likely you will be separated from your family for some time, including children and your partner. You might also receive one of the following penalties:
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- Jail sentence
- House arrest (also known as a custodial sentence)
- Fine
- Restitution – a fine to cover the victim’s suffering and damages
- Probation – where your behaviour is monitored regularly by officials
If the domestic abuse offence involves other forms of abuse, such as using a weapon or inflicting severe wounds, then you will also receive the penalties they incur, which typically results in a much longer jail sentence.
If you or your loved one has been charged with domestic abuse, you should act quickly to get the best defence possible.
Sexual assault
Sexual assault is a sexual act or touch that your partner does not consent to. It is a crime even if they’re not physically hurt. Sexual assault can include:
- an unwanted kiss
- an unwanted sexual touch
- forced penetration (rape)
- threats to force them to do any of these things
Being married does not give you the right to sexually assault your partner.
Depending on what happened, you might be charged with “sexual assault”, “sexual assault with a weapon”, “threats to a third party or causing bodily harm”, or “aggravated sexual assault”.
- Other charges
If you forced your partner to stay somewhere by threatening them or physically stopping them from leaving, you might be charged with “forcible confinement”.
If you threatened your partner, you might be charged with “uttering threats”.
“Criminal harassment” is also a common charge in partner abuse cases. Criminal harassment includes things like stalking, harassing phone calls, or unwanted visits to your partner’s home or workplace.
Stalking is when someone has a reasonable fear for their safety because the other person does one or more of the following:
- watches and follows them
- damages their property
- tries to contact them when they don’t want to be contacted
- sends them a lot of messages that they don’t want by mail, voicemail, email, text, or through other people
If you do not want to plead guilty, you should talk to a criminal lawyer about what your options are before your trial. Your lawyer can help you get “disclosure” from the Crown Attorney. Disclosure means you get all of the evidence the Crown Attorney has about your criminal charges. This can help you and your lawyer prepare for your trial.
Bail Hearings
A bail hearing is a critical first step in the legal process after you are charged with a criminal offence. If the police do not release you from the police station, you will be kept in jail for a bail hearing. At a bail hearing, a judge or justice of the peace will decide if you should be held in custody or released. If you are granted bail, you will likely have to follow conditions given to you by the court. You only get one bail hearing in the Ontario Court of Justice
At the bail hearing, the Crown Attorney may ask for certain bail conditions. Bail conditions are also called terms of release. Usually, when the charge is not very serious and the court believes that the person will show up at future court dates, they are released with conditions. The conditions depend on your situation.
Common bail conditions in partner abuse cases say that you:
- must show up to court on the date ordered
- cannot contact your partner
- cannot go within a certain distance of your partner’s home or workplace
- cannot have a gun or any kind of weapon
- have limited or no parenting time or access to your children
In some cases, you will require a surety to post your bail. A surety is someone who agrees to supervise an accused person while they’re released into the community on bail waiting for their criminal matter to be resolved in court. Usually this is a friend or relative. The surety will have to pledge a sum of money and although the surety is not required to pay this sum of money upfront, if you breach any of the terms of your bail, your surety may be called upon to pay this sum of money into court.
Before an individual will be allowed to act as a surety, he/she must:
- be over the age of 18
- be able to attend court to sign the bail
- be a Canadian citizen or a landed immigrant
- not be involved in the offence the person has been charged with
- not have any outstanding criminal charges
- be able to monitor the accused to make sure they are complying with conditions of release
- be willing to report a breach if one occurs
- have some financial asset(s) they can pledge to the court as security
In most cases, an individual should not act as a surety for more than one person at a time. Ideally, the potential surety should not have a criminal record.
A surety has three main responsibilities:
- Make sure the accused person goes to court when required.
- Make sure the accused person follows the bail conditions.
- Call the police if the accused person doesn’t follow any of the bail conditions.
An experienced lawyer at Metelsky Law will meet with the accused and his/her family and their sureties to prepare for the bail hearing ensuring the sureties meet the required conditions and are well informed of his/her duties and responsibilities as a surety.
Many of the bail conditions can be very restrictive. Our job is to ensure the least restrictive conditions are imposed to assist the accused in carrying out daily activities until the charge(s) are resolved.
Young Offenders
Defending minors requires a thorough knowledge of the Youth Criminal Justice Act in particular in order to be successful. The process for youths works slightly differently than that for adults and is typically geared more toward rehabilitation rather than punishment. There may be more leeway for alternative sentencing or the opportunity to have a case avoid court altogether. However, there are also situations where a minor may be tried as an adult. The following are some of the types of youth crimes we handle:
- Shoplifting and petty theft
- Theft crimes
- Gang crimes
- Violent crimes
- Juvenile domestic violence
- Drug crimes
- Underage DUI
- Truancy
- Curfew violations
- Graffiti and vandalism
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Provincial Offences:
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WHAT IS A PROVINCIAL OFFENCE?
A provincial offence is a charge relating to a failure to comply with certain provincial or municipal laws and By-laws under the Provincial Offences Act.
EXAMPLES OF LAWS AND BY-LAWS UNDER PROVINCIAL OFFENCES:
- Highway Traffic Act: higher speeds, careless driving, or failing to wear a seatbelt.
- Compulsory Automobile Insurance Act: failing to surrender an insurance card, being in possession of a counterfeit or invalid insurance card.
- Liquor License Act: being intoxicated in a public place or selling alcohol to a minor.
- Trespass to Property Act: entering premises when entry is prohibited or failing to leave the premises after being directed to do so.
Provincial Offences courts deal with numerous non-criminal matters covering over 120 different Acts with the most common violations falling under the Highway Traffic Act, the Liquor Licence Act and the Compulsory Automobile Insurance Act.
Offences under the Highway Traffic Act such as:
- Speeding Fines
- Driving without a valid driver’s license
- Driving while license is suspended
- Driving without valid insurance
- Careless Driving
Anyone charged with an offence has a right to receive disclosure of the evidence that may be used at his/her trial. You may request disclosure from the Prosecutor’s office which could take weeks.
As the subject of a police investigation, your future may be on the line. At times like these, it is important to work with a lawyer you can trust. Our law firm represents defendants throughout Ontario who are facing criminal charges of any kind.