Legal Tips and Articles Categories

Recent Articles

Criminal Record Checking – How Important is it to Obtain Pardons in Canada?

Comments Off

Adriana Noton

In Canada, if you have a criminal record, you will find that you are greatly restricted in the things you can do even though you have completed your sentence. To improve your life that is free of discrimination, it is important to obtain a criminal pardon. When you have a criminal pardon, you will find that the doors of opportunity will open allowing you to regain your place as a law abiding citizen of Canada.

Career

When you have a criminal record, you will be faced with many hindrances in your career choices. Most employers will perform a criminal record search before they hire a job candidate and if they discover a criminal record, they will often not hire that person. If you want to be self-employed where you do work for other businesses, often the businesses will do a criminal record check before they enlist your services. A criminal record will reduce your chances of getting a contract. If you are in a job where you apply for a promotion, a criminal record will reduce your chances of getting a promotion. As well, most job applications have a question about whether you have a criminal record. If you have a criminal pardon, an employer will never know that you had a criminal record.

Housing

Today, many landlords will do a criminal record check before they rent an apartment, room, or house. If you have a criminal record you may be rejected for a rental.

Bond

When an employee is bonded, this means that the employer paid insurance against the risk of employee crimes such as theft. If you have a criminal record, it will be very expensive for an employer to bond you. For this reason, the employer will likely not hire you.

Canadian Immigration (CIC)

A criminal record can result in rejection of an immigration application. It can also be delayed or put on hold. Or, you could be deported, even if you have residency status since childhood. As well, you can be denied access to Canada if you are coming from the US. The US also has laws prohibiting people from Canada with a criminal record from and living in the US. Applying for and getting a pardon will resolve such immigration and travel issues.

Custody of your Children

Your child custody and visitation rights may be affected such as being eliminated or reduced if you have a criminal record. Judges do not look kindly upon people with criminal records in family court. If you want to volunteer at your child’s school, you may be denied if you have a criminal record. It is wise to start the pardon process as it will show a judge that you have reformed. Also, a criminal record can prevent you from adopting a child or becoming a foster parent.

The stigma of a criminal record can not only restrict your life choices, but it can also be a distressing stigma. The best thing you can do is get a criminal record pardon from the Government of Canada. There are companies that specialize in getting people pardoned which can help you get your pardon in a very efficient and timely manner. It is well worth getting a criminal pardon in Canada.
Need a personal injury lawyer Toronto?

Canadian Traffic Tickets Defence Lawyers

No Comments

If you happen to pick up a speeding or any type of traffic fine it might be wise to find yourself a traffic tickets defence lawyer as soon as possible. Thousands of people in Canada receive these tickets each and every day but you can fight back. You need to assess your options and choose the right avenue for your fight.

A lot of people will just take it at face value and not even consider trying to fight a case as it can seem to daunting a task and a real inconvenience and waste of time that could be best spent enjoying the Canadian lifestyle. Do not hesitate to look into defending yourself as it is too easy to let the points and the fines pile up, in the end you will be the one suffering.

The first thing that you should do is hire an experienced lawyer and there are plenty to choose from. Taking the option to defend yourself is not the right route to go down as you will have limited, if any knowledge at all of traffic laws. Use a reputable firm with extensive experience of cases such as yours.

One of the consequences of receiving a ticket is that you might have to pay a fine. Even if you pursue a fight against your ticket you may have to pay the resulting fine. It is important to hire the best lawyer you can because they have the know-how to work in a situation where even if you end up paying out, you will not keep the points on your driving record.

Another consequence is the higher rate your insurance will increase to. Monthly and annual bills are costing us all a great deal every year and anything you can do to cut this down is a benefit. Hire a good Canadian traffic lawyer and they might be able to get your case thrown out and prevent your insurance rates from rising to an unreasonable amount.

Hiring the correct person will ensure that a number of tactics that you would not have heard of, can be deployed on your behalf and give you the best chance to lose the ticket completely or at the least, keep the points away from your long term record. Points on driving licences stack up over the years and the fewer you can receive, obviously, the better for you.

A lawyer will be able to best identify the doubts in the arresting officers statements that you were speeding. This is the only way to go about winning your case. If it can be proven that there is doubt over the equipment used to calculate your vehicles speed, or any part of the officers claim then you can start to think about winning.

So if you were worrying about your traffic tickets defence but there was no need. Of course you have to find the right person to represent you but you must do something. Leaving it as a stain on your record will have too many long term negative effects.

A Closer Look At What Is The Role Of A Criminal Lawyer

Comments Off

When thinking of what is the role of a criminal lawyer, people often have one of two images in their heads. They either envision some form of “white knight”, defending the poor and wrongly accused against bureaucracy and corruption, or a slimy attorney trying to find loopholes in the law to keep every guilty criminal back on the streets. However, both these images are extremely inaccurate. The following article will take a closer look at just what is the role of a criminal lawyer, to help you better understand exactly what their job is, and where they fall in the legal system.

Negotiating Plea Bargains

Strictly speaking, a criminal lawyer’s job is to be an advocate for someone accused of a crime. However, this does not mean fighting tooth and nail in the courtroom to keep every guilty criminal out of jail. Most cases never see the inside of a courtroom, and are instead settled with pleas. A good defense attorney knows when to look at a client and say there is no way they could win their case at trial, and it would be more beneficial to take a more lenient sentence than try to fight for no sentence and end up with the harsher one after losing.

Collaboration with Prosecutors

Believe it or not, prosecutors and criminal lawyers are not purely adversaries. While they fight against each other at trial, and sometimes disagree on plea agreements, overall they do try to work together. Much of the work involved with being a defense attorney is in sharing paperwork and evidence with the prosecution to give both sides the full story, formulating agreements, and coming to settlements which make sure that both sides are convinced the defendant has a fair sentence for any crime he or she may have committed.

Going to Trial

Of course, some cases do make it all the way to a trial by jury. If this happens, it is usually because the lawyer believes there is not enough evidence to say that the defendant actually committed the crime. This is not some ridiculous attempt to keep guilty people on the streets, but rather an important balance in our legal system to make sure that innocent people are not put in jail just because the police were in a hurry to catch someone, or the defendant roughly fit a perpetrator description and had no solid alibi. When this occurs, it then becomes the role of the defense attorney to point out these holes in the evidence. Contrary to popular belief, the lawyer’s job is not to prove that the defendant is innocent, or to find legal excuses why he or she in unable to be prosecuted, but simply to show a jury that there is not enough proof of guilt to justify taking twenty years from a person’s life in the form of a prison sentence.

As you can see, in examining what is the role of a criminal lawyer there are many things to consider. A criminal attorney is neither a hero nor a villain, but simply an important piece in a complex legal system. Their role is mainly to assure that every defendant has a fair chance after being accused of a crime. Visit: criminal defence lawyer Toronto

Canadian Law: About Offences Act Appeals

No Comments

The Canadian justice system has a specific judicial process when it comes to prosecuting and appealing criminal offences. Summary offences are referred to as summary conviction offences. Summary conviction offences are not as severe as offences that require a criminal indictment. The punishment for summary offences typically involves smaller fines and prison sentences that are not as long as criminal indictments. Both summary conviction offences and indictment conviction offences appear under the jurisdictions of both the provincial and federal courts. Under federal jurisdiction, summary conviction offences will normally involve a fine that can be up to $5000.00 and a prison sentence that can be up to 6 months. They can also include both a prison sentence and a fine. As well, Section 786 of the Canadian Criminal Code has a statute that states that the trial for a summary conviction offence must take place 6 months or less after the offence was committed. However, the defendant and prosecutor have the ability to agree to forgo the statue for criminal lawyer Toronto.

Summary conviction offences do not require an arrest warrant and the person who has been charged with the offence will not have to submit his or her fingerprints. Appeals of summary conviction offences will first be heard directly at the highest trial court within the jurisdiction such as a Provincial Superior Court of Appeal. Then, the appeal can go to the Supreme Court of Canada. Most summary conviction appeals never reach the Supreme Court of Canada. For indictable offences, the time for charging the accused is not limited. Police are not required to have an arrest warrant for an indictable offence. As well, the accused does have to submit fingerprints. Indictable Offences Appeals will first be heard the Provincial Court of Appeal, and then it can go to the Supreme Court of Canada.

In Canada, the appeals court does not hear the trial again so there is no evidence or witnesses presented. However, there are rare cases where the appeals court may consider significant new evidence. After the transcripts of the trial are available and an application for an appeal has been made, the court of appeal will book a date to hear the appeal. The role of the appeals court is to make sure the trial was conducted fairly and properly. The appeals court may also look at what happened during the trial to see if the evidence presented during the trial supports the conviction. As well, they will look at such aspects as: the type of crime committed, the impact of the crime on the victim, the background of the offender, and the previous sentences imposed in the same type of cases. The length of time varies with each case.

Upon conclusion of the appeals hearing, the judge will consider the arguments and render a decision that can be either: dismissal of the appeal, order a new trial, substitute a verdict of guilt, order an acquittal, or either increase or lower the conviction sentence, or remove or add penalties. In Canada, when charged with an offence, it is important for the accused to have a lawyer who understands the legal process to ensure the trial and appeal is fair and just.

Lawyers Help Speeding Tickets For People In Canada

Comments Off

The Ministry of Transportation in Canada assesses everyone who receives a speeding ticket in which lawyers help speeding tickets Newmarket could be of some assistance. In the first place, a person should try not to speed because speeding causes accidents, which ruins lives and cost money. Once a person has gotten caught for speeding, their insurance rates will rise and they could have their license suspended for a period of time. This means no driving, anywhere, for up to six months in so cases.

One of the first things a person does when they are pulled over by an officer is to agree that they were going a certain amount over the speed limit. Some people will even volunteer this information as if the cop does not already know. The best thing to do is remain silent. It would be an admission of guilt if one says how fast they were driving and this is an important piece of evidence a police and court will need in convicting an individual.

This is not to say one shouldn’t answer questions from the police officer. A simple yes or no answer is all that is required. Do not answer yes to the question, ‘do you know how fast you were going?’ They already know and want a person saying so on record so it it best to answer with a no to this question.

There is no story the police officer has not heard and unless you have a dying passenger, there is no reason for speeding. Even with an almost dead passenger, there will need to be proof and then a possible police escort to the hospital so lying about it would not be a good idea. No matter how significant the reason for speeding may be to the person doing the speeding, the officer just doesn’t care; it’s not part of their job.

Many people in Canada don’t realize but with every speeding ticket, they also receive demerit points and if they collect enough of these points, their licenses could be taken away for a period of time. The demerit points and the amount of time a licenses is suspended is based on how fast a person was going over the posted speed limit and how good the police officer and Minister of Transportation are feeling that day. This is why it is very important to remain quiet about the amount of speed a person was driving.

There are instructions on the back of the ticket; a person must take the ticket although this is not an admission of guilt. These instructions will tell the ticketed person how to contest the ticket. It is best to consult with an attorney in the providence where the ticket was issued. They would know all the laws within that province in addition to the best way to clear ones name.

A summons is the ticket and once an individual receives one, they must appear in court at the time and date specified on that summons. If they do not, then a trail date will be issued and that trial will take place without the individual. This is not recommended because there one would be no one to represent the person accused of speeding and any sentence handed down would be it, an attorney could at least fight for a smaller sentence.

Lawyers help speeding tickets either go away or lessen in their severity on the impact of a persons financial situation and their life. The attorneys will help an individual negotiate demerit points and possible help them keep their license so they can continue to go to work and hopefully learn a lesson about driving faster than the posted speed limit.

Basic Information Needed To Know When Choosing An Attorney

No Comments

When choosing an attorney you should look for an attorney specific to the area you need. You should search for a lawyer in the right aspect of the law you need representation in. You would not go to a malpractice lawyer for a traffic violation and it would do you know good to go to a divorce lawyer when you need to close on a house. An attorney’s legal services are based on the field of law they have chosen or had success in that particular area.

Depending on what state you live in, there are lawyer referral agencies that can help with finding an appropriate attorney for your problem. These agencies will listen to the details of your situation and then will refer you to a lawyer that fits your case. If you are not happy with the attorney the agency refers to you they will simply find you another one.

Writing down all the information about the issue you are coming to them for before going to talk with your attorney is a smart thing to do. Be prepared so you don’t leave any important information out. This way the attorney you will be interviewing for your case can answer all questions and concerns you have regarding your problems and how it should be handled.

You should ask the lawyer any questions so that you can determine the skill of the lawyer. A lawyer who specializes in one area may not be able to answer questions in another area. Most of the time if a lawyer you meet with does not know the answers and does not specialize the type of case you have they will refer you to another attorney that they may know to help you.

Some questions that you may want to ask to determine the experience and compatibility of an attorney that will work for you is as follows.

After explaining all the details of your case and answering any questions your lawyer has he or she will be able to tell you the best way to handle your case. You need to be sure to ask about the amount of time your case will require. Also ask your attorney for to provide an agreement detailing all the expenses, equaling the total lawyer fee that you will be responsible for. There are two different payment options when it comes to attorney fees, hourly and percentage. It is also very important to make sure the attorney you have chosen has malpractice insurance. personal injury lawyer toronto

Some reasons for needing legal services can vary and most attorneys have certain areas of specialty. Legal matters that can arise that could require an area of specialty is getting a divorce, an auto accident where there was physical damage, adopting a child, or being accused of a crime.

When choosing the right attorney for you, you must never pick one based on a television ad or a random lawyer you picked from the phone book. The first and safest place to start is just by asking friends, family members, and acquaintances for recommendations. Ask around about the particular attorney you are considering choosing for you case. Lastly, make sure you feel completely comfortable the attorney you choose.