7 Counts of Criminal Charges Dropped After Signing of Peace Bond: Daniel’s Case

CHARGES:

Uttering Death Threats contrary to section 264.1 (1) (a) of the Criminal Code of Canada

Mischief (2 counts) contrary to section 430 (1) (c) of the Criminal Code of Canada

Assault (4 counts) contrary to section 266 of the Criminal Code of Canada

BACKGROUND: Daniel was involved in a very serious incident with his wife that resulted in him facing seven criminal charges. According to his wife and another witness, Daniel phoned his wife and threatened to kill her after she discovered he was cheating on her and informed the husband of the other woman involved. When Daniel returned to the house, he kicked in the door, and broke a fish tank and telephone. He pushed his pregnant wife after she tried to physically prevent him from going upstairs in the house. Once upstairs, Daniel broke his wife’s laptop by smashing it on the floor. Afterwards, he would not let his wife leave their son’s room and he bit her on the hand.

Two additional charges were laid after Daniel’s wife was asked by police about past incidents.

Read the Summary of Police Allegations

GOALS: In this case, it was important for me to get the best possible result for Daniel while at the same time helping him to take responsibility for his actions.  My first goal was to assist Daniel with bail conditions, as he had one young child and his wife was pregnant.  I hoped to get Daniel the help he needed while at the same time not having him serve time in prison.

STRATEGY: I submitted several requests to have Daniel’s bail conditions varied, and worked to enroll Daniel in a Partner Assault Response (PAR) program. Through this program, I hoped Daniel would receive the education and counseling he needed and that we could have this matter resolved with the signing of a peace bond.

RESULTS: We achieved the best possible result in this case. I was able to have Daniel’s bail conditions varied to allow him to visit with his child and to be present for the birth of his second child. Daniel attended all of his PAR program meetings and successfully completed the program. He signed a peace bond with conditions and was able to avoid both prison and a criminal record.

Diversion Program the Solution in Assault Case: Kyle’s Case

CHARGES:

Assault contrary to section 266 of the Criminal Code of Canada

BACKGROUND: In a residence building on a post-secondary school campus, a young woman reported that an intoxicated young male unexpectedly knocked on her door and forced himself into her room. She said that she tried to stop him from entering before being pushed by the male and punched in the face. My client, Kyle, was arrested and charged for assault as it was believed he was the man who entered the residence room.

Read the Summary of Police Allegations

GOALS: As Kyle was a student and a very young man, I did not want him to be burdened with a criminal record. Kyle understood that he had made a mistake, and so I sought out different options that would allow him to avoid both a criminal record and spending time in a facility.

STRATEGY: I wanted to have Kyle enter into a diversion program rather than be convicted of a criminal offence. I worked with the Crown and the diversion office at the Ottawa Court House to try and make this happen.

RESULTS: Kyle was instructed to complete 35 hours of community service and to submit a letter of reflection. Kyle successfully completed his direct accountability program. He volunteered for more than the required hours at a Church that gives out meals to the homeless. Kyle enjoyed his time volunteering and learned a lot from the experience. After completion of the program, his charges were withdrawn. He has no criminal record and the fingerprints and booking images taken by the Police have been destroyed.

Read the testimonial

Assault Charges Stayed by Court: Stephen’s Case

CHARGES:

Assault Causing Bodily Harm contrary to Section 267 of the Criminal Code of Canada

BACKGROUND: Stephen attended a house party on New Year’s Eve.  As the night wore on, the party got out of hand and people were being asked to leave. A taxi was called to the house, and the driver picked up a fare of three young women who then asked him to wait at the house for a fourth female to join the group. The taxi driver said that while waiting, a young man began banging on the window of the taxi. The driver said that after telling the youth to stop, he was punched in the face and then assaulted by a group of young males. My client was charged with assault causing bodily harm after it was believed that he was the youth who banged on the window of the cab and initiated the assault of the taxi driver.

Read the Summary of Police Allegations.

GOALS: As a youth and full-time student, it was very important to have Stephen avoid a criminal record. Although there were serious challenges in this case, we were hopeful that we would be able to show that there was not sufficient evidence to convict Stephen.

STRATEGY: The facts in this case were difficult to obtain, and I believed there were important details about the incident that were not made clear from the police investigation. Because of this, I hired a private investigator to look into the incident further. Through several witness statements, it became clear that there were conflicting reports as to what exactly happened in the incident.  Some witnesses recalled that the taxi driver had been violent and had hit the youths that were near his cab; others said they did not believe Stephen had participated in the assault of the taxi driver.

RESULTS: I was able to show that there was not enough evidence to convict Stephen of assault, and that the evidence provided by different witnesses in the case was not consistent. All charges against my client were stayed by the court. Stephen has no criminal record.

What Should I do If I am Arrested by the Police?

As an Ottawa criminal defence lawyer, I am often asked what someone should do if he or she is arrested by the police in connection with a crime.

If you are ever arrested by the police for a crime like fraud, tax evasion, assault, impaired driving or even homicide, the worst thing you can do is to talk to the police about “what happened”.  Protesting your innocence to the police will not get you anywhere and may make things much more difficult for your criminal defence lawyer.

Instead of trying to talk your way out of the criminal charges, politely but firmly indicate that you would like to speak with a criminal defence lawyer.  You really should not say more than that.  Even small comments can be used by the Crown against you in a trial.

Make the most of your telephone call with a criminal defence lawyer.  Keep in mind that you do not only get one call as they say on television.  If you do not reach your counsel of choice, in many cases you can leave a message for a return call or select another lawyer of your choice to try to call.

During the call, the lawyer will probably not want you to talk about the nitty gritty of your case.  Instead, the criminal defence lawyer will want to explain to you how to cope with the arrest process and what to expect.  The strategy for defending against the charges will be developed after the arrest process is completed and you are either released on bail or moved to the detention centre.

While your arrest is processed, you may be placed in a holding cell.  In Ottawa, most areas of the cell blocks are video taped. In some circumstances there may be audio as well.  Your behaviour during that process will be recorded.  Accordingly, you should be calm, cool and collected.

An arrest for a criminal charge is scary and undesirable.  However, with thoughtful advice from an experienced criminal defence lawyer like Richard Auger, the disruption to your life can be minimized.

Ontario Domestic Violence Lawyer

When an allegation is made that you are abusing your spouse or intimate partner you may be charged with domestic assault.  Domestic assault, also known as spousal assault,  is the use of physical force with the intent to harm a spouse, loved one or cohabitant.   Domestic assault /  spousal assault is a very serious crime in Canada.

If you are currently being investigated for, or have been accused of or formally charged with this type of assault, it is in your best interest to retain a knowledgeable criminal defence lawyer.  A criminal defence lawyer will strengthen your case by using his experience, skill, education and superior knowledge of Canada’s criminal law when defending your case before a judge in the Ontario courts.

If you are convicted of domestic assault, you may face jail time, restitution, fines, probation, counselling and a criminal record.   A criminal record impacts your ability to travel and work in certain types of positions.

Domestic Violence Lawyers

At the Auger Hollingsworth, our lawyers will provide you with excellent criminal defence of your assault charge or charges.  We have represented people just like you on many domestic violence cases that have resulted in favourable conclusions.   Use our  Free Consult form, or call us at 613 233-4529, to book a no obligation consultation.

Defending Assault Charges in Ontario – Assault Charges – Can You Defend Them?

Ottawa assault lawyers at Auger Hollingsworth defend many clients charged with assault, spousal / domestic assault, assault causing bodily harm, aggravated assault and assault with a weapon.

Call an Ottawa assault lawyer at 613-233-4529 or email [email protected] so we can use our experience to help you.

This is Serious!

Here are the maximum sentences that can be imposed if you are convicted of assault:

Assault–  imprisonment up to five years

Assault causing bodily harm– imprisonment up to ten years

Assault with a weapon –imprisonment up to ten years

Aggravated assault – imprisonment up to fourteen years

There is a lot at stake!

If you are convicted, you could have problems crossing the U.S. border, obtaining a professional license (such as a real estate agent or mortgage broker) and have other job problems.

How can an Ottawa Defence Lawyer help?

  • An Ottawa defence lawyer will study the Crown brief (the evidence they collect from the police).
  • An Ottawa defence lawyer will identify who the Crown witnesses are and investigate their backgrounds.  In many cases we engage private investigators with great success.
  • An Ottawa defence lawyer will interview witnesses you suggest or who we uncover who may provide a different perspective on the Crown’s version of events.
  • An Ottawa defence lawyer knows how to review the disclosure (the Crown’s evidence, primarily from the police) to detect if your Charter rights were violated during the process leading up to your arrest.
  • For example, if you gave a statement to police that the Crown wants to use against you, your Ottawa defence lawyer will scrutinize how that statement was obtained to ensure your rights were not violated.  If your rights were violated, the Crown may not be able to use your statement against you.
  • At Auger Hollingsworth, our criminal defence lawyers ae prepared to take an aggressive stand during the pretrial stage to help you avoid the expense and worry of a trial by pressing the Crown to withdraw charges where they have not reasonable prospect of conviction.

What Should You Do NOW?

  • DO NOT tell your family and friends the “whole story” leading to your arrest.  Keep the details to yourself and your Ottawa criminal lawyer.
  • DO make notes of what happened leading up to your arrest and provide them to your Ottawa defence lawyer.  Make these notes asap after you are released from the police station while the events are still fresh.
  • Do follow your Ottawa criminal lawyer’s advice.  If your lawyer wants you to go for anger management, drug or alcohol assessment or other psychological investigations, DO IT.  Your efforts can only help you.
  • DO comply with any conditions of release imposed by the police carefully.  Your criminal defence lawyer’s bargaining power with the Crown decreases significantly if you are charged with a breach of your terms of release.
  • DO stay clear of the person who you are alleged to have assaulted.  If it is essential that you communicate with the other person, your defence lawyer can take steps to get permission.

If you are looking for a criminal defence lawyer to help you with your charges of assault, contact a Ottawa Criminal Defence Lawyer at 613 233-4529 or by emailing [email protected].

So You Want to Be a Surety – What is a Surety? Seven Important Facts

1. What is a surety?

A surety is a person who agrees to be responsible for someone who is accused of a crime and out of custody while waiting for trial. It is a big job, not to be taken lightly.

2. What are a surety’s duties?

  1. To ensure the accused person comes to courts on time when required;
  2. To ensure the accused person obeys each condition of the bail order or recognizance. For example, the accused person may have to report to police or may have a curfew. He or she may be prohibited from drinking alcohol.

3. Does a surety have to deposit money and if so how much?

Sometimes a cash deposit is required if someone is a surety.

More often a surety signs a bond for a certain amount.

There is no fixed amount of money that a surety must pledge.  The amount will vary based on the accused person and the charges and also based on the amount that the surety pledges relative to his or her net worth.

In other words, if you only have $10,000.00 to your name the amount you may be asked to pledge could be less than if you are a millionaire.

4. What if the accused person does not comply with the bail order?

You should not accept to be a surety unless you are sure you can supervise the accused person.

If the accused person disobeys a condition, he or she may be charged with another criminal offence.

You may lose the money you pledge as a surety.

5. What if I no longer want to be a surety?

The obligations of a surety last until the case is completely over. This may take a long time.

If you wish to end your role as a surety before the case is over here are your choices:

  1. You can bring the accused person to court and ask that you be relieved of your responsibilities, or
  2. You can come to court and apply in writing to be relieved of your duties. The court will then issue and order for the arrest of the accused person.

It is also sometimes possible to substitute one surety for another, but this must be done on an application to the Court.

6. Who is eligible to be a surety?

Whether or not the judge or justice of the peace accepts you as a surety is dependant on the specific situation, including the type of charges and the accused person’s criminal record.

The Court will consider your finances, your character and background.  Although it is not impossible, it is unusual for someone with a criminal record to be a surety.

The Court will also consider whether the surety has the time to properly supervise the accused person.  Someone whose schedule is full may not be a suitable surety.

7. Can the accused person’s lawyer give me advice about being a surety?

No.  The accused person’s lawyer cannot give you legal advice.  Sometimes a surety will obtain independent legal advise ensure that he or she is fully aware of the rights and obligations.

If you or a loved one need help getting out of jail on bail, you need an experienced criminal defence lawyer.  A criminal defence lawyer at Auger Hollingsworth can assist you.  Contact us by clicking here or by telephone at 613 233-4529.

Teen Charged with Assault After Police Chase

Ottawa- A 19-year old has been charged after a reported assault ended with a police chase and car crash in Blackburn Hamlet on Thursday, May 28th, 2009.

Police responded to a report about an assault at around 10:25 p.m. A 55-year-old man had been taken to hospital with serious injuries. He has since been released.

After arriving at the home, police were informed that the suspect had left in a white Pontiac.

Police pursued the vehicle and the driver eventually lost control. The car jumped the curb and crashed into another vehicle and a garage.

The 19-year-old driver was taken to hospital and released the next day.

The driver and the assault victim knew each other, however police have not revealed the nature of their relationship.

The driver had been charged with one count of aggravated assault and one count of taking a motor vehicle without consent. He is scheduled to appear in court on June 15th.

If you have any questions concerning a criminal charge, contact the lawyers of Auger Hollingsworth. You can call 613-233-4529, email [email protected], or click the form for a free, no-obligation consultation.

What is Assault?

Assault is defined in Section 265(1) of the Criminal Code.  A person commits assault when:

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

Assault Explained:

The terminology and word used in the Criminal Code can be confusing.  It is often difficult to decipher precisely which actions qualify as criminal offenses.  It is important to break the section down, to make sure you get it.

First, assault can occur when force is applied directly or indirectly to another person, without their consent.  The term “force” does not necessarily mean that the contact has to be violent.  Mere touching without the other person’s consent may be deemed assault.

Directly applying force refers to direct person-to-person touching. For example, under this definition, punching, pushing or kicking someone would constitute direct forms of assault.

Indirectly assaulting someone involves using another object or means other than person-to-person contact.  Examples of indirect assault may include throwing a rock or spitting.  These are just some of the types of actions that can be defined as assaults, there are many more that may fall into the assault category.

Hiring an Ottawa Criminal Defence Lawyer

We read an interesting blog post today from a Miami criminal defence lawyer , Brian Tannebaum, who writes about the client who knows he/ she is under investigation but is unsure whether or not to hire a criminal defence lawyer.  The client is concerned that hiring a criminal lawyer will make him / her “look guilty”.  Brian Tannebaum’s insightful response is that you already do look guilty, at least to the police.  So, why not deal with it responsibly by hiring a criminal defence lawyer to assist you?

At Auger Hollingsworth, we get questions like that all the time from prospective clients.  The strangest variation of this question is whether or not hiring a GOOD criminal lawyer will make the client look guilty.  Our answer?  No it just makes you look smart.

If you are under investigation, speak to a criminal defence lawyer BEFORE charges are laid.  Your chances of avoiding charges increases and your anxiety level decreases if you have a lawyer stick handling for you.  Knowledge is power.  Get an expert to teach you what to expect.

One thing we know from experience, virtually no-one under investigation “talks” himself or herself out of trouble.

The Ottawa criminal defence lawyers at Auger Hollingsworth  can assist you with the pre-charge stage if you contact our office.  To schedule a meeting with an experienced criminal defence lawyer, call us at 613-233-4529 or email [email protected]