Ottawa Defence Lawyer: What You Need to Know about Sentencing

Sentencing in a Canadian criminal case is a human process and can be one of the most difficult procedures to conduct.  It is very difficult to predict the outcome of a sentencing hearing.

The basic purpose of the criminal law is to protect society and individuals from personal injury and property damage.  The main goal in sentencing a person convicted of a criminal offence is to promote just sanctions which will promote the protection of society and its individual members.  More specifically, the Criminal Code prescribes the goals of sentence to be denunciation, deterrence, separate offenders from society where necessary, rehabilitation, reparation to victims, and to promote offender responsibility.

If you are facing an upcoming sentencing hearing, it is important that you understand and discuss with your criminal defence lawyer how each of these goals will be met.  This is critical because the judge will want to be persuaded that the sentence proposed meets these goals.  You should discuss with your criminal defence lawyer what documents, witnesses or other evidence will be presented in order to satisfy the court that these goals of sentencing will be met.

Ensure that your Ottawa criminal defence lawyer has a full understanding about your background including your education, community involvement, medical history, family support and personal circumstances in your life that may have been present leading up to the commission of the offence.  The sentencing judge will be trying to get a clear picture of you as a person and you will want to assist your criminal defence lawyer in conveying that picture in the best possible light.  You can assist your lawyer by gathering information and reliable evidence about the positive aspects about you and your character.

During the sentencing hearing, the judge can ask the convicted person if they wish to say anything to the court.  You should discuss this aspect of the process with your criminal defence lawyer.

You should also ask your criminal defence lawyer and make sure you understand all of the terms of the sentence your lawyer will ask for and all of the terms of sentence the crown attorney will ask for.  The law states that the sentencing judge does not have to accept the sentence proposed by either the defence lawyer or the crown attorney.  The sentencing judge can impose a sentence more harsh or more lenient that the sentence proposed by either party.

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].

Impaired Driving Conviction Against Naked Woman

The Ottawa Citizen reports that a convicted impaired driver who greeted police at her door naked after leaving an accident scene may receive a jail sentence if the assistant Crown attorney’s submissions are accepted. The accident took place on Highway 174 in November 2006.  The defence lawyer was opposing a jail sentence.  The woman, who was also charged with leaving the scene,  will learn her fate in September 2009.

Husband and Wife Both Charged with Impaired Driving

According to the Ottawa Sun, a Mississippi Mills husband and wife were both charged with impaired driving inlate October. Apparently, the same officer arrested both spouses in two separate incidents within half an hour of one another.

The Sun reports that the husband left an event in the couple’s car on Scotch Corners Rd., west of Carleton Place at about 2 a.m. After he was arrested and while he was sitting in the police cruiser, the police spotted another car on Highway 7 near Ramsay Concession 5A. It turns out it was the wife who was out looking for her husband. She was arrested as well.

The case will be heard in Perth, Ontario.

Looking for a lawyer to assist with impaired driving charges?  Contact Richard Auger by email [email protected] or by telephone: 613 233-4529.  All calls are confidential.

Ottawa School Bus Driver Charged in Fatal Accident

A 45-year-old has been charged in connection with the fatal collision where a school bus struck and killed a pedestrian last Thursday, March 26th.

The woman has been charged with failing to yield to a pedestrian under the Highway Traffic Act of Ontario.

The 50-year-old pedestrian was struck on Russell Road while crossing an intersection on a green light. He was in critical condition with severe head injuries. He died later in hospital.

The woman will appear in court on May 1st.

Order our free book “Fighting Drinking and Driving Charges in Ontario.”

Charged with Impaired Driving on 401

A 43-year-old impaired driver caused a two-vehicle crash on Highway 401 in Kingston, near the Sydenham Road exit at 6:45 p. m.

The Toronto man was charged for impaired driving and having a blood alcohol level over 0.08.

If you or a loved one have been charged with drinking and driving, click here to order a free copy of “Fighting Drinking and Driving Charges”.

Declining Rate for Drinking and Driving

During the first four weeks of roadside spot check program in Eastern Ontario, the provincial police stopped more than 111,000 vehicles, charged 39 people for impaired driving (over 0.08 blood alcohol level) and issued 125 12-hour license suspensions for drivers with a 0.05 blood alcohol level.

Click here to learn more about drinking and driving charges by ordering a free copy of “Fighting Drinking and Driving Charges”.

Hawksbury Fraud Charges

In April 2008, OPP officers in Hawksbury received a complaint that registration money collected 6 months earlier was missing.   The police report that in their six-month investigation, 50 people were interviewed and a search warrant was executed at a bank.

Charges were laid late last month.  The 51 year old accused is scheduled to appear in court in L’Orignal in November.

Fraud charges can be complicated to defend.  If you or a loved one has been charged with fraud, contact an Ottawa criminal defence lawyer with experience fighting this type of charge.  Richard Auger of Auger Hollingsworth can be reached at 613 233-4529 or at [email protected].

Ottawa Court Orders 4 Months Jail in Fraud Case

Despite pleading guilty to fraud and despite attending rehabilitation counselling, a 35 year old man received a 4 month jail term and was ordered to pay restitution.

Ottawa Justice Ann Alder said a jail term was justified to send a message to the public that fraud involving the elderly and vulnerable is unacceptable.  Apparently some of the victims were elderly and disabled.

The accused suffers from bipolar disorder.