They are called “social media” and “public profiles” for a reason.

With the creation of Twitter, Facebook, WordPress and every other content sharing platform our lives went from private to public in nano seconds and we seem to like it.

We share everything from where we are to what were doing and even our opinions. However, social media can be your worst enemy and karma has a long swing on the Internet. Not only are regular people like you and me on social media but, police, lawyers and people in hiring positions.

This example is not from Ottawa but, it shows what you need to worry about. A girl named Emma tweeted about hitting a cyclist with her car and how they deserved it. Turns out the Internet did not agree with her and sent that tweet to the police.  The local police, being on social media, contacted her and made sure she sent a report.

This month we wrote and sent a newsletter talking about social media and how to use/not use it to our clients. If you want this information send us an email at [email protected] and we can send you a pdf or hard copy.

If I am Being Audited by the Canada Revenue Agency, Do I Need a Lawyer?

OTTAWA CRIMINAL DEFENCE LAWYER – Tax evasion in Ontario is complicated in that you won’t be charged right away for an alleged offence. First, a national crown corporation called the Canada Revenue Agency will conduct an audit or investigation of your tax information in order to determine whether tax evasion may have actually taken place.

One common question we hear is: “Do I need to get help from a criminal defence lawyer if I am being audited or investigated for an Ontario tax evasion offence?”

That’s a tricky question to answer because charges have not necessarily been laid yet. Why hire a criminal lawyer if you are not facing any charges under the Criminal Code of Canada? I wrote a new article to explain why you absolutely should get a criminal defence lawyer’s help at this stage in the process.

One mistake people make is that they believe their accountant can help them. This can be a fatal error. I have seen cases where the client’s accountant is forced to testify against the client.

You can read it here on the site: Canada Revenue Agency Investigations and Hiring an Ontario Criminal Lawyer.

An audit or investigation by the Canada Revenue Agency is to be taken seriously – it can be just as complex and stressful as many criminal investigations. Why not take some of the burden off of your own shoulders and let a top criminal lawyer help you fight the accusations early on?

If you are being investigated or audited by the Canada Revenue Agency for possible tax evasion, you need to get legal help from an Ontario criminal defence lawyer sooner rather than later. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Canada Revenue Agency Investigations and Hiring an Ontario Criminal Lawyer

OTTAWA CRIMINAL DEFENCE LAWYER – The Canada Revenue Agency detects and reports possible income tax evasion activity in Ontario. They accomplish this by conducting audits and investigations on tax returns and reviewing documents that the Agency feels might be false. These false tax documents can be created in three ways:

  • Income is understated in order to reduce income tax payment levels.
  • Income goes unreported, even though it was allegedly received by the individual.
  • Ontario Harmonized Sales Tax (HST) is not remitted even though it is owed.

If the Canada Revenue Agency flags your tax returns, their next step may be to audit or investigate you for tax evasion activity. While there may not yet be any criminal charges at this point, it is crucial that you seek the help of a top criminal defence lawyer sooner rather than later.

Wondering why you need a lawyer even though you haven’t been charged? Here are a few good reasons:

  1. You need the help of someone who thoroughly understands the Agency’s guidelines, practices, and structure, and who has experience dealing with them.

Your objective at this point is probably to clear yourself of any involvement in a tax evasion scheme. I must emphasize that this is not something you are equipped to do alone – the Agency’s structure and methods are complicated and you might even accidentally say something that hurts your situation. Let a top criminal lawyer deal with your charges early on and on your behalf.

  1. It’s always smarter to start building your defence as soon as possible.

Don’t lose valuable preparation and fact-gathering time by waiting until you have been charged – get a lawyer who can help you figure out what information is necessary, and help you start to gather that information immediately. You and your lawyer can use these facts and evidence to defend yourself if you are eventually charged.

  1. A lawyer understands your specific tax evasion case.

A top criminal defence lawyer knows the rights you are entitled to when being investigated by the CRA and can ensure your rights are protected. Without proper legal representation, your rights may be violated without you ever knowing it.

If you are being audited or investigated by the Canada Revenue Agency, choosing the best criminal lawyer to represent you is an important decision. For more information, contact the Ottawa white-collar crime lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Can the Crown’s Breath Test Evidence Even Be Used Against You in Ontario Court?

OTTAWA CRIMINAL DEFENCE LAWYER – When you are charged with Driving “Over 80” in Ontario – that is, driving over the legal alcohol limit – the main evidence against you will likely be the breath test you took after driving.

Your criminal defence lawyer’s top objective will be to show that the breath test evidence is not admissible in court. In other words, you and your lawyer will attempt to have the charges dismissed because the breath test was not taken properly and therefore there is no evidence against you.

Fortunately, Section 258 of the Criminal Code of Canada includes a number of conditions which the breath test must meet, in order for it to be considered admissible evidence in any impaired driving case:

  • The officer must have had reasonable grounds to suspect you had alcohol in your system, before demanding that you take a breath test.
  • Each breath sample must be taken “as soon as practicable” after the police officer stops your vehicle.
  • The first sample must be taken within a specified timeframe after your alleged driving offence took place. While there can be multiple tests, police officers must allow 15-minute intervals between breath tests.
  • The breath test apparatus must be an approved instrument operated by a qualified technician.
  • Each sample must be received directly.

If you have been charged with a driving offence in Ontario, including Impaired Driving, Over 80, or Sample Refusal, you need the help of a top criminal defence lawyer who may be able to prove that the evidence against you is not sufficient. For more information, contact the Ottawa impaired driving lawyers at Auger Hollingsworth by email at [email protected] or by phone at (613) 233-4529.

How to Testify as a Witness in Ontario Court

OTTAWA CRIMINAL DEFENCE LAWYER –

OTTAWA CRIMINAL DEFENCE LAWYER – Witnesses are an important part of the criminal prosecution process in Ontario. Some of my high-profile clients over the years, including Charles Guité and Karlheinz Schreiber, have been key witnesses who needed to hire legal counsel.

I have extensive experience in trial settings, and working with witnesses specifically, so I can tell you that acting as a witness is not as easy as it might look. That’s why I’ve prepared a new article for anybody seeking information and advice on this subject: Providing Witness Testimony in Criminal Court.

This article explains in-depth the five strategies you need to use if you want to deliver a compelling and effective testimony in Ontario court:

  1. Answer truthfully.
  2. Speak loudly and maintain eye contact.
  3. Don’t continue if you are interrupted.
  4. Don’t let lawyers pressure you.
  5. Be courteous and respectful.

As a witness, you must provide accurate and truthful information. That’s a big responsibility, and it’s certainly one that you must take seriously.

If you’ve been charged with an Ontario criminal defence and have doubts about witnesses in the case – either yours or the Crown’s – it’s important to get in touch with a top criminal defence lawyer who can go over the witnesses and other case information with you. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected]rm.ca or by phone at (613) 233-4529.

How Do I Testify As a Witness at Ontario Criminal Court?

OTTAWA CRIMINAL DEFENCE LAWYER – Witnesses are often called to testify, by both the defence and the Crown, in Ontario criminal proceedings such as trials and preliminary hearings. Lawyers, judges, and juries rely on witnesses for an understanding of the events that led to criminal charges.

Being called upon to testify can be stressful, especially if it’s your first time. You are probably wondering how to best provide your testimony.

There are a number of strategies you can use to deliver your testimony as a witness in criminal court. Here are the five most important ones:

  1. Answer truthfully. Do not lie or leave out details – in fact, doing so is a criminal offence and can result in charges. If you are uncertain of an answer, indicate that you are uncertain. The same applies if you do not recall the answer.
  2. Speak loudly and maintain eye contact. Your testimony will go over better if you are addressing the judge or jury directly. They’ll get the impression that you’re doing just that if you keep your eyes on them while talking, and speak in a clear tone loud enough for them to hear.
  3. Don’t continue if you are interrupted. Court reporters or lawyers present may ask you to stop speaking so that they can get caught up. At this point, you should stop speaking – remain silent until the reporter has caught up.
  4. Don’t let lawyers pressure you. Lawyers may use tactics to make you feel pressured – especially if they are cross-examining you. Ignore that pressure and be calm. Remember that you have the right to take time on each answer.
  5. Be courteous and respectful. Criminal trials and hearings are very serious events, and your behaviour and dress should reflect that. Dress conservatively, avoid wisecracks or jokes, and always use proper addressing (e.g. “Yes, sir,” and “Your Honour.”)

Follow these guidelines, and you’re sure to deliver an effective testimony. Remember that you are there to provide your best possible recollection of events and facts.

If you’ve been charged with an Ontario criminal defence and have doubts about witnesses in the case – either yours or the Crown’s – it’s important to get in touch with a top criminal defence lawyer who can go over the witnesses and other case information with you. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Arrested in Ontario? Here’s Why You Need a Top Criminal Defence Lawyer

OTTAWA CRIMINAL DEFENCE LAWYER – Self-representation in an Ontario criminal case is a risky move, and that’s why I always tell people they should get a lawyer.

But in both Quebec and British Columbia, the number of people choosing to represent themselves in court has gone up. The trend is discussed by my Montreal colleague Luis Millan throughout his article in the latest issue of Lawyer’s Weekly: Judges Grapple with Unrepresented Litigants.

The article revealed that in Quebec, nearly 42 per cent of individuals appealing criminal sentences are unrepresented litigants. What’s even more alarming is the 38.8 per cent of “treatment cases” in Quebec – those that could be authorized for psychiatric treatment following their criminal charges – who also are proceeding without any legal counsel.

Millan discusses similar numbers in British Columbia and mentions that the figures are climbing in both provinces. I strongly discourage litigating on your own behalf in a criminal case, and here’s why:

  • Every Canadian has a right to speak with a lawyer after being arrested. This is a right that cannot be denied regardless of your financial situation – there are programs such as Legal Aid that can help you get the legal advice you require.
  • Ontario law is written for lawyers, and they understand it thoroughly. You likely don’t have the same knowledge, background and resources.
  • Unrepresented litigants’ lack of litigation experience causes courtroom delays. Moreover, sometimes these litigants find themselves looking to the judge for help – which leads to not only a waste of time, but a conflict for the judge presiding.

If you’ve been charged with a criminal offence, it’s difficult to handle your legal battle alone. An experienced criminal defence lawyer can help you understand your rights, and fight for the best possible results in your case. For more information contact the Ottawa criminal lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Illegal Gambling Charges Overturned by Ontario Judge

OTTAWA CRIMINAL DEFENCE LAWYER – Illegal gambling is one of the Ontario criminal charges that some of my clients are facing when they call me for legal consultation.

A conviction for illegal gambling activities – which the Ontario Provincial Police explain can include illegal bookmaking and unauthorized card dens or video lottery machines – could end up with you paying serious fines and penalties, or even serving a prison sentence.

But if your charges were brought against you wrongfully, there is often a practical strategy your lawyer can use to have them dismissed or withdrawn. I have successfully fought all kinds of white collar crime cases, and just recently achieved positive results in an illegal gambling case in Kingston, Ontario.

I was representing a Corrections Canada employee living in Smith’s Falls, who pleaded guilty to the illegal gambling charges against him. However, we were successful in achieving a conditional discharge for the client – including 12 months of probation.

A woman who also pled guilty and was convicted in the same case was forced to pay a $10,000 fine. The story of the withdrawn charges made regional headlines in Eastern Ontario, and you can read the full story online here at the Kingston Whig-Standard’s website.

When it comes to illegal gambling and other serious Ontario white-collar crime charges, sometimes all it takes to avoid a large fine or imprisonment is some help and advice from the best criminal defence lawyer for your case.

Have you been charged with a white-collar crime such as illegal gambling, fraud, or tax evasion? It’s important that you speak with a criminal defence lawyer who can give you valuable advice on how to proceed. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email at [email protected] or by phone at (613) 233-4529.

Arrested for Impaired Driving in Ontario? Write Down Your Story ASAP!

OTTAWA CRIMINAL DEFENCE LAWYER – If you are arrested for Impaired Driving, Over 80, or Sample Refusal in Ontario, the police will take you off the road and to a police station.

After you’re released from the police station, your first instinct might be to tell your family or close friends the “whole story” of your ordeal. As a criminal defence lawyer who has handled many driving offence cases, I can give you some important advice: keep your recollection of the events private, and discuss it only with your lawyer.

Instead of retelling the story verbally, to a friend or family member, you would be wise to write detailed notes about the incident. It’s important to include these crucial details:

  • Which foods you ate on the day of the event (and when you ate them), as well as any alcoholic beverages you consumed.
  • Where and when you were pulled over and arrested.
  • Who was with you at the time (include their names and telephone numbers).
  • What was said between yourself and the police, at the roadside and on the way to the station.
  • Whether or not you had access to a phone at the time of the arrest.
  • The type of tests that were administered, and when (e.g. was a breathalyzer used?)

These notes give you an opportunity to organize your memories of the incident, and they also provide you and your lawyer with a valuable reference for building your defence.

Have you been arrested and charged with an Ontario driving offence? Another early step you should take is contacting an experienced criminal defence lawyer, who can help you proceed with your case. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.

Crown Disclosure in an Ontario Criminal Case

OTTAWA CRIMINAL DEFENCE LAWYER – A “disclosure” is the evidence (usually documents) which supports the criminal charges against you. The crown must gove complete disclosure to your criminal defence lawyer.

This disclosure must contain all the facts of the case that have come to the attention of the police or the crown, whether or not they hurt the crown’s case.

1.      If the Crown has to give  disclosure, do I as the accused have to give disclosure to the police?

No. While the preparation of a disclosure is a necessary step for the Crown, the accused in the case is not in any way obligated share any info with the crown or the police.

2.      Is the crown also obligated to provide me with a copy of the disclosure? When can I get it, and do I have to pay a fee?

Yes, the disclosure will be provided to your criminal defence lawyer. The Crown must make a copy to give to the accused, and must also pay any expenses for that redistribution. You are entitled to receive this before your criminal trial, and before you are asked to plead either guilty or not guilty.

3.      I believe something is missing from the disclosure that has been prepared in my case.

Your right to a complete disclosure is protected under the Charter of Rights and Freedoms. If something has been left out, discuss it privately with your lawyer – there are a number of options you can pursue for setting the record straight, and you could even have your case dismissed from criminal court.

Have you been charged with an Ontario criminal offence and have doubts about your case disclosure? A top criminal lawyer can help you understand the disclosure process and how to use it in your favour. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email [email protected] or by phone at (613) 233-4529.