Robbery

If you or your loved one are facing charges of Robbery or think charges might be pending, see our section below entitled”. Should I speak to the Police and Other Tips” and  “What should I do when the Police Show Up”. Robbery carries very serious penalties of up to life imprisonment and mandatory minimums jail of 5 to 7 years in certain circumstances.

You need a lawyer at LAWYER UP immediately so you will have a criminal defence lawyer in your corner.

What is Robbery?

Robbery is treated very seriously as it is not merely a property crime but one that involves violence or threats to use force on persons.

Robbery is essentially a theft with force or violence or the threat of force or violence combined with the taking of another’s property.

Robbery can be as simple as demanding someone hand over their cell phone to purchasing or tackling them to take their purse or headphones up to a full-scale robbery of a store or bank at gunpoint.

The offence of Robbery is set out in Section 343 of the Criminal Code which  reads provides that everyone commits robbery who:

• (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property;
• (b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
• (c) assaults any person with intent to steal from him; or
• (d) steals from any person while armed with an offensive weapon or imitation thereof.

How Much Violence is Necessary?

The level of violence must be more than simply incidental contact.  Grabbing someone’s arm or shoulder or restraining them or pinning them would be sufficient.

Anything that would meet the test of an Assault under the Criminal Code would be sufficient, so any deliberate and non-consensual touching would suffice, and obviously any punching, kicking, choking or pushing to the ground or clearly an assault causing bodily harm would be sufficient.

Also, the Robbery charge states that if a person either wounds, beats, or strikes or uses personal violence” that would make out the offence.

The mere threat of violence is sufficient as well.

What is a “Threat of Violence”?

A “threat of violence” can be established by direct words or body language, the tone of voice, the choice of words used, the volume of the words spoken, the appearance of the accused, the location where any words were spoken and many other factors.

“Threats of violence” can  be through  gestures or body language and other actions as well.

The Crown’s and Court’s Approach to Robbery

Because Robbery is deemed to be a “Serious Offence” the Crown and the Courts treat Robbery with the appropriate significance in all aspects of the case, including:

• A very difficult and strongly contested Bail Hearing (called a Reverse Onus Bail) in which there is a presumption that the accused has to be detained for public safety and it is upon the accused to demonstrate to the Court why they should be released and that there is no just cause for their detention. It is a high-standard and you will need a good solid Bail Plan to be released.
• In plea negotiations, the Crown will not easily withdraw these charges, or go for any diversion or conditional sentences (house arrest)
• In sentencing the Crown will push for convictions with alengthy custodial sentence

What are the Penalties for Robbery?

Robbery is an Indictable Offence with a maximum of Life Imprisonment.

When firearms are used, or where they are used and the robbery was for the benefit of a Criminal Organization, not only is there a maximum of Life Imprisonment, but there are mandatory minimum sentences of 5 years on a 1st offence and 7 years on a 2nd offence.

In summary:

• Where a restricted or prohibited firearm is used – Life Imprisonment
• If any type of firearm is used for the benefit of a criminal organization, – Life Imprisonment

NOTE: Minimum Penalties also apply as follows:

• (i) in the case of a first offence, 5 years, and
• (ii) in the case of a second or subsequent offence, 7 years;
• In any other case, to imprisonment for life. Subsequent offences

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What is a Second or Subsequent Offence?

An offence will qualify as a 2nd or subsequent offence if there is not more than10 years separation between the current conviction date and the previous one.

Various specified offences will qualify as prior offences under the Robbery Charge provisions of the Criminal Code to trigger the 2nd or Subsequent Offence rule.   Convictions for these offences qualify:

• A previous Robbery conviction
• Using Firearm or Imitation Firearm in Commission of Offence
• Discharge Firearm With Intent
• Reckless Discharge of Firearm
• Criminal Negligence Causing Death
• Manslaughter
• Attempt Murder
• Sexual Assault With a Weapon
• Threats to a 3rd Party or Causing Bodily Harm
• Aggravated Sexual Assault
• Hostage taking or Extortion Using a Firearm

However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.


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When are Robbery Sentences Higher?

The following factors are considered aggravating factors that will increase sentences:

• The use of weapons of any kind
• The type of firearm used
• If the firearm was discharged
• discharge of any weapon
• If the Robbery was committed for the benefit of, at the direction of, or in association with, a criminal organization
• injuries to victims
• If victim under 18
• If violence used
• High value involved
• The nature and impact on any victims
• Criminal Record of the Accused, especially if lengthy in for violent offences
• Lack of Remorse –
• Lack of Restitution
• If the accused is a “scofflaw” or is not rehabilitated or “learned from past mistakes”
• If a breach of trust

When are Robbery Sentences Lower?

Factors that can reduce the sentencing are when:

• No weapon used
• If weapon used only an imitation as opposed to real weapon or no ammunition
• Offender is young
• Offender has no prior violent crime convictions
• Value involved is small
• Restitution was made
• Remorse shown to the Victim and Court
• Plea of Guilt, especially at an early stage
• No physical violence used
• No physical injuries to Victims
• Victim not elderly, handicapped, or vulnerable group
• State misconduct that does not rise to the level of Charter Breach
• Significant difficulty encountered while in Pre-Trial Custody
• If accused has aboriginal background
• Sympathetic and compassionate factors – including poor health that lengthy incarceration could worsen
• Any factor that could constitute cruel and unusual punishment under the Charter

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House Arrest Sentences Are Possible

We will work to find the best Resolution for you whether that is by Trial or seeking a Reduced Sentencing.

We can also seek a Community-Based Sentencing arrangement where you serve your sentence under strict restrictions, but not in jail. You would be basically.

Reducing Robbery Charges

Robbery charges can be reduced to many other charges, for example possession of property obtained by crime, assault, possession of a firearm etc. Reducing charges involves the defence carefully analyzing the strength and weaknesses of the Crown’s case and advocating and negotiating with them for a lesser reduced charge, usually in exchange for a plea to avoid the much more serious impact of a Robbery conviction.

Here are just some of the many availableoptions:

Reducing Robbery Charges to Theft

Yes.  Robbery includes both the taking of something which is a Theft offence. So, if the violence aspect is not provable beyond a reasonable doubt, we could negotiate the charge down to a Theft.

Reducing Robbery Charges to Assault

Yes – if we could convince the Crown that the Violence element could not be proven beyond a reasonable doubt, we could convince the Crown to reduce the charge to an Assault Charge.

Reducing Robbery Charges to Intimidation

Yes – Intimidation carries a less serious penalty.  This would be a possible reduced charge instead of a Robbery where there is difficulty in establishing that no actual taking of anything occurred.

Thinking of Pleading Guilty? Think Again!

Sometimes you think of pleading guilty just to get it over with. But think twice. If you do, you are:

• exposing yourself to criminal penalties including jail, fines and difficult probation terms,
• many severe consequences of conviction that you should be aware of that are discussed below.
• You may very well be pleading guilty when you have valid defences.
• On your own you would not be able to advocate for the best resolution of your matter. At LAWYER UP we are able to review all of details of the charge, your facts, background factors, get your version, and determine what available defences you have and lay out different defence strategies to you or resolution strategies to see you have the best possible outcome. The Legal System is very complex and very adversarial. Only Defence Counsel will have your best interest at stake. You cannot rely upon the Crown attorney to represent you.

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Probation Terms on Conviction

In addition to any sentence you receive, you will likely be put on Probation. Some Probation terms are listed below:

• PROBATION: It would be standard upon conviction to receive Probation with terms to keep the peace and be of good behaviour, appear before the court when required to do so by the court; and notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupationand other typical terms such as report weekly to a probation officer
• NO ALCOHOL or DRUGS: if drugs or alcohol were a factor in your crime, you would be ordered to abstain from the consumption of drugs except in accordance with a medical prescription, of alcohol or of any other intoxicating substance; AND, if the offender agrees, and subject to the program director’s acceptance of the offender, participate actively in a treatment program approved by the province
• NO WEAPONS- if the court is concerned about potential for violence they may order you to abstain from owning, possessing or carrying a weapon
• RESTITUTION:Order to make Restitution if there was any financial loss. The Court would consider such factors as the availability of insurance to the victim, and your financial situation.
• COMMUNITY SERVICE – you could be ordered to perform up to 240 hours of community service over a period not exceeding eighteen months;
• DNA ORDER – the Crown has discretion to seek a DNA order.
• OTHER REASONABLE PROBATION TERMS

Other Consequences of Conviction

Potential consequences of a conviction include:

• CIVIL LAWSUITS – you may be sued by the Victims
• EMPLOYMENT CONSEQUENCES – many employers require that you be bondable, have good driving records, and be of good character. Having a criminal record would make it difficult to work in many industries. You may have ongoing security or criminal checks in your current employment that may result in loss of your employment. Even for Driving records, you could be dropped from your employment if you are convicted of a substantial charge as it would increase their fleet insurance.
• EDUCATIONAL RESTRICTIONS – many Colleges and Universities do not admit persons with certain Criminal Records
• IMMIGRATION CONSEQUENCES – a conviction could seriously jeopardise your ability to remain in Canada if you are not a citizen and removal / deportation proceedings would likely be commenced
• RISK OF BREACH OF PROBATION – if you are charged with another Criminal offence or BREACHING your PROBATION TERMS, you will likely face another Criminal Offence of Breach of Probation.
• CRIMINAL RECORD – is a stigma publicly and personally
• EXPENSE OF APPLYING FOR A PARDON – you will have to incur the expense of applying for a Pardon many years down the road
• TRAVEL RESTRICTIONS – Having a Criminal Conviction will create difficulty for future travel abroad alone or with your family, especially the United States and the U.K.
• RESTITUTION – Civil Collection Proceedings for any Restitution order made

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First Time Offenders

The Justice System is more lenient on 1st time offenders because they understand that people make poor choices. The Court will be more lenient towards 1st Offenders than repeat offenders.

If you are a 1st time offender, we can explain to you several options that we can pursue to have you pass through the Criminal System and possibly have:

• Charges Withdrawn – No Criminal Record
• Diversion – No Criminal Record
• Absolute or Conditional Discharge – No Criminal Record
• Conditional Sentence – House Arrest – keep your job – no jail

Relevant Background Factors of the Accused

Your charge may have been motivated or caused by many different factors.

We dig deep to try to find the underlying causes or explanations that can lessen any impact upon you in the case and assist in having the charges either WITHDRAWN, DIVERTED, or have you receive an ABSOLUTE OR CONDITIONAL DISCHARGE WITH NO CRIMINAL RECORD.

If you are convicted and sentenced we seek to help you avoid incarceration by pleading for a Conditional Sentence allowing you to serve your sentence under “HOUSE ARREST” where you can continue to attend work.

Some Underlying issues of these offences are:

• FINANCIALLY DRIVEN CRIME: In some cases, the commission of the offence is deliberate, and well-planned and/or part of an organized crime operation for financial benefit either of the individual or a group of individuals working together.
• SUBSTANCE ABUSE DRIVEN – Sometimes, commission of the offence is the result of a need to fund an addiction to substances.
• COMPULSION–Sometimes, this offence is the result of a compulsion
• MENTAL HEALTH DRIVEN– In other cases a mental health component is driving the behaviour. The accused may be totally unaware of this and feel out of control.  Anxiety, Depression and other mental health conditions can contribute to the commission of the offence.
• INTELLECTUAL DISABILITY– Occasionally, an accused will have an intellectual disability as a result of an organic or acquired brain injury or birth issue. This can lower the capacity to understand the nature of their actions and appreciate their potential criminal consequences.
• OUT OF CHARACTER BEHAVIOUR – these are one time events in a person’ life, brought upon by a multitude of factors that create a perfect storm for a person to commit certain offences. It is very, very common for a responsibly employed person with a family, a steady job, and no prior criminal record, facing a serious personal or family health issue to commit a crime.
• MEDICAL INCIDENT CASES – in some cases a person will have a medical condition and carry out the actions of a crime while their mind is not clear.

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How We Can Resolve Your Matter

Jail and Criminal Records are one way of dealing with a conviction and all the offences provide for some type of penalty fines or incarceration.  However, they are not the best result for the accused. We will help to balance the Court’s objectives in sentencing so that there is less emphasis on punishment and more on assisting an offender to rehabilitate. The matrix the Court tries to consider when sentencing is:

• (i) to separate offenders from society;
• (ii) to provide reparations for harm done to victims/ or community;
• (iii) to promote a sense of responsibility  in offenders and their acknowledgement of any harm done to their victims and to the community; and
• (iv)  to assist in rehabilitating offenders.

We will dig deep to examine all underlying factors contributing to  the circumstances of the actions that led to your being charged.

If necessary, we will obtain medical reports and other records and send you for any assessments from our team of Psychologists and Psychiatrists to obtain proper documentation of relevant factors to assist you and the Court in making the best and most fair decision.

We look at ALL AVAILABLE Options to Benefit you including:

• Seeking approval of a Diversion Program, if available,with the result that the charges would be withdrawn upon completion of your conditions set out in the Program.
• We would seek all other sentencing options that could result in more favourable outcomes including no records in some cases. Judges have the ability to order any of the following:
  • a conditional or absolute discharge under s. 730
  • a suspended sentence under s. 731(1)(a) and (b) provided the sentence was not in excess of 2 years
  • a fine under s.  731(1)(b)
  • a conditional sentence (HOUSE ARREST) -s. 742.1.

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Diversion Programs: Represent Hope

A program called DIVERSION, is available for persons charged with less serious offences.   Typical offences would include but are not limited to mischief, theft, possession of property obtained by crime, obstruction, fraud, public intoxication and so forth.

In more serious cases, such as Robbery, the Crown’s office would have to be persuaded this is appropriate and this would require intervention and advocacy by a competent Criminal lawyer.

There may be cases in the “grey area” that is that are closer to assaults or thefts than robbery.  If the offender is youthful, has had no prior contact with the Courts, and otherwise qualifies for Diversion, there is no reason why Diversion should not be available including Mental Health Diversion.  The final decision will be made after advocating on your behalf with the Crown and the Court.

If you have used a firearm or a lengthy record this is not likely available as an option.

Many cities including New market, Toronto, Brampton, Oshawa, have DIVERSION PROGRAMS which offer 1st time offenders the option to have the charge “Diverted” from the Court system and the “Charges Withdrawn” provided certain conditions are present.

Each Courthouse has its own eligibility requirements for Diversion andthe Crown’s Office will review the same to make that determination.

Diversion Eligibility – key points:

• In cases where the amount is minor, and the property is recovered, the Crown may pre-approve the case for the Diversion Program
• Diversion is designed for persons with no prior contact with the Criminal Justice System.
• If the accused has other pending charges, or prior dealings with police even if no charges laid, or charges laid and no conviction, it is unlikely that the matter will be Recommended for the Diversion Program.

This is not to say that you will not receive Diversion.  It will mean that you will need a good Criminal Defence lawyer in your corner advocating for Diversion on your behalf to help you overcome these issues to persuade the Crown on this or the Judge.

The Crown will consider:

• The character of the accused
• The record of the accused
• The danger to society
• Damage done
• If any restitution made
• Any cooperation of the accused at the time of arrest
• Requirements imposed to satisfy Diversion Programs are determined by the facts of each particular case, and could include:
  • Make a charitable donation;
  • Complete a specified number of community service/volunteer work hours;
  • Both Charitable Donation and community Service;
  • Deliver a statement of apology to the victim;
  • Make restitution;
  • Complete a substance abuse program;
  • Complete an anger management program;
  • Any other mental health counselling;
  • Other – as may be determined by the judge

Once the requirements of the Diversion Program have been met, the Defence Counsel can relay this to the Crown and ensure that the Charge is withdrawn against the accused.

If a person is not pre-screened as eligible for the diversion program, a lawyer may be able to convince a Crown Attorney to reconsider their decision.


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Mental Health Diversion

A Program called MENTAL HEALTH DIVERSION is available for persons charged with less serious offences.  They are applicable especially where there exists a mental health disorder or addiction.

The underlying idea is that Mental health diversion recognizes that it unfair for a person with mental illness to suffer Criminal punishment and consequences for relatively minor offences that pose a low risk to the public.

If accepted into the diversion program the accused would receive community-based treatment to assist with their overall mental health, and addictions with the goal of preventing repeat of the offending behaviour.

Acceptance into the Mental Health Diversion Program is generally available to persons who suffer significant mental disorders such as:

• Schizophrenia and Schizo-Affective Disorders
• Bipolar Disorders and other Mood Disorders
• Psychotic Disorders
• Perception and Thought Disorders
• Depression
• Anxiety Disorders
• PTSD
• Memory Disorders
• Fetal Alcohol Syndrome Disorders

Many times an accused with these conditions will also suffer with a drug or alcohol addiction.

Call LAWYER UP to see if you are eligible for the DIVERSION PROGRAM.


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Conditional Sentences

In the event a client receives a sentence of less than 2 years, we can seek a “Conditional Sentence” result which would avoid the accused having to go to jail.

If a mandatory minimum sentence would apply to you such as where you used a firearm or imitation firearm or committed the offence as part of a Criminal organization, you will be facing between 5 and 7 years in jail upon conviction so a Conditional Sentence will not be available to you.  Any sentence of 2 years or more will disqualify you.

A conditional sentence can be imposed by a Judge to allow a convicted accused to avoid having to spend time in jail and serve that sentence outside of jail under, under strict, jail‑like conditions.  This does not affect the fact that there will still be a Criminal Record.

Conditional sentences are sometimes called “house arrest,” because they often require the offender to spend all or part of the sentence in their house.

A judge can only impose a conditional sentence if:

• the sentence of imprisonment is less than two years;
• the offender has not been convicted of a criminal offence that requires a minimum amount of jail time;
• the offender has not been convicted of a terrorism offence, serious personal injury offence, or a criminal organization offence prosecuted by way of indictment for which the maximum term of imprisonment is ten years or more;
• the judge is satisfied that by serving the sentence in the community the safety of the community would not be threatened;
• the judge is satisfied that having the offender serve the sentence in the community is consistent with the sentencing principles of the Criminal Code.

Common Elements of Conditional Sentences

• mandatory conditions, and restrictions will be in a conditional sentence that make it like a strict jail sentence. House arrest usually means that the offender must stay in their home at all times (or during certain hours) unless they are working, attending school or religious worship, or for medical appointments or emergencies.
• Other conditions attached will be similar to those in a probation order. It is common for a probation order to follow a conditional sentence.
• Supervision is by a conditional sentence supervisor (who is actually a probation officer)
• every conditional sentence requires the offender to report to the conditional sentence supervisor at least once, but reporting several times can be expected
• Breach of one or more of the conditions of a conditional sentence, will result in a hearing held in front of a judge.
• If the judge is convinced that the accused broke one or more of the conditions without a lawful or reasonable excuse, the judge may make the offender serve the remaining time in jail.

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How to Beat Robbery Charges: Your Defences To Robbery

• ACTUS REUS ELEMENTS: These are the required “physical elements: of the offence that the Crown must prove.

As part of your defence, we would seek to raise defences to each required element of the charge. The Crown must prove all of the physical essential elements of a Robbery charge beyond a reasonable doubt. These physical elements are:

(i) that someone (being the accused)(ii)  uses violence or the threats of violence to a person

(iii) to prevent or overcome resistance to the stealing

(Iv) “from another person” and

(v)  at the time of the stealing, immediately before, or immediately afterwards

(vi) either wounds, beats, strikes or uses any personal violence on that person or

(vii) “Assaults” that person with intent to steal from them

(viii) or steals while armed with an offensive weapon or imitation thereof

• IDENTITY – this is often the key issue in any Robbery in dispute and memories and identification issues present great difficulty in many cases to prove beyond a reasonable doubt. Eye-witness accounts may be faulty. Video images may be of poor quality or non-existent. Lighting conditions poor.
• ALIBI – If the accused can demonstrate they were elsewhere at the time of the offence, this will aid in their defence.
• MENS REA – This is the mental element requirement of the offence and requires the Crown to establish that you voluntarily and wilfully intended to commit each of the separate elements described in the offence. The mens rea element of the offence of Robbery is essentially:
  • that the accused intended to use violence or threaten violence; and
  • that the accused intended to steal
• DISPUTING FINGERPRINT EVIDENCE – we are able to provide expert reports from our own specialists to counter any evidence of the Crown
• DISPUTING DNA Evidence – Although the field of DNA has advanced rapidly, the Centre for Forensic Sciences still make many mistakes, and human error, contamination of samples, and lack of continuity of evidence can play a role to create a reasonable doubt in the Crown’s case based on this.  We can call our own experts on this matter.
• SEARCH & SEIZURE DEFENCE – This is not so much a defence as it is a strategy to exclude evidence but is a crucial element in a solid defence strategy. Most charges arise as a result of a seizure of property in a home, car or other location. The Police have to follow legal requirements to obtain the right to enter property and conduct searches. This usually requires a Search Warrant.We closely scrutinize the validity of how the warrant was obtained and will bring all necessary motions to exclude any evidence improperly obtained in order to protect your constitutional right set out under Section 8 of the Charter which provides that “Everyone has the right to be secure against unreasonable search or seizure”.
• ACTUAL OWNERSHIP: if you in fact owned the property alleged to have been stolen that could be part of your defence but it should not be relied upon in its entirety. While you cannot be convicted of theft of something that you actually own it is a different story when it comes to assault or using violence to retrieve your property in a Robbery situation. The success of this defence would depend heavily on the facts and likely be available in only rare circumstances.
• COLOUR OF RIGHT: if you held an honest belief that you had a lawful right to the property when you did not, then this would be a defence. The onus is on the accused to establish the basis upon which you honestly and reasonably believed in this particular state of affairs. Again, in a theft this would be an absolute defence. In a Robbery, it could be raised but would be a difficult one to rely upon and heavily dependent on the facts.
• REASONABLE EXCUSE – in many offences having a reasonable excuse for taking action or any inaction may provide an accused with a complete defence, even where the accused may have actually committed all the necessary elements of the offence and voluntarily and wilfully did so.An example of a reasonable excuse would be a medical emergency. The reasonableness will be judged in all the circumstances.   There are conceivable circumstances where a person would commit a robbery that this defence could succeed in.
• NECESSITY – in some circumstances Necessity can be a valid defence. Again, the Court would look at the entire situation and determine if this is valid to relieve the accused from criminal responsibility. Necessity is a defence pursuant to Section 8 (3) of the Criminal Code which provides that:

“Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.”The defence of necessity requires that:

1. There was some type of imminent peril or danger;
2. There was no reasonable legal alternative other than commit the offence; and
3. That the harm caused by the accused was not disproportionate to the harm he was trying to avoid.
• CONTINUITY OF EVIDENCE – We insist that the Crown prove that the evidence in the case has been handled properly and in accordance with strict legal requirements.
• CHARTER DEFENCES – If any of an accused’s Charter rights were violated these would provided a remedy including the dismissal or staying of charges against the accused or the exclusion of evidence. if the Police did not advise you of your right to remain silent, or right to counsel, and did not permit you to contact counsel promptly, or abused you in the course of arrest, or you failed to receive a trial within a reasonable time.
• PROVE IT: We would insist upon the Crown to prove all elements of the offence Beyond a Reasonable Doubt. If a reasonable doubt exists on ANY of the essential elements of the charge, then the Crown’s case is not provable in Court and you cannot be convicted.

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Right to Trial Within a Reasonable Time

Cases are regularly dismissed simply for failure for the Court, for whatever reason, to have these trials completed so long as the delays are not completely the fault of the Accused or his/her counsel.

In simple terms, the Supreme Court of Canada has interpreted section 11(b) of our Charter of Rights and Freedoms that guarantees everyone a right to be tried within a reasonable time by setting clear standards for trials to be completed in both the Ontario Court of Justice – Provincial Court (18 Months) and the Superior Court of Justice (30 Months).The time starts when the charge is laid and runs to the date of the expected completion of the trial. Anything beyond this amount of time (minus defence delay) is presumed to exceed the ceiling and gives the Defence the Right to bring a Charter Application to have the Case Stayed (effectively dismissed) on account of delay.

Only in very exceptional circumstances can the Crown argue it is unreasonable to ask for a Dismissal.  Some of the largest Criminal cases in Canadian history have been dismissed on this basis and many, many cases are dismissed for delay.

We will utilize this right in our arsenal of tools to properly defend our clients no matter what the charge and if the case is delayed you can expect we will argue it to be dismissed.


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Conducting a Preliminary Inquiry

Whenever there exists a possible jail sentence of 14 years or more, an accused has the right to have a preliminary inquiry.  We as your defence counsel would advise you about this option and if instructed to proceed, we would arrange a date for a Preliminary Inquiry to be held in the Ontario Court of Justice.  Thereafter, if the matter is not resolved and goes to trial, the trial would be in the Superior Court of Justice before a court by Judge alone or Judge and Jury.

• The preliminary inquiry is not mandatory and can be waived by the accused who would then proceed directly to trial in either the Ontario Court of Justice or the Superior Court of Justice. If the trial is to be completed in the Superior Court of Justice, a waiver of the preliminary inquiry requires the consent of the Crown.
• At a preliminary inquiry, the Crown is required to call sufficient evidence upon which a properly instructed jury, acting reasonably, may return a verdict of guilt. This is an easy test for the Crown to meet in the vast majority of cases.
• The Preliminary Inquiry allows the Defence an opportunity to test the evidence and witnesses of the Crown and discover any strengths and weaknesses in their case. This helps in formulating an effective defence strategy going forward.

Release After Arrest and Bail Hearings

After an Arrest for Robbery you will be held for a bail hearing of a type known as a “reverse onus” bail. This is one where instead of the Crown having to demonstrate why the accused should not be released, the onus is on the accused to show why they should be released.  This higher onus means if you are charged, you need to be prepared very thoroughly for any bail hearing, with sureties and a solid bail plan and likely very strict conditions.  It is likely if released you will have to wear electronic GPS monitoring (also known as an “ankle bracelet” which you will have to arrange to pay for.

Bail hearings rarely go the next day for a Robbery case and are typically put over a day or few days to ensure that the Defence can obtain the Bail Package from the Crown, review it carefully and review your record and all potential sureties, and set up GPS monitoring and all other necessary conditions to assure the Court that you would be safe to release into the community.

The Crowns typically do not consent to release without a strict bail plan, and even when all necessary conditions seem in place, they usually wish to run a contested bail hearing.

We have great experience and a high success rate with obtaining bails for crimes of violence and those with firearms and weapons.

• We can help you with bail in either scenario.

Appeals of Conviction & Sentence

If you have been convicted, you can appeal both your conviction or sentence or both.  Usually an appeal must be filed within 30 days of the date that sentence is imposed otherwise leave to appeal must be obtained. We would be happy to discuss with you your case and your appeal options.

If it is necessary to launch an appeal, It is necessary that we order transcripts immediately and provide the Court with a Certificate to confirm this at the time we file your Appeal.

Because time is of the essence, don’t delay, call right away to arrange a consultation.

Record Suspensions and Pardons

If you have been convicted of any offence we can apply on your behalf for a record suspension pursuant to the Criminal Records Act. There are mandatory waiting periods after conviction before you are eligible.  Contact us and we would be happy to discuss this with you.


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Should I Speak to the Police & Other Tips?

Typically, any person potentially involved in a crime should not be speaking to the police before getting proper legal advice because:

• They may or may not know that you were involved with any certainty. Using camera technology the police can identify persons and also track their vehicles on roadways, get vehicle plate numbers and locate the owner of the vehicle.  Police have other investigative tools as well to locate potential suspects.
• The Police may call you or show up at your residence when you are not prepared to speak to them.
• The Police may say they are there to try to “clear up” a situation or to exclude you from being involved and ask where you were on a specific day and time. If you lie, you will have further problems.
• The Police may try to tempt you by saying if you “cooperate” they may not lay any charges. Remember that the Police  are there to conduct an investigation.
• Do not provide them with anything with your DNA on it such as a drink bottle or pop can or cigarette butt
• They are allowed to lie as an investigative tool in order to secure statements from persons they are investigating
• Do not rely on “advice from the police” as they are not acting in your interest

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What Should I Do When the Police Show UP ?

1. Do not speak to the police about the matter. Listen to what they say and then tell them sorry, you have nothing to say. I’m going to call a lawyer. Then call us.
2. If they ask you “do you mind if we step inside to speak” you should say you would rather they stay outside because once you invite them inside, anything they inside will be fair game for them. If they see anything linking you to the crime they are investigating, or any other potential crime they can charge you.  For example if they see Marijuana plants growing in a room, and you have no licence for this, you would be charged.
3. Do not make any decisions based on what the police tell you or before you have all the facts. Make that decision AFTER speaking to our office.
4. Do not post evidence or comments online or speak to others about any potential crime as you create a public record.
5. Do not speak to others about the potential crime as you’ll only create more possibility of witnesses against you.
6. Advise them that you are exercising your right to remain silent and your right to contact your lawyer.
7. They may take you into custody and arrest you but you are far better off in all criminal cases to make no statement to the police.
8. Insist upon calling our office if you are arrested for advice.
9. Remember that any statement you give will likely be used against you.
10. If you give any statements, you end up pinning yourself down to a version of events that you are stuck with and that will hamper your defence.
11. Do Not take any cell phone with you to the police station if you are taken into custody as the police commonly will do forensics on your cell phone while you are in custody.
12. Do Not Consent to any form of Search of your home or vehicle. Police need a search warrant to conduct any search.
13. If they say ok they will wait until the warrant arrives tell them you are happy if they wait but not on your private property; they’ll have to wait on public property.
14. Call us immediately. We can speak to the Police while you are there with them and tell them you have nothing to say and have them leave unless they are there already to arrest you or have a warrant in their hands.

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Reasons to Choose LAWYER UP to Defend You

1. We know the Law: We understand the charges you are facing and have the skill to deal with the complex legal issues in them.
2. Legal System for You: We make sure the legal system works not just for the police and the Crowns but for you !
3. We are Fast: We will be in your corner from the first call.
4. Unique Plan: We will develop with you a unique plan for your case. We will consider all of your personal factors, family, employment, immigration, travel, finances, etc.
5. We Listen; You can reach us by phone/email anytime.
6. Progress Updates: Regular progress updates on the case.
7. You are Never Alone: We communicate with you. You’ll never be in the dark.
8. Peace of Mind: Wego to Court for you so you don’t have to, except when absolutely required by the Court.
9. We Go Above and Beyond to Have your Back: We are in your Corner and dig deep, working hard and smart leaving no stone unturned to protect your rights using all legal means available.
10. Flexible Financial Plans: We’ll work out financial payments that you can manage.
11. We See the Big Picture: We’ll protect ALL of your rights. Under Canadian law you are presumed innocent until proven guilty. You are not required to prove your innocence, only raise a reasonable doubt as to your guilt, based on all the evidence before the Court.
12. We seek to minimize all negative Consequences: We try to minimize the negative effects of a conviction and criminal record on you which could expose you to civil actions, risk to employment, education, or travel plans and harm your immigration status.
13. One Stop Legal: We can deal with any spin off legal issues including your immigration, employment or any civil actions if needed so you won’t have to find another lawyer. Since we know your case you’ll save money.
14. Our Goal: We aim is to investigate the facts and to negotiate a conviction-free result for you. We always seek a conviction-free resolution with NO CRIMINAL RECORD. Secondly, we always seek to have you avoid any jail time, by looking for alternate opportunities available in sentencing other than jail. We bring to the Crown’s and Court’s attention all factors that mitigate against a harsh sentence and in the worst scenario if Jail is the only option available, we will pursue a Conditional Sentence so any time may be served under House Arrest allowing you to continue to see your family and go to work.
15. Fair treatment and Vigorous Defence : We are relentless to obtain an acquittal or resolution at the earliest opportunity for you. We do our best to ensure you receive fair treatment throughout   any allegations are vigorously defended by tough negotiation, and tough cross-examination when necessary, and by bringing all required Court Motions to protectall your legal and procedural rights from beginning to end.

Call 905-745-6180 or Schedule Consultation Online