Possession of a weapon may constitute a criminal offence in two different situations: because of the use made of the weapon or also because of the nature of the weapon. This means that certain devices that are not inherently criminal can become so under certain circumstances, whereas other devices are prohibited weapons at any time, no matter what use is made of them (Sections 91 and 92 Criminal Code of Canada).
Prohibited bladed weapons
There is a list of bladed weapons whose simple possession is criminal.
This list is found in the Prohibited Weapons Order and the Criminal Code. Some of the best known of these prohibited weapons are shurikens, brass knuckles and nunchakus amongs others.
Prohibited firearms and other prohibited weapons
Some firearms may be owned legally, as long as you have an adequate licence and permit. Nevertheless, there are many firearms whose possession is prohibited at all times. The list of these weapons is found in the Prohibited Weapons Order and the Criminal Code.
Click here for exemple of cases of prohibted weapons handled by Cormier Simard Law firm.
If you wish to know whether or not a weapon is legal or if you have been arrested for possession of a prohibited weapon, it is strongly recommended that you consult a criminal lawyer.
Sunday, July 25, 2010
Friday, July 23, 2010
Assault
Mr. Xavier Cormier, a criminal lawyer, provides individuals with defense if they are charged with assault.
Section 265 of the Criminal Code of Canada defines assault as follows:
(1) A person commits an 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 a 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.
Under Section 266 of the Criminal Code, the maximum sentence for simple assault is 6 months imprisonment if the prosecution is done summarily and five years if it is found to be a criminal offence.
Open the bulletins of this site to read about examples of cases of assault defended by Mr. Xavier Cormier, a criminal lawyer.
Section 265 of the Criminal Code of Canada defines assault as follows:
(1) A person commits an 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 a 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.
Under Section 266 of the Criminal Code, the maximum sentence for simple assault is 6 months imprisonment if the prosecution is done summarily and five years if it is found to be a criminal offence.
Open the bulletins of this site to read about examples of cases of assault defended by Mr. Xavier Cormier, a criminal lawyer.
A client is acquitted on a charge of stealing ga
A client of Mr. Xavier Cormier, a criminal lawyer, had been charged with stealing gas (Section 334 b) (ii) Criminal Code of Canada). Charges had been laid several years before Mr. Cormier became the defence lawyer for this case. He had discussions with the Prosecutor about the procedures. The client made a donation to a charity organization, then the Prosecutor dropped the charges, given all the circumstances in the case.
Not all clients of criminal lawyer Xavier Cormier are acquitted. See notice.
Not all clients of criminal lawyer Xavier Cormier are acquitted. See notice.
Monday, July 12, 2010
Sexual assault
Xavier Cormier, a lawyer, defends clients charged with sexual assault.
Sexual assault may be described as sexual assault or contact to which the victim has not consented or for which he/she has not provided valid consent.
Sexual assault is an offence that can involve a sentence of up to ten years of imprisonment according to Section 271 of the Criminal Code of Canada, unless the plaintiff chooses summary prosecution. The Criminal Code provides stricter punishment for armed sexual aggression or grievous sexual aggression (Sections 272 and 273 of the Criminal Code). There can also be a minimum sentence of imprisonment in certain cases, for instance when an extra factor is a charge of sexual contact committed against a child under 16 years old (Sections 151 and the following in the Criminal Code).
A defense lawyer in a case of sexual assault has to consider several factors while preparing such a case: the credibility of the witnesses, the client’s perception of the facts, the issue of consent, the specific rules governing evidence in these cases and the issues related to the Canadian Charter of Rights and Freedoms. He also has to assess the strength of the inculpatory evidence. The defense lawyer may use as evidence his client’s version of the facts and draw attention to the weaknesses in the testimonies against the client.
It is highly recommended that any person charged with sexual assault resort to the services of a criminal lawyer.
Open other bulletins in this web site to read about examples of sexual assault cases defended by Cormier Simard.
Sexual assault may be described as sexual assault or contact to which the victim has not consented or for which he/she has not provided valid consent.
Sexual assault is an offence that can involve a sentence of up to ten years of imprisonment according to Section 271 of the Criminal Code of Canada, unless the plaintiff chooses summary prosecution. The Criminal Code provides stricter punishment for armed sexual aggression or grievous sexual aggression (Sections 272 and 273 of the Criminal Code). There can also be a minimum sentence of imprisonment in certain cases, for instance when an extra factor is a charge of sexual contact committed against a child under 16 years old (Sections 151 and the following in the Criminal Code).
A defense lawyer in a case of sexual assault has to consider several factors while preparing such a case: the credibility of the witnesses, the client’s perception of the facts, the issue of consent, the specific rules governing evidence in these cases and the issues related to the Canadian Charter of Rights and Freedoms. He also has to assess the strength of the inculpatory evidence. The defense lawyer may use as evidence his client’s version of the facts and draw attention to the weaknesses in the testimonies against the client.
It is highly recommended that any person charged with sexual assault resort to the services of a criminal lawyer.
Open other bulletins in this web site to read about examples of sexual assault cases defended by Cormier Simard.
A client charged with possession of cannabis receives an absolute discharge
A client of criminal lawyer Xavier Cormier was charged with simple possession of over 200 grams of marijuana (Section 4 (1) (4) b) Controlled Drugs and Substances Act). Mr. Cormier negotiated with the Prosecutor. Mr. Cormier’s client made a donation to a charity organization and then pleaded guilty to the cannabis possession charge. The lawyers suggested the Judge grant Mr. Cormier’s client an absolute discharge. The Judge agreed.
Not all Mr. Cormier’s clients receive an absolute discharge. See notice.
Not all Mr. Cormier’s clients receive an absolute discharge. See notice.
Sunday, July 4, 2010
Fraud
Xavier Cormier, a lawyer, defends clients charged with fraud.
Fraud is described under Section 380 of the Criminal Code of Canada as being: "Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service". The fraudulent means can be, for example, lies, an organized contrivance used to make falsehood seem true, hiding critical information, exploiting others’ weaknesses, misappropriating or abating funds without authorization.
Fraud concerning over $ 5,000 is liable to a maximum sentence of 14 years imprisonment (Section 380 (1) (a) Criminal Code). Fraud for less than $ 5,000 is liable to a maximum sentence of 2 years if the case is carried out criminally or 6 months imprisonment if the case is carried out summarily (Section 380 (2) (a) and (b) Criminal Code). An absolute discharge is among the sentences a judge can impose in case of fraud for less than $ 5,000.
The defense lawyer defending a client charged with fraud has to ask certain questions, such as: What evidence is there that the defendant was aware of the nature of his fraudulent action and knew it involved the risk of a tort? Is there evidence beyond any reasonable doubt that it was indeed the defendant who committed the fraud, instead of someone else? Did the suspected acts really constitute a fraud as defined by the Criminal Code? Is the client’s version infirmative?
Open the other bulletins of this web site to read about examples of fraud cases defended by Mr. Cormier.
Any person charged with fraud should consult a criminal defense lawyer as soon as possible.
Fraud is described under Section 380 of the Criminal Code of Canada as being: "Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service". The fraudulent means can be, for example, lies, an organized contrivance used to make falsehood seem true, hiding critical information, exploiting others’ weaknesses, misappropriating or abating funds without authorization.
Fraud concerning over $ 5,000 is liable to a maximum sentence of 14 years imprisonment (Section 380 (1) (a) Criminal Code). Fraud for less than $ 5,000 is liable to a maximum sentence of 2 years if the case is carried out criminally or 6 months imprisonment if the case is carried out summarily (Section 380 (2) (a) and (b) Criminal Code). An absolute discharge is among the sentences a judge can impose in case of fraud for less than $ 5,000.
The defense lawyer defending a client charged with fraud has to ask certain questions, such as: What evidence is there that the defendant was aware of the nature of his fraudulent action and knew it involved the risk of a tort? Is there evidence beyond any reasonable doubt that it was indeed the defendant who committed the fraud, instead of someone else? Did the suspected acts really constitute a fraud as defined by the Criminal Code? Is the client’s version infirmative?
Open the other bulletins of this web site to read about examples of fraud cases defended by Mr. Cormier.
Any person charged with fraud should consult a criminal defense lawyer as soon as possible.
Thursday, June 24, 2010
A client charged with assault is acquitted
A client of criminal lawyer Xavier Cormier was charged with assaulting his spouse (Section 266 b) Criminal Code of Canada). Therefore the charges were related to domestic violence. Following the client’s arrest, he was let out of custody on condition that he did not contact the plaintiff. Mr. Cormier had discussions with the Prosecutor when the case came back to Court. As for the plaintiff, she met with a social worker. The client’s liberation conditions were modified and he was once again allowed to contact the plaintiff. A few weeks later, the charges were dropped by the Prosecutor and the client was acquitted.
Not all Mr. Cormier’s clients are acquitted of their charges. See notice.
Not all Mr. Cormier’s clients are acquitted of their charges. See notice.
Friday, June 18, 2010
A client charged with assault is acquitted
A client of criminal lawyer Luc Simard had been charged with assault (Section 266 Criminal Code of Canada). These charges were related to conjugal violence. Proceedings had begun four years prior when Mr. Simard was approached to be the defence lawyer in this case. The day of the trial, Mr. Simard had discussions with the Prosecutor. The Prosecutor finally withdrew the client’s charges, and she was acquitted. The client signed a one year peace bond.
Not all lawyer Luc Simard’s clients are acquitted. See notice.
Not all lawyer Luc Simard’s clients are acquitted. See notice.
Friday, June 11, 2010
The Benefits of a Canadian pardon
A Canadian pardon helps individuals with a criminal record remove the limits caused by their criminal past. These limits must be eliminated in order for the individual to live a normal, successful and happy life. Some of the limits that individuals with a criminal record face without a Canadian pardon are:
· Employment: Employers often conduct criminal background checks on prospective employees prior to hiring them. This has become a more mainstream practice as employers seek to reduce liability, and a criminal background check provides the employer with an immediate judgment of character.
· Job Promotion: Often job promotions involve higher levels of confidentiality and trust, and therefore criminal background checks are often conducted ‘just to be safe’. Having a criminal record will have a negative effect on any promotion decisions.
· Ability to be bonded: An individual with a criminal record will often encounter more difficulties when attempting to be bonded. This is often a crucial factor in an employer’s decision making process when determining whether to hire an individual.
· Travelling: Travelling plans can often be affected by the existence of a criminal record. For example, the discovery of certain criminal convictions will result in an individual being denied permission to enter the United States.
· Education: Many post-secondary institutions that require ‘on the job training’ require a clear criminal background check. These fields of study include law, medicine, law enforcement and child care.
· Immigration: Immigration Canada will often reject individuals with a criminal record who are applying for Canadian citizenship. In fact, an individual with a criminal record may be at risk of deportation in some circumstances. In this situation it is vital that the process of obtaining a pardon is initiated before citizenship is applied for.
· Child Custody: Many judges now view the existence of a criminal record as a negative statement of character. This can become a crucial factor in their decision making process when establishing child custody rights between parents or legal guardians.
· Volunteering: Many volunteer organizations require criminal background checks before an individual can begin volunteering, and the existence of a criminal record will create limitations on how, where, and even if an individual will be allowed to volunteer.
· Adoption: Government agencies will not allow people with a criminal record to adopt children. A Canadian pardon will mediate that effect.
As stated earlier, an individual with a criminal record will often encounter limits when attempting to advance with any of the abovementioned activities. A Canadian pardon will provide a resolution to these limits, as all information relating to the criminal record is removed from police databases and are kept separate and apart from other ‘non’ pardoned criminal records. In effect, a Canadian pardon will permanently seal a criminal record, ensuring that it cannot be investigated or discovered during a criminal background check and most police investigations. It is only in extremely rare circumstances that police can apply to the Minister of Public Safety with a formal request to ‘open’ a pardoned criminal record. For the vast majority who get a Canadian pardon, their criminal record will effectively cease to exist, and there will no longer be any limitations, giving them back the opportunities they deserve. If you would like more information on Canadian pardons, please visit Canadian Pardons.
· Employment: Employers often conduct criminal background checks on prospective employees prior to hiring them. This has become a more mainstream practice as employers seek to reduce liability, and a criminal background check provides the employer with an immediate judgment of character.
· Job Promotion: Often job promotions involve higher levels of confidentiality and trust, and therefore criminal background checks are often conducted ‘just to be safe’. Having a criminal record will have a negative effect on any promotion decisions.
· Ability to be bonded: An individual with a criminal record will often encounter more difficulties when attempting to be bonded. This is often a crucial factor in an employer’s decision making process when determining whether to hire an individual.
· Travelling: Travelling plans can often be affected by the existence of a criminal record. For example, the discovery of certain criminal convictions will result in an individual being denied permission to enter the United States.
· Education: Many post-secondary institutions that require ‘on the job training’ require a clear criminal background check. These fields of study include law, medicine, law enforcement and child care.
· Immigration: Immigration Canada will often reject individuals with a criminal record who are applying for Canadian citizenship. In fact, an individual with a criminal record may be at risk of deportation in some circumstances. In this situation it is vital that the process of obtaining a pardon is initiated before citizenship is applied for.
· Child Custody: Many judges now view the existence of a criminal record as a negative statement of character. This can become a crucial factor in their decision making process when establishing child custody rights between parents or legal guardians.
· Volunteering: Many volunteer organizations require criminal background checks before an individual can begin volunteering, and the existence of a criminal record will create limitations on how, where, and even if an individual will be allowed to volunteer.
· Adoption: Government agencies will not allow people with a criminal record to adopt children. A Canadian pardon will mediate that effect.
As stated earlier, an individual with a criminal record will often encounter limits when attempting to advance with any of the abovementioned activities. A Canadian pardon will provide a resolution to these limits, as all information relating to the criminal record is removed from police databases and are kept separate and apart from other ‘non’ pardoned criminal records. In effect, a Canadian pardon will permanently seal a criminal record, ensuring that it cannot be investigated or discovered during a criminal background check and most police investigations. It is only in extremely rare circumstances that police can apply to the Minister of Public Safety with a formal request to ‘open’ a pardoned criminal record. For the vast majority who get a Canadian pardon, their criminal record will effectively cease to exist, and there will no longer be any limitations, giving them back the opportunities they deserve. If you would like more information on Canadian pardons, please visit Canadian Pardons.
Tuesday, June 1, 2010
A client charged with theft and mischief receives an absolute discharge
A client of criminal lawyer Xavier Cormier had been charged with theft for a value not exceeding $ 5,000 (Section 334 Criminal Code of Canada) and doing mischief to property (Section 430 Criminal Code). On the day of the trial, Mr. Cormier negotiated with the Prosecutor. The client made a charity donation and then pleaded guilty to his charges. The lawyers suggested the Judge grant the client an absolute discharge. The Judge agreed to the parties’ suggestion and granted the client an absolute discharge.
Not all clients of criminal lawyer Xavier Cormier receive a discharge. See notice.
Not all clients of criminal lawyer Xavier Cormier receive a discharge. See notice.
Saturday, May 29, 2010
Three clients charged with shoplifting are given absolute discharges
Three clients of criminal lawyer Luc Simard had been charged with shoplifting together (Section 334 Criminal Code of Canada). Mr. Simard undertook negotiations with the Prosecutor. The clients made a donation to a charity organization and pleaded guilty to the charges. Taking into account the donations made as well as each of the women’s permanent resident status, the lawyers suggested the Judge grant them absolute discharges. The Judge acquiesced.
Not all clients of criminal lawyer Luc Simard receive a discharge. See notice.
Not all clients of criminal lawyer Luc Simard receive a discharge. See notice.
Monday, May 17, 2010
A client is acquitted on charges of criminal harassment and assault
A client of criminal lawyer Xavier Cormier was charged with criminal harassment (Section 264 (1) (3) b) Criminal Code of Canada) and assault (Section 266 b) Criminal Code). Mr. Cormier did a follow up on the case and had numerous discussions with the Prosecutor. He and the Prosecutor finally agreed that the charges would be dropped, if the client signed a one year peace bond. Therefore, Mr. Cormier’s client was acquitted of all his charges.
Not all Xavier Cormier’s clients are acquitted of their charges. See notice.
Not all Xavier Cormier’s clients are acquitted of their charges. See notice.
Tuesday, April 27, 2010
A client is freed from the shoplifting charges against her
A client of criminal lawyer Xavier Cormier was charged with shoplifting for a value of over $ 700 (Section 334 Criminal Code of Canada). Mr. Cormier discussed the case with the Prosecutor and the latter decided to drop the charges against the client of Mr. Cormier, given her personal and occupational situation at the time of the charges as well as other factors.
Not all the clients of criminal lawyer Xavier Cormier are freed of their charges. See notice.
Not all the clients of criminal lawyer Xavier Cormier are freed of their charges. See notice.
Thursday, April 22, 2010
A client is acquitted on a shoplifting charge
A client of criminal lawyer Xavier Cormier had been charged with shoplifting (Section 334 Criminal Code of Canada). The client pleaded not guilty. During the trial, a witness of the Crown was not present in court. Mr. Cormier had discussions with the Prosecutor, in order to present his client’s defence. Finally, the Prosecutor decided to drop the charges against the client, who was acquitted.
Not all clients of criminal lawyer Xavier Cormier are acquitted. See notice.
Not all clients of criminal lawyer Xavier Cormier are acquitted. See notice.
Wednesday, April 14, 2010
A client charged with obstructing and assaulting a police officer receives an absolute discharge
A client of criminal lawyer Xavier Cormier was charged with assaulting a police officer (Section 270 (1) a) (2) b) Criminal Code of Canada) and obstructing a police officer (Section 129 a) e) Criminal Code). This client might have to travel to the United States for personal and occupational reasons. Mr. Cormier gathered several documents that proved that the client had a real interest in benefiting from a discharge, then discussed her case with the Prosecutor. The client made a donation to a charity organization and then pleaded guilty. The lawyers suggested the Judge grant an absolute discharge to Mr. Cormier’s client, which the Judge followed.
Not all the clients of criminal lawyer Xavier Cormier receive a discharge. See notice.
Not all the clients of criminal lawyer Xavier Cormier receive a discharge. See notice.
A client charged with mischief receives an absolute discharge
A client of criminal lawyer Xavier Cormier had been charged with mischief under $ 5,000 committed on an automobile vehicle (Section 430 (1) a) (4) b) Criminal Code of Canada). A criminal record would have interfered with the career of this client, who was a student. The client made a donation to a charity organization. Mr. Cormier and the Prosecutor suggested the Judge grant the client an absolute discharge, taking into account the donation he made and the interest of the client in receiving a discharge. The Judge agreed to this suggestion and granted the client an absolute discharge.
The clients of defence lawyer Xavier Cormier do not all receive a discharge. See notice.
The clients of defence lawyer Xavier Cormier do not all receive a discharge. See notice.
Tuesday, April 13, 2010
A client charged with theft receives a discharge
A client of criminal lawyer Luc Simard was charged with theft for a value of $500 (section 334 b) ii) Criminal Code of Canada). Mr Simard discussed the case with the Prosecutor. The client made a donation to a charity organisation and pleaded guilty to the charge. Prosecutor and Mr Simard suggested the Judge give him an absolute discharge. The Judge accepted the parties’ suggestion and decided on an absolute discharge.
Not all clients of Cormier Simard law firm receive a discharge. See notice.
Not all clients of Cormier Simard law firm receive a discharge. See notice.
Wednesday, April 7, 2010
A client charged with fraud receives an absolute discharge
A client of criminal lawyer Xavier Cormier was charged with fraud under 5000$ (section 380 Criminal Code of Canada). A criminal record could have resulted in the client losing her job . Mr. Cormier discussed the case with the Prosecutor. The client pleaded guilty to the charge. Given the fact that she made a donation to a benevolent organisation and considering her personal situation, the Prosecutor and Mr Cormier suggested the Judge give her an absolute discharge. The Judge accepted the parties’ suggestion and decided on an absolute discharge.
Not all clients of defence attorney Cormier receive a discharge. See notice.
Not all clients of defence attorney Cormier receive a discharge. See notice.
A client charged with impaired driving and dangerous driving is acquitted
A client of criminal lawyer Luc Simard had been charged with impaired driving (Section 253a) and 255(1) Criminal Code of Canada, refusal to take a breathalizer test or provide a blood sample (Section 254 (5) Criminal Code) and dangerous driving (Section 249 (1) a) (2) b) Criminal Code). Mr. Simard sent the Prosecutor’s Office a request under the Canadian Charter of Rights and Freedoms demanding stay of proceedings because of unreasonable delays in proceedings. The Prosecutor decided to drop the charges against Mr. Simard’s client, who was acquitted of these charges.
Mr. Simard’s clients are not all acquitted of their charges. See notice.
Mr. Simard’s clients are not all acquitted of their charges. See notice.
Wednesday, March 31, 2010
A client charged with shoplifting and conspiracy to commit theft receives an absolute discharge
A client of defence attorney Xavier Cormier was charged with shoplifting for a value of $100 (section 334 Criminal Code of Canada) and conspiracy to commit theft. Mr Cormier explain to his client which measures could be taken that could help her case. Mr. Cormier discussed the case with the Prosecutor. The client pleaded guilty to the charge. Given the fact that she made a donation to a benevolent organisation and the personal measures she took, the Prosecutor and Mr Cormier suggested the Judge give her an absolute discharge. The Judge accepted the parties’ suggestion and decided on an absolute discharge.
Not all clients of criminal lawyer Cormier receive a discharge. See notice.
Not all clients of criminal lawyer Cormier receive a discharge. See notice.
Saturday, March 20, 2010
A client charged with shoplifting receives an absolute discharge
A client of criminal lawyer Xavier Cormier was charged with shoplifting for a value of $ 400. Mr. Cormier discussed the case with the Prosecutor. The client pleaded guilty to the charge. Given the fact that she was a student, the personal measures she took and a donation she made to a charity organization, the Prosecutor and Mr Cormier suggested the Judge give her an absolute discharge. The Judge accepted the parties’ suggestion and decided on an absolute discharge.
Not all clients of criminal lawyer Xavier Cormier receive a discharge. See notice.
Not all clients of criminal lawyer Xavier Cormier receive a discharge. See notice.
Wednesday, March 17, 2010
A client is freed of charges of making harassing phone calls
A client of criminal lawyer Luc Simard was charged with making harassing phone calls (Section 372 (3) Criminal Code of Canada). She pleaded not guilty. Mr. Simard had a number of discussions with the Prosecutor. He provided a follow-up on the case in Court for a little over a year. The charge was finally dropped by the Prosecutor, and the client was freed of the charges against her.
Not all Mr. Simard’s clients are freed of the charges against them. See notice.
Not all Mr. Simard’s clients are freed of the charges against them. See notice.
Thursday, March 11, 2010
The charges of abduction laid against a client are dropped
A client of criminal lawyer Xavier Cormier had been charged with abduction in contravention of a custody order (Section 282 (1) a) Criminal Code of Canada). Mr. Cormier discussed the case with the Crown Prosecutor as well as with the plaintiff. The Prosecutor met with the plaintiff and finally told the Judge he did not have any evidence to submit in this case. The client was freed from the abduction charges laid against her.
Not all the clients of criminal lawyer Xavier Cormier are discharged. See notice.
Not all the clients of criminal lawyer Xavier Cormier are discharged. See notice.
Saturday, March 6, 2010
A client charged with assault, threats and harassment is acquitted
A client of criminal lawyer Luc Simard had been charged with assault (Section 266 Criminal Code of Canada), threats (Section 264.1 Criminal Code) and criminal harassment (Section 264 Criminal Code). This client was a foreigner dwelling outside the country. He pleaded not guilty to his charges.
On the day of the trial, the plaintiff did not appear in Court. Therefore, the Prosecutor asked that the case be postponed to a later date. Mr. Simard objected to this application for a postponement. This case had already been postponed in the past, and it would have been difficult for the client to return to Canada to be tried. The Judge rejected the application for a postponement, and Mr. Simard’s client was acquitted, because of lack of evidence.
Not all clients of criminal lawyer Luc Simard are acquited. See notice.
On the day of the trial, the plaintiff did not appear in Court. Therefore, the Prosecutor asked that the case be postponed to a later date. Mr. Simard objected to this application for a postponement. This case had already been postponed in the past, and it would have been difficult for the client to return to Canada to be tried. The Judge rejected the application for a postponement, and Mr. Simard’s client was acquitted, because of lack of evidence.
Not all clients of criminal lawyer Luc Simard are acquited. See notice.
Saturday, February 27, 2010
A client charged with mischief and threats receives an absolute discharge
A client of criminal lawyer Xavier Cormier was charged with uttering death threats (Section 264.1 (1) a) (2) b) Criminal Code of Canada) and causing damage to a vehicle (Section 430 (1) a) (4) b) Criminal Code). The client pleaded guilty in Court.
The Crown Prosecutor asked the Judge to fine the client. As for Mr. Cormier, he asked the Judge to grant the client an absolution, because the latter needs to travel to the United States for personal and occupational reasons. The Judge granted the client an absolute discharge once the latter made a donation to a charity organization.
Mr. Cormier’s clients do not all receive discharges. See notice.
The Crown Prosecutor asked the Judge to fine the client. As for Mr. Cormier, he asked the Judge to grant the client an absolution, because the latter needs to travel to the United States for personal and occupational reasons. The Judge granted the client an absolute discharge once the latter made a donation to a charity organization.
Mr. Cormier’s clients do not all receive discharges. See notice.
Wednesday, February 17, 2010
Traveling to the United States after having been found guilty of a criminal offence
Some people have to travel to the United States for occupational or personal reasons. Having a criminal record due to a conviction can cause problems at customs when these people try to enter the United States. However, there is a type of sentence that generally makes it possible for individuals found guilty to be able to enter the USA: an absolute discharge.
Criminal lawyer Xavier Cormier was defending a client charged with shoplifting. This client admitted having done the shoplifting. However, she had to go to the United States often for occupational reasons. Therefore, Mr. Cormier negotiated with the Prosecutor so that the latter suggest the Judge give an absolute discharge to the client. The client made a donation to a charity organization, and then pleaded guilty as charged. The Judge agreed to the joint suggestion of the lawyers and granted the client an absolute discharge.
Criminal lawyer Xavier Cormier’s clients do not all receive a discharge. See notice. Entrance in the United States is never guaranteed to anyone, not even people with a discharge.
Criminal lawyer Xavier Cormier was defending a client charged with shoplifting. This client admitted having done the shoplifting. However, she had to go to the United States often for occupational reasons. Therefore, Mr. Cormier negotiated with the Prosecutor so that the latter suggest the Judge give an absolute discharge to the client. The client made a donation to a charity organization, and then pleaded guilty as charged. The Judge agreed to the joint suggestion of the lawyers and granted the client an absolute discharge.
Criminal lawyer Xavier Cormier’s clients do not all receive a discharge. See notice. Entrance in the United States is never guaranteed to anyone, not even people with a discharge.
Wednesday, February 10, 2010
A client is acquitted on charges of uttering death threats
A client of criminal lawyer Luc Simard had been charged with death threats (Section 264.1 (1) a) (2) b) Criminal Code of Canada) in a case of domestic violence. Some meetings were held between the plaintiff and a social worker. Mr Luc Simard met with the prosecutor to discuss the case. Mr. Luc Simard provided a follow-up on the case with the office of the Prosecutor.
The charges were finally withdrawn by the Prosecutor, and the client was acquitted.
Not all clients of Mr. Luc Simard, a criminal lawyer, are acquitted of the charges they face. See notice.
The charges were finally withdrawn by the Prosecutor, and the client was acquitted.
Not all clients of Mr. Luc Simard, a criminal lawyer, are acquitted of the charges they face. See notice.
Violations of laws on income tax and income
The Income Tax Act, the Taxation Act, An Act respecting the ministère du Revenu and other taxation legislation provide for penalties and fines in case of violations of their provisions.
The penal violations provided under this legislation are many, whether they consist in omitting to submit a report, falsifying documents or using certain means of tax evasion. The fines are onerous, and sentences may include imprisonment.
Defence lawyers representing a client charged by the government of avoiding paying taxes shall assess various possible grounds of defence according to their client’s version of the facts, including a reasonable care defence. Negotiating with the Prosecutor is also an important facet of their work.
The criminal lawyers of the Cormier Simard firm represent clients charged with tax evasion. Contact us any time of day on any day of the week to set a meeting time.
The penal violations provided under this legislation are many, whether they consist in omitting to submit a report, falsifying documents or using certain means of tax evasion. The fines are onerous, and sentences may include imprisonment.
Defence lawyers representing a client charged by the government of avoiding paying taxes shall assess various possible grounds of defence according to their client’s version of the facts, including a reasonable care defence. Negotiating with the Prosecutor is also an important facet of their work.
The criminal lawyers of the Cormier Simard firm represent clients charged with tax evasion. Contact us any time of day on any day of the week to set a meeting time.
A client may keep his firearms and his firearm possession permit
Criminal lawyer Xavier Cormier defended a client who risked losing his right to own firearms. The firearms officer had submitted an application for an order prohibiting this person from possessing any firearms by virtue of Section 111 (1) of the Criminal Code of Canada.
The Crown Prosecutor had some witnesses testify and submitted documentary evidence that was meant to prove that it would not be desirable for anyone’s safety that the client should be authorized to have firearms in his possession. Mr. Cormier cross-examined the Prosecutor’s witnesses, and then presented the case for the defence.
The Judge rejected the application for the prohibiting order. The client therefore may recover his seized firearms and keep his firearm possession permit.
Criminal lawyer Cormier’s clients do not all receive decisions in their favour. See notice.
The Crown Prosecutor had some witnesses testify and submitted documentary evidence that was meant to prove that it would not be desirable for anyone’s safety that the client should be authorized to have firearms in his possession. Mr. Cormier cross-examined the Prosecutor’s witnesses, and then presented the case for the defence.
The Judge rejected the application for the prohibiting order. The client therefore may recover his seized firearms and keep his firearm possession permit.
Criminal lawyer Cormier’s clients do not all receive decisions in their favour. See notice.
Tuesday, February 2, 2010
Care or control of a motor vehicle with impaired faculties
The criminal lawyers of the Cormier Simard firm defend individuals charged with care or control of a vehicle while under the influence of alcohol. Care or control of a vehicle while having impaired faculties is an infraction included in the broader impaired driving charge (Section 253 Criminal Code of Canada).
Acts of care or control of a vehicle involve some use of the car or its fittings and equipment, or some course of conduct associated with the vehicle which would involve a risk of putting the vehicle in motion.
Section 258 of the Criminal Code provides that if it is proved that the accused occupied the driver seat, the accused shall be deemed to have had the care or control of the vehicle unless the he establishes that he did not occupy that seat for the purpose of setting the vehicle in motion. An individual may be found guilty even if he did not occupy the seat of the driver.
Judges have had the opportunity of passing judgment on numerous situations in which individuals were charged with care or control, for example: What if the accused was sleeping in the vehicle? What if he was beside the vehicle and not inside it? Is the accused still guilty even if the keys were not in the ignition? And what if the vehicle was not running? Etc.
It is very difficult to determine whether or not a situation constitutes care or control. If you are charged with care or control of a vehicle with impaired faculties, consult a criminal lawyer!
Acts of care or control of a vehicle involve some use of the car or its fittings and equipment, or some course of conduct associated with the vehicle which would involve a risk of putting the vehicle in motion.
Section 258 of the Criminal Code provides that if it is proved that the accused occupied the driver seat, the accused shall be deemed to have had the care or control of the vehicle unless the he establishes that he did not occupy that seat for the purpose of setting the vehicle in motion. An individual may be found guilty even if he did not occupy the seat of the driver.
Judges have had the opportunity of passing judgment on numerous situations in which individuals were charged with care or control, for example: What if the accused was sleeping in the vehicle? What if he was beside the vehicle and not inside it? Is the accused still guilty even if the keys were not in the ignition? And what if the vehicle was not running? Etc.
It is very difficult to determine whether or not a situation constitutes care or control. If you are charged with care or control of a vehicle with impaired faculties, consult a criminal lawyer!
Wednesday, January 27, 2010
A client charged with reckless driving is acquitted
A client of criminal lawyer Xavier Cormier was charged with reckless driving (Section 249 (1) a) (2) b) Criminal Code of Canada). The client pleaded not guilty to the charge and a trial took place. First, the City Prosecutor had a witness testify in order to prove the client was guilty. Mr. Cormier cross-examined this witness and highlighted some weaknesses and contradictions in his testimony. Mr. Cormier then had his client testify and explain his version of the facts to the Court.
The Judge finally gave the benefit of the doubt to Mr. Cormier’s client and acquitted him of the reckless driving charge.
Not all clients of criminal lawyer Xavier Cormier are acquitted of their charges. See notice.
The Judge finally gave the benefit of the doubt to Mr. Cormier’s client and acquitted him of the reckless driving charge.
Not all clients of criminal lawyer Xavier Cormier are acquitted of their charges. See notice.
Thursday, January 14, 2010
A client charged with assault and obstruction of a peace officer is acquitted
A client of criminal lawyer Xavier Cormier was charged with assault against his girlfriend and with obstruction of a peace officer (Section 266 b) Criminal Code of Canada and Section 129 a) e) Criminal Code). Therefore it was partly a conjugal violence-related charge.
Some meetings were held between the plaintiff, a social worker and the prosecutor. The charges were finally dropped by the prosecutor and the client was acquitted.
Not all clients of Mr. Me Cormier, a criminal lawyer, are acquitted of the charges they face. See notice.
Some meetings were held between the plaintiff, a social worker and the prosecutor. The charges were finally dropped by the prosecutor and the client was acquitted.
Not all clients of Mr. Me Cormier, a criminal lawyer, are acquitted of the charges they face. See notice.
Saturday, January 9, 2010
Abduction of a child by either of the parents
Sometimes a criminal lawyer defends a parent charged with abducting his or her own child.
Section 282 of the Criminal Code of Canada provides that abduction of a child under fourteen by the father, the mother or the legal guardian of the child in contravention of a custody order constitutes a criminal offence liable to a maximum sentence of ten years imprisonment. The abduction is proven if the act was committed with the intention of depriving the other parent or the person having legal custody of possession of the child.
Abduction committed by either parent even without contravening a custody order is also an offence (Section 283 of the Criminal Code).
The lawyer defending the parent charged with abduction has to study certain means of defence, namely: Did the other parent consent to the actions committed? Were the actions taken in order to protect the child from an imminent danger or to protect the parent from such danger while the parent charged was in possession of the child? Does the client’s version contradict the version of the plaintiff parent? There are also other possible questions.
The child’s consent to the abduction does not constitute a valid defence.
Any parent charged with having abducted their own child should consult a criminal lawyer as soon as possible.
Section 282 of the Criminal Code of Canada provides that abduction of a child under fourteen by the father, the mother or the legal guardian of the child in contravention of a custody order constitutes a criminal offence liable to a maximum sentence of ten years imprisonment. The abduction is proven if the act was committed with the intention of depriving the other parent or the person having legal custody of possession of the child.
Abduction committed by either parent even without contravening a custody order is also an offence (Section 283 of the Criminal Code).
The lawyer defending the parent charged with abduction has to study certain means of defence, namely: Did the other parent consent to the actions committed? Were the actions taken in order to protect the child from an imminent danger or to protect the parent from such danger while the parent charged was in possession of the child? Does the client’s version contradict the version of the plaintiff parent? There are also other possible questions.
The child’s consent to the abduction does not constitute a valid defence.
Any parent charged with having abducted their own child should consult a criminal lawyer as soon as possible.
Tuesday, January 5, 2010
Firearms
The following are a few of the criminal offences related to firearm possession. There are numerous other criminal offences related to firearms and this text does not cover them all.
Storage
Firearm storage that does not comply with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations constitutes a criminal offence (Section 86 (2) Criminal Code). This offence is liable to a maximum sentence of two years imprisonment for a first offence when prosecuted by summary conviction (Section 86 (3) a) (i) b) Criminal Code).
Storing and hiding firearms with the intention of recovering them shortly later constitutes storage, albeit temporary. The issue of determining whether or not a brief break in use of the firearm constitutes storage should be studied by the criminal lawyer defending the client.
The user’s ignorance of the regulations concerning firearm storage is not a valid defence.
Unauthorized possession
Persons are guilty of unauthorized possession of a firearm if they do not hold the licences and certificates required by the Firearms Act (Section 91 (1) Criminal Code).
No one can plead that they did not know it was required to hold a licence to own a firearm. Persons who wrongly believed they held the valid licences and certificates should mention this fact to their lawyer, who can determine the validity of this defence given the charge.
Unauthorized possession of a firearm is liable to a maximum sentence of five years imprisonment or ten years if the persons knew consciously they did not hold the required licences and certificates (Section 91 (3) Criminal Code, Section 92 (1) (3) a) Criminal Code).
An absolute discharge is one of the many sentences that a Judge can pass for most firearm offences that do not involve a minimum sentence.
Firearm offences are very technical. Any person charged with such an offence should consult a criminal lawyer as soon as possible.
Storage
Firearm storage that does not comply with the Storage, Display, Transportation and Handling of Firearms by Individuals Regulations constitutes a criminal offence (Section 86 (2) Criminal Code). This offence is liable to a maximum sentence of two years imprisonment for a first offence when prosecuted by summary conviction (Section 86 (3) a) (i) b) Criminal Code).
Storing and hiding firearms with the intention of recovering them shortly later constitutes storage, albeit temporary. The issue of determining whether or not a brief break in use of the firearm constitutes storage should be studied by the criminal lawyer defending the client.
The user’s ignorance of the regulations concerning firearm storage is not a valid defence.
Unauthorized possession
Persons are guilty of unauthorized possession of a firearm if they do not hold the licences and certificates required by the Firearms Act (Section 91 (1) Criminal Code).
No one can plead that they did not know it was required to hold a licence to own a firearm. Persons who wrongly believed they held the valid licences and certificates should mention this fact to their lawyer, who can determine the validity of this defence given the charge.
Unauthorized possession of a firearm is liable to a maximum sentence of five years imprisonment or ten years if the persons knew consciously they did not hold the required licences and certificates (Section 91 (3) Criminal Code, Section 92 (1) (3) a) Criminal Code).
An absolute discharge is one of the many sentences that a Judge can pass for most firearm offences that do not involve a minimum sentence.
Firearm offences are very technical. Any person charged with such an offence should consult a criminal lawyer as soon as possible.
Friday, January 1, 2010
Ornella Saravalli, lawyer in criminal and immigration law
While Mrs. Saravalli was in university, her team won the prestigious prize of the best team outside Europe in the René Cassin Human Rights Competition.
Mrs. Saravalli works together with the Cormier Simard law firm occasionally on some cases that require several defence lawyers.
As concerns immigration law, Mrs. Saravalli deals with sponsorship, permanent residence, study permit requests as well as removal orders.
Monday, December 21, 2009
A client is acquitted on charges of uttering threats and using a firearm in a careless manner
A client of Mr.Luc Simard was charged with uttering death threats (Section 264.1 Criminal Code of Canada), using a firearm in a careless manner and storing a firearm in a careless manner (Section 86 (1) Criminal Code). The client pleaded not guilty to all these charges.
During the trial, the Prosecutor examined the witnesses that were meant to establish the guilt of Mr. Simard’s client. Then Mr. Simard cross-examined these witnesses in order to point out the weaknesses in the incriminating evidence. Mr. Simard finally had his client testify, followed by another witness who was the alibi of his client.
The trial ended with the Judge acquitting Mr. Simard’s client on all charges.
This is an example of a case won by criminal lawyer Luc Simard. Some of Mr. Simard’s clients are found guilty of the offenses with which they are charged. Read the notice
.
During the trial, the Prosecutor examined the witnesses that were meant to establish the guilt of Mr. Simard’s client. Then Mr. Simard cross-examined these witnesses in order to point out the weaknesses in the incriminating evidence. Mr. Simard finally had his client testify, followed by another witness who was the alibi of his client.
The trial ended with the Judge acquitting Mr. Simard’s client on all charges.
This is an example of a case won by criminal lawyer Luc Simard. Some of Mr. Simard’s clients are found guilty of the offenses with which they are charged. Read the notice
.
Thursday, December 17, 2009
Charged with shoplifting, a client is granted a discharge
A client of criminal lawyer Luc Simard had been charged with shoplifting (Section 334 of the Criminal Code of Canada). He was a landed immigrant in Canada. A criminal record for shoplifting could have interfered with his career. The client admitted having committed the theft. Mr. Simard discussed the case with the Prosecutor. The client pleaded guilty as charged; then the Judge, on the parties’ suggestion, granted him a conditional discharge, subject to a $ 500 donation and not returning to the store where the crime was committed for 1 year.
The clients of criminal lawyer Simard are not all granted a discharge. See notice.
The clients of criminal lawyer Simard are not all granted a discharge. See notice.
Monday, December 14, 2009
A client charged with driving under the influence avoids going to prison
A client of Xavier Cormier, a criminal lawyer, was charged with driving a vehicle while her driving capacity was impaired by alcohol (Section 253 a) Criminal Code of Canada) and driving a vehicle while her level of alcohol was over 0.08 (Section 253 b) Criminal Code).
This client already had a record for impaired driving. The Prosecutor could therefore demand a minimum compulsory sentence of 30 days imprisonment if the client was found guilty. Mr. Cormier discussed it with the Prosecutor and then the client followed a procedure agreed with the prosecutor. Mr. Cormier’s client pleaded guilty as charged, and the Prosecutor did not demand the minimum prison sentence. The client was required to pay a fine instead.
The clients of Mr. Cormier, a criminal lawyer, cannot all avoid a prison sentence. Every case is different and the sentence may vary from one person to the next.
This client already had a record for impaired driving. The Prosecutor could therefore demand a minimum compulsory sentence of 30 days imprisonment if the client was found guilty. Mr. Cormier discussed it with the Prosecutor and then the client followed a procedure agreed with the prosecutor. Mr. Cormier’s client pleaded guilty as charged, and the Prosecutor did not demand the minimum prison sentence. The client was required to pay a fine instead.
The clients of Mr. Cormier, a criminal lawyer, cannot all avoid a prison sentence. Every case is different and the sentence may vary from one person to the next.
Tuesday, December 8, 2009
Hit and run
A hit and run means you (1) do not stop your vehicle or do not give your name and address when you are involved in an automobile accident or you (2) do not provide assistance to an injured person or a person that seems to need help when you are involved in an automobile accident. The charged person’s omission has to have been carried out with the intention of avoiding their civil or criminal responsibility , according to Section 252 of the Criminal Code of Canada.
A criminal lawyer defending an individual charged with committing a hit and run must ask himself several questions. What evidence is there that the charged person omitted stopping with the intention of avoiding their civil or criminal responsibility? Can the Prosecutor prove who was driving the vehicle at the time of the accident? Was it an accident as defined by jurisprudence? Do the explanations provided by the person charged make up a defense to this charge? There are also other questions.
The maximum sentence in case the person charged is convicted of a hit and run is 5 years imprisonment (Section 252 (1.1) of the Criminal Code) or 6 months in case of a summary prosecution. It is possible to get an absolute dischage as a sentence in case of a conviction. The maximum sentence is 10 years in case of bodily injury (Section 252 (1.2) Criminal Code) and life imprisonment in case of death (Section 252 (1.3) Criminal Code).
A hit and run can also be subject to prosecution under the Highway Safety Code (Sections 166.1 to 179).
It is important to consult a criminal lawyer if you are charged with a hit and run.
A criminal lawyer defending an individual charged with committing a hit and run must ask himself several questions. What evidence is there that the charged person omitted stopping with the intention of avoiding their civil or criminal responsibility? Can the Prosecutor prove who was driving the vehicle at the time of the accident? Was it an accident as defined by jurisprudence? Do the explanations provided by the person charged make up a defense to this charge? There are also other questions.
The maximum sentence in case the person charged is convicted of a hit and run is 5 years imprisonment (Section 252 (1.1) of the Criminal Code) or 6 months in case of a summary prosecution. It is possible to get an absolute dischage as a sentence in case of a conviction. The maximum sentence is 10 years in case of bodily injury (Section 252 (1.2) Criminal Code) and life imprisonment in case of death (Section 252 (1.3) Criminal Code).
A hit and run can also be subject to prosecution under the Highway Safety Code (Sections 166.1 to 179).
It is important to consult a criminal lawyer if you are charged with a hit and run.
Tuesday, December 1, 2009
Death threats
The offence of uttering threats to cause death or inflict bodily injuries is covered by Section 264.1 of the Criminal Code of Canada. This means to express to another person a threat to kill someone or cause them bodily injuries, destroy their property or kill/injure an animal that is their property
It is not essential that the threat be expressed directly to the victim for the crime to be done. Also, it is not necessary that the defendant actually had the intention to carry out the threats for him or her to be found guilty.
The criminal lawyer defending a client charged with uttering threats has to ask himself or herself certain questions: Does the client’s version contradict the plaintiff’s version? Is there any other proof of the threat, apart from the plaintiff’s testimony? Did the words uttered actually make up a threat under the Criminal Code? There are also other relevant questions.
The maximum sentence for uttering threats to kill or cause bodily injury is 18 months emprisonment under summary procedures (Section 264.1 (2) b) Criminal Code) and 5 years for a criminal offence (Section 264.1 (2) a) Criminal Code). An absolute discharge is a possible sentence if certain conditions are present.
Please consult other articles of this site for examples of threat cases defended by a criminal lawyer of our firm.
Any person charged with threats should consult a criminal lawyer as soon as possible.
It is not essential that the threat be expressed directly to the victim for the crime to be done. Also, it is not necessary that the defendant actually had the intention to carry out the threats for him or her to be found guilty.
The criminal lawyer defending a client charged with uttering threats has to ask himself or herself certain questions: Does the client’s version contradict the plaintiff’s version? Is there any other proof of the threat, apart from the plaintiff’s testimony? Did the words uttered actually make up a threat under the Criminal Code? There are also other relevant questions.
The maximum sentence for uttering threats to kill or cause bodily injury is 18 months emprisonment under summary procedures (Section 264.1 (2) b) Criminal Code) and 5 years for a criminal offence (Section 264.1 (2) a) Criminal Code). An absolute discharge is a possible sentence if certain conditions are present.
Please consult other articles of this site for examples of threat cases defended by a criminal lawyer of our firm.
Any person charged with threats should consult a criminal lawyer as soon as possible.
Friday, November 27, 2009
A client charged with fraud and possession of a falsified credit card is acquitted
A client of Mr. Xavier Cormier, Criminal Lawyer,, was charged with fraud (Section 380 (1) b) (ii) Criminal Code of Canada) and possession of a falsified credit card (Section 342 (1) c) f) Criminal Code). Mr. Cormier carefully reviewed the police report as well as the court documents. He found an error concerning the date on which information was laid before the Justice of the Peace. This error made it possible for Mr. Cormier to have the charges dropped, and the client was acquitted.
Not all Mr. Cormier’s clients are acquitted. Read the notice.
Not all Mr. Cormier’s clients are acquitted. Read the notice.
Tuesday, November 24, 2009
A client is acquitted of 13 theft charges
A client of Mr.Xavier Cormier was charged with shoplifting in 13 different stores. She pleaded non-guilty.
After the Prosecutor finished presenting his case before the Judge, Mr. Cormier submitted a motion to acquit. The reason invoked by Mr. Cormier to request an acquittal was the lack of evidence. The Judge acquiesced to Mr. Cormier’s petition and the client was acquitted of all the charges raised against her.
Not all Mr. Cormier’s clients are acquitted of their charges. Many are found guilty. This is an example of a case won by Mr. Cormier and does not represent the outcome of all Mr. Cormier’s cases. Read the notice.
After the Prosecutor finished presenting his case before the Judge, Mr. Cormier submitted a motion to acquit. The reason invoked by Mr. Cormier to request an acquittal was the lack of evidence. The Judge acquiesced to Mr. Cormier’s petition and the client was acquitted of all the charges raised against her.
Not all Mr. Cormier’s clients are acquitted of their charges. Many are found guilty. This is an example of a case won by Mr. Cormier and does not represent the outcome of all Mr. Cormier’s cases. Read the notice.
Monday, November 16, 2009
A client charged with possession of marijuana receives an absolute discharge
A client of Mr.Cormier was charged with simple possession of cannabis(Section 4 (1) (5) of the Controlled Drugs and Substances Act). Mr. Cormier negotiated with the Prosecutor of this case. The client pleaded guilty to the offence and received an absolute discharge after having made a donation of $ 200.
Not all Mr Cormier's client receive a discharge. Read the notice.
Not all Mr Cormier's client receive a discharge. Read the notice.
Wednesday, November 11, 2009
Soliciting for purposes of engaging in prostitution
Many people do not realize this, but the act of prostitution per se is not criminal in Canada. It is rather a set of related activities that are (i.e. running a common bawdy-house – Section 210 of the Criminal Code of Canada -, procuring – Section 212 of the Criminal Code – and other offences).
The offence of soliciting for purposes in engaging in prostitution is provided under Section 213 of the Criminal Code. We are dealing here with a client who solicits the services of a prostitute and not the opposite.
The client shall be found guilty of soliciting for purposes of engaging in prostitution if, in any public place or in any place open to public view, he stops a person or communicates with this person in any manner whatsoever in order to obtain the sexual services of a prostitute.
So what happens when an individual solicits the sexual services of a female police officer disguised as a prostitute? The fact that the person involved was not really a prostitute does not prevent the client from being found guilty. This depends on the way the police sting was organized. The defence lawyer shall carefully examine the way the client entered into contact with the police officer, as well as the words that were exchanged, in order to determine what defence to apply to the case.
Soliciting for purposes of engaging in prostitution is liable to a maximum sentence of 6 months imprisonment. An absolute discharge is a possible sentence in case of a guilty verdict.
Any person charged with soliciting is advised to consult a criminal lawyer immediately.
The offence of soliciting for purposes in engaging in prostitution is provided under Section 213 of the Criminal Code. We are dealing here with a client who solicits the services of a prostitute and not the opposite.
The client shall be found guilty of soliciting for purposes of engaging in prostitution if, in any public place or in any place open to public view, he stops a person or communicates with this person in any manner whatsoever in order to obtain the sexual services of a prostitute.
So what happens when an individual solicits the sexual services of a female police officer disguised as a prostitute? The fact that the person involved was not really a prostitute does not prevent the client from being found guilty. This depends on the way the police sting was organized. The defence lawyer shall carefully examine the way the client entered into contact with the police officer, as well as the words that were exchanged, in order to determine what defence to apply to the case.
Soliciting for purposes of engaging in prostitution is liable to a maximum sentence of 6 months imprisonment. An absolute discharge is a possible sentence in case of a guilty verdict.
Any person charged with soliciting is advised to consult a criminal lawyer immediately.
Friday, October 30, 2009
A client charged with driving under the influence of alcohol is acquitted
A client of criminal lawyer Xavier Cormier was charged with driving his vehicle with impaired faculties (Section 253 Criminal Code of Canada). Mr Cormier decided to take the case to trial, since the police report did not contain sufficient evidence of alkoholemia. On the day of the trial, Mr. Cormier discussed the case with the Prosecutor. The latter dropped the charges because of lack of evidence, and Mr. Cormier’s client was acquitted.
The clients of criminal lawyer Xavier Cormier are not all acquitted. See notice.
The clients of criminal lawyer Xavier Cormier are not all acquitted. See notice.
Tuesday, October 27, 2009
Plea bargaining
Plea bargaining is a common practice in Quebec penal judicial system.
Here is an exemple of plea bargaining:
A client of Xavier Cormier was charged with assault causing bodily harm (Section 267b) Criminal Code of Canada), assault with a weapon (Section 267b) Criminal Code), mischief exceeding $ 5,000 (Section 430(1)a)(3)a) Criminal Code) and possession of a weapon for the purpose of committing an offence (Section 88(2)a) Criminal Code). During the preliminary hearing, Mr. Cormier cross-examined the victims of the offence and pointed out weaknesses in their testimony regarding identification of the client.
Mr. Cormier then negotiated with the prosecutor. She agreed to withdraw all charges except for one. The client pleaded guilty to the charge of mischief under $ 5,000. Mr. Cormier pleaded with the judge so that the client could receive a discharge conditional on carrying out 80 hours of community work, which she agreed to.
The clients of Mr. Cormier, criminal lawyer, are not all acquitted and do not all receive discharges. Read the notice.
Here is an exemple of plea bargaining:
A client of Xavier Cormier was charged with assault causing bodily harm (Section 267b) Criminal Code of Canada), assault with a weapon (Section 267b) Criminal Code), mischief exceeding $ 5,000 (Section 430(1)a)(3)a) Criminal Code) and possession of a weapon for the purpose of committing an offence (Section 88(2)a) Criminal Code). During the preliminary hearing, Mr. Cormier cross-examined the victims of the offence and pointed out weaknesses in their testimony regarding identification of the client.
Mr. Cormier then negotiated with the prosecutor. She agreed to withdraw all charges except for one. The client pleaded guilty to the charge of mischief under $ 5,000. Mr. Cormier pleaded with the judge so that the client could receive a discharge conditional on carrying out 80 hours of community work, which she agreed to.
The clients of Mr. Cormier, criminal lawyer, are not all acquitted and do not all receive discharges. Read the notice.
Thursday, October 15, 2009
A client charged with domestic violence is acquitted, and a client charged with shoplifting receives a discharge
A client of Mr.Xavier Cormier had been charged with assault (Section 266 b) Criminal Code), death threats (Section 264.1 (1) a) (2) b) Criminal Code) and harassing telephone calls (Section 372(3) Criminal Code) in a case of domestic violence. Mr. Cormier gave the client counsel concerning respect for court commitments and procedures to follow. Mr.Cormier provided a follow-up on the case with the office of the Prosecutor. The charges were finally withdrawn by the Prosecutor, and the client was acquitted.
A client of Mr.Cormier had been charged with shoplifting. Mr.Cormier undertook negotiations with the Prosecutor. The client pleaded guilty to shoplifting, and received a discharge conditional upon a reimbursement of $ 200 to the store for damages caused at the time of the theft.
The clients of Mr. Cormier, criminal lawyer, are not all acquitted and do not all receive a discharge. Read the notice.
A client of Mr.Cormier had been charged with shoplifting. Mr.Cormier undertook negotiations with the Prosecutor. The client pleaded guilty to shoplifting, and received a discharge conditional upon a reimbursement of $ 200 to the store for damages caused at the time of the theft.
The clients of Mr. Cormier, criminal lawyer, are not all acquitted and do not all receive a discharge. Read the notice.
Sunday, September 27, 2009
Shoplifting: how long do procedures last?
The length of procedures for charges of shoplifting in the Montreal Muncipal Court can vary. The following are some of the steps individuals charged with shoplifting have to go through:
1) The police gives or mails the person a document summoning them to fingerprinting and a Court date. Fingerprinting and the appearance in Court should take place no later than a few weeks following arrest for shoplifting.
2) After first appearing in Court, if the defendant pleaded not guilty, the case can last from two months to approximately one year. This depends on the choices made by the defendant and their lawyer: there may be an alternative case settlement (participation in a community program and plea bargaining, etc.) or they may choose a trial to challenge the charge.
3) Remember there are several strategic reasons involved in deciding to plead guilty or not guilty when first appearing in Court. Just because the defendant admits having committed the shoplifting offence does not mean he necessarily has to plead guilty on the Court date. A good strategy can have an important impact on the sentence in case of a conviction verdict.
For further information, consult the link for shoplifting, or contact criminal lawyer Xavier Cormier for a free appointment.
1) The police gives or mails the person a document summoning them to fingerprinting and a Court date. Fingerprinting and the appearance in Court should take place no later than a few weeks following arrest for shoplifting.
2) After first appearing in Court, if the defendant pleaded not guilty, the case can last from two months to approximately one year. This depends on the choices made by the defendant and their lawyer: there may be an alternative case settlement (participation in a community program and plea bargaining, etc.) or they may choose a trial to challenge the charge.
3) Remember there are several strategic reasons involved in deciding to plead guilty or not guilty when first appearing in Court. Just because the defendant admits having committed the shoplifting offence does not mean he necessarily has to plead guilty on the Court date. A good strategy can have an important impact on the sentence in case of a conviction verdict.
For further information, consult the link for shoplifting, or contact criminal lawyer Xavier Cormier for a free appointment.
Friday, September 11, 2009
A client is acquitted on fraud charges and receives a discharge for charges of falsified credit card possession
A client of Mr. Xavier Cormier was charged on two accounts of fraud (Section 380, 463 d) ii) and 465 (1) (d) Criminal Code of Canada) and one account of falsified credit card possession (Section 342 (1) c) ii) f) Criminal Code). The evidence concerning fraud was not conclusive. However, the client admitted he was guilty of possession of a falsified card. Mr. Cormier undertook negotiations with the Prosecutor. The latter agreed to drop the fraud charges, and the client was acquitted on these charges. The client acknowledged his guilt on the account of possession of a falsified card, but was granted a discharge subject to a donation at the time of sentencing.
Mr. Cormier’s clients are not all acquitted and are not always granted a discharge. Read the notice.
Mr. Cormier’s clients are not all acquitted and are not always granted a discharge. Read the notice.
Wednesday, September 9, 2009
Mischief
Mr. Xavier Cormier is a lawyer who defends clients charged with mischief.
A person commits the offence of mischief when he or she wilfully destroys or damages property, renders property dangerous, useless, inoperative or ineffective or obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property. The acts that constitute the offence of mischief are described under Section 430 of the Criminal Code of Canada. The person charged with mischief must have voluntarily committed the forbidden action or have been guilty of wilful blindness regarding the consequences of the action.
Mischief is liable to a maximum sentence of 10 years imprisonment when the property is worth over $5,000 or a maximum imprisonment of 2 years if the property is worth less than $5,000 (Section 430 (3) (a) and Section 430 (4) (a) Criminal Code). The maximum sentence is 6 months when charges are laid summarily (Section 430 (3) (b) and 430 (4) (b) Criminal Code). An absolute discharge is one of the sentences a judge can impose in case of conviction for mischief.
A lawyer defending a person charged with mischief has to ask certain questions: Is there proof beyond any reasonable doubt that it is the client who committed the act of mischief? Is the client’s version infirmative? If the client made an incriminating statement to the police, is it admissible as evidence? If the evidence is conclusive, is it possible to reach an alternative solution (for ex. a peace bond)?
Any person charged with mischief should consult a criminal lawyer as soon as possible.
A person commits the offence of mischief when he or she wilfully destroys or damages property, renders property dangerous, useless, inoperative or ineffective or obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property. The acts that constitute the offence of mischief are described under Section 430 of the Criminal Code of Canada. The person charged with mischief must have voluntarily committed the forbidden action or have been guilty of wilful blindness regarding the consequences of the action.
Mischief is liable to a maximum sentence of 10 years imprisonment when the property is worth over $5,000 or a maximum imprisonment of 2 years if the property is worth less than $5,000 (Section 430 (3) (a) and Section 430 (4) (a) Criminal Code). The maximum sentence is 6 months when charges are laid summarily (Section 430 (3) (b) and 430 (4) (b) Criminal Code). An absolute discharge is one of the sentences a judge can impose in case of conviction for mischief.
A lawyer defending a person charged with mischief has to ask certain questions: Is there proof beyond any reasonable doubt that it is the client who committed the act of mischief? Is the client’s version infirmative? If the client made an incriminating statement to the police, is it admissible as evidence? If the evidence is conclusive, is it possible to reach an alternative solution (for ex. a peace bond)?
Any person charged with mischief should consult a criminal lawyer as soon as possible.
Wednesday, July 29, 2009
Criminal Harassment
Xavier Cormier, a criminal defense lawyer, defends clients charged with criminal harassment and harassing phone calls.
Criminal harassment is a criminal offence provided under Section 264 of the Criminal Code of Canada. The essential elements of criminal harassment are as follows: repeatedly following from place to place the other person or anyone known to them; repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or engaging in threatening conduct directed at the other person or any member of their family. The actions must have the effect of making the victim reasonably fear for his or her physical, psychological or emotional safety. Sometimes all it takes is one gesture to make it possible to conclude there was criminal harassment. Criminal harassment is liable to a maximum sentence of 6 months imprisonment or a fine of $ 2,000 when prosecuted summarily (Section 264(3)(b) Criminal Code) and five years in prison when considered an indictable offence (Section 264 (3)(a) Criminal Code). Criminal harassment often occurs in a context of domestic violence. An absolute discharge is a possible sentence if certain conditions are present. A peace bond is an alternative way to settle the case that is sometimes used by lawyers in cases of criminal harassment when certain conditions are present.
The offence of harassing telephone calls is provided under Section 372(3) of the Criminal Code. The offence is described as follows: Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction. The crime of harassing phone calls is liable to a maximum sentence of 6 months imprisonment or a $ 2,000 fine.
A lawyer responsible for defending clients charged with these offences has to ask certain questions, for instance: what evidence is there that the client carried out the acts he is charged with, did the actions make the plaintiff reasonably fear for her safety (as regards the offence of criminal harassment), what were the client’s intentions when he carried out the alleged actions?
Any person charged with criminal harassment or harassing phone calls is highly recommended to consult a criminal defense lawyer.
Criminal harassment is a criminal offence provided under Section 264 of the Criminal Code of Canada. The essential elements of criminal harassment are as follows: repeatedly following from place to place the other person or anyone known to them; repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or engaging in threatening conduct directed at the other person or any member of their family. The actions must have the effect of making the victim reasonably fear for his or her physical, psychological or emotional safety. Sometimes all it takes is one gesture to make it possible to conclude there was criminal harassment. Criminal harassment is liable to a maximum sentence of 6 months imprisonment or a fine of $ 2,000 when prosecuted summarily (Section 264(3)(b) Criminal Code) and five years in prison when considered an indictable offence (Section 264 (3)(a) Criminal Code). Criminal harassment often occurs in a context of domestic violence. An absolute discharge is a possible sentence if certain conditions are present. A peace bond is an alternative way to settle the case that is sometimes used by lawyers in cases of criminal harassment when certain conditions are present.
The offence of harassing telephone calls is provided under Section 372(3) of the Criminal Code. The offence is described as follows: Every one who, without lawful excuse and with intent to harass any person, makes or causes to be made repeated telephone calls to that person is guilty of an offence punishable on summary conviction. The crime of harassing phone calls is liable to a maximum sentence of 6 months imprisonment or a $ 2,000 fine.
A lawyer responsible for defending clients charged with these offences has to ask certain questions, for instance: what evidence is there that the client carried out the acts he is charged with, did the actions make the plaintiff reasonably fear for her safety (as regards the offence of criminal harassment), what were the client’s intentions when he carried out the alleged actions?
Any person charged with criminal harassment or harassing phone calls is highly recommended to consult a criminal defense lawyer.
Wednesday, July 22, 2009
Stores claiming money from individuals arrested for shoplifting
Clients charged with shoplifting may face another problem than criminal justice: sometimes they receive from the merchant a claim for damages requiring them to pay a sum of money. The amount claimed by the merchant from the alleged offender responsible for shoplifting generally varies between $ 300 and $ 500. Stores justify this claim because of the fees related to hiring security guards to prevent shoplifting.
Should the person charged with shoplifting pay this amount of money? Remember that paying into such a claim can be interpreted as an admission of guilt by the person charged with shoplifting. Contact Mr.Xavier Cormier, a criminal lawyer, for further information on the way to respond to this situation.
Should the person charged with shoplifting pay this amount of money? Remember that paying into such a claim can be interpreted as an admission of guilt by the person charged with shoplifting. Contact Mr.Xavier Cormier, a criminal lawyer, for further information on the way to respond to this situation.
Reckless Driving
The definition of a reckless driving offence is provided under Section 249 of the Criminal Code of Canada. In cases involving a motor vehicle, the offence means driving in a manner that is dangerous for the public, given circumstances, including the nature and state of the location, the use of the vehicle as well as the intensity of traffic at the time or reasonably foreseeable in the location.
Reckless driving is liable to a maximum sentence of 5 years imprisonment or 6 months, if prosecution is done summarily. Reckless driving causing bodily harm is liable to a maximum sentence of 10 years of imprisonment, while reckless driving causing death is liable to a maximum sentence of 14 years in prison (Section 249 of the Criminal Code).
A criminal lawyer defending an individual charged with these offences evaluates several aspects, for instance: Does the evidence properly identify the driver of the vehicle? Do the facts reported actually make up reckless driving according to the Criminal Code? Was it mere civil negligence or reasonable driving under the circumstances? Did the driver commit an error due to distractability and if so, was the threshold of criminal liability reached? Does the client’s version of the story contradict the prosecutor’s evidence?
Open the other bulletins of this web site to read about examples of reckless driving cases defended by Cormier Simard law firm.
An individual charged with reckless driving should consult a criminal defense lawyer as soon as possible.
Reckless driving is liable to a maximum sentence of 5 years imprisonment or 6 months, if prosecution is done summarily. Reckless driving causing bodily harm is liable to a maximum sentence of 10 years of imprisonment, while reckless driving causing death is liable to a maximum sentence of 14 years in prison (Section 249 of the Criminal Code).
A criminal lawyer defending an individual charged with these offences evaluates several aspects, for instance: Does the evidence properly identify the driver of the vehicle? Do the facts reported actually make up reckless driving according to the Criminal Code? Was it mere civil negligence or reasonable driving under the circumstances? Did the driver commit an error due to distractability and if so, was the threshold of criminal liability reached? Does the client’s version of the story contradict the prosecutor’s evidence?
Open the other bulletins of this web site to read about examples of reckless driving cases defended by Cormier Simard law firm.
An individual charged with reckless driving should consult a criminal defense lawyer as soon as possible.
Child pornography
Criminal lawyers defend clients charged with child pornography crimes (possession, distribution, production of and access to child pornography.
Child pornography crimes are covered by Section 163.1 of the Criminal Code of Canada, and all involve a minimum prison sentence. The definition of what is child pornography is also found under Section 163.1 of the Criminal Code.
What are the possible defenses to charges of child pornography? The criminal defense lawyer has to assess, among other things, the following aspects: the age of the person appearing in the child pornography material; the reasonable belief of the defendant as to the age of this person; the existence of a legitimate purpose in terms of the administration of justice, that is for science, medicine, education or the arts; the issue of determining whether or not the material is in fact child pornography and the issue of knowing whether or not the actions create an undue risk for persons under eighteen years old. The lawyer also has to ensure whether or not seizure of the material was done while respecting the rights provided by the Canadian Charter of Rights and Freedoms.
These are technical issues that must be assessed by a lawyer. It is highly recommended that anyone charged with a child pornography offence consult a criminal lawyer.
Child pornography crimes are covered by Section 163.1 of the Criminal Code of Canada, and all involve a minimum prison sentence. The definition of what is child pornography is also found under Section 163.1 of the Criminal Code.
What are the possible defenses to charges of child pornography? The criminal defense lawyer has to assess, among other things, the following aspects: the age of the person appearing in the child pornography material; the reasonable belief of the defendant as to the age of this person; the existence of a legitimate purpose in terms of the administration of justice, that is for science, medicine, education or the arts; the issue of determining whether or not the material is in fact child pornography and the issue of knowing whether or not the actions create an undue risk for persons under eighteen years old. The lawyer also has to ensure whether or not seizure of the material was done while respecting the rights provided by the Canadian Charter of Rights and Freedoms.
These are technical issues that must be assessed by a lawyer. It is highly recommended that anyone charged with a child pornography offence consult a criminal lawyer.
A client of Mr. Cormier is acquitted on charges of uttering death threats
A client of Mr. Cormier, a criminal defense lawyer, had been charged by a lady of uttering threats to inflict death or bodily harm on her contrary to Section 264.1 of the Criminal Code of Canada. A criminal record could interfere with carrying out certain projects. Mr.Cormier contacted the prosecutor and offered to settle the case by means of a peace bond. After checking certain things, the prosecutor accepted Mr. Cormier’s proposal. The client concluded a peace bond, and the charges were dropped.
The clients of Mr. Cormier are not all acquitted of their charges. Read the notice.
The clients of Mr. Cormier are not all acquitted of their charges. Read the notice.
Therapy and its impact on the sentence imposed on a sex offender
It may happen that a client charged with a sexual offence, such as sexual assault, sexual contact or possession of child pornography, acknowledges having committed the actions for which he is charged. A criminal lawyer can discuss with his client about the possibility of undergoing a therapy program, such as the one provided by the Centre de consultation sexologique intégrée. Participation in a therapy is a factor that the Court will take into account when the sentence is passed. Certain centres provide the service of writing assessment reports that can be submitted to the Court before the sentence is passed.
It is highly recommended that any individual charged with a sexual offence consult a criminal lawyer as soon as possibe, before making any decision whatsoever regarding the case.
It is highly recommended that any individual charged with a sexual offence consult a criminal lawyer as soon as possibe, before making any decision whatsoever regarding the case.
Immigration and criminality: the impact of a criminal record for foreigners or permanent residents
Certain clients of Xavier Cormier, a criminal defense lawyer, are foreign citizens. Some of them are permanent residents waiting for their Canadian citizenship, while others are foreign students or refugee claimants.
What are the consequences of a criminal conviction for these people? What would be the impact of a criminal record on their residence permit or their citizenship application?
This issue, which relates both to criminal and immigration law, is partly resolved in Section 36 of the Immigration and Refugee Protection Act. A conviction can sometimes entail an order for removal of the delinquent foreigner: this mainly depends on the nature of the offence, the sentence imposed and the specific status of the foreigner (resident, recognized refugee, foreigner having a residence permit, etc.). A conviction may also slow down the application of the foreigner.
In some situations, especially if the client is found guilty, it may be timely for the criminal defense lawyer to apply for the granting of a conditional or absolute discharge from the judge, in order to avoid a removal order or slowing down procedures.
Any foreign person charged with committing a criminal offence is highly encouraged to consult a criminal defense lawyer and to share their specific situation with him. This person should also inform their immigration lawyer of the situation.
What are the consequences of a criminal conviction for these people? What would be the impact of a criminal record on their residence permit or their citizenship application?
This issue, which relates both to criminal and immigration law, is partly resolved in Section 36 of the Immigration and Refugee Protection Act. A conviction can sometimes entail an order for removal of the delinquent foreigner: this mainly depends on the nature of the offence, the sentence imposed and the specific status of the foreigner (resident, recognized refugee, foreigner having a residence permit, etc.). A conviction may also slow down the application of the foreigner.
In some situations, especially if the client is found guilty, it may be timely for the criminal defense lawyer to apply for the granting of a conditional or absolute discharge from the judge, in order to avoid a removal order or slowing down procedures.
Any foreign person charged with committing a criminal offence is highly encouraged to consult a criminal defense lawyer and to share their specific situation with him. This person should also inform their immigration lawyer of the situation.
A client of Mr. Simard is acquitted on charges of indecent act
Mr.Simard, a lawyer and colleague of Mr. Cormier, was defending a client charged with indecent act. Indecent act is an offence covered by Section 173 of the Criminal Code of Canada and is liable of a maximum sentence of 6 months imprisonment. On the day set for the trial, the prosecutor undertook discussions with Mr. Simard, because certain factors in her evidence were not available. Mr. Simard shared with her his arguments for defense. These arguments involved the client’s lack of specific criminal intentions. The prosecutor decided to drop the complaint and the client was acquitted.
A person charged with an indecent action should consult a criminal defense lawyer, even if he does not think he has a good defense.
The clients of Mr. Cormier and Mr. Simard are not all acquitted of their charges. Read the notice.
A person charged with an indecent action should consult a criminal defense lawyer, even if he does not think he has a good defense.
The clients of Mr. Cormier and Mr. Simard are not all acquitted of their charges. Read the notice.
Tuesday, July 21, 2009
The alkoholemia expert in cases of driving under the influence
Criminal defense lawyers can resort to expert chemists / experts in alkoholemia when defending clients charged with driving under the influence.
What is the purpose of an expert in alkoholemia?
When the criminal lawyer meets his client, he asks him to provide him with his scenario of alcohol consumption during the hours prior to committing the alleged offence. The expert in alkoholemia can use several variables to calculate how much was the level of alcohol in the client’s blood at the time of the offence and at the time when the client was tested at the police station. If certain criteria regarding evidence are met, these calculations can be used to prove that the level of alcohol in the client’s blood was less than the maximum tolerated level. Only a careful review of the evidence can determine whether or not the expert is required when the defendant wishes to defend himself against charges of having exceeded the tolerated limit of alcohol in his blood and having alcohol-induced impaired faculties.
Persons charged with driving under the influence should consult a criminal lawyer. A criminal lawyer can determine whether or not you should resort to the services of an expert in alkoholemia.
What is the purpose of an expert in alkoholemia?
When the criminal lawyer meets his client, he asks him to provide him with his scenario of alcohol consumption during the hours prior to committing the alleged offence. The expert in alkoholemia can use several variables to calculate how much was the level of alcohol in the client’s blood at the time of the offence and at the time when the client was tested at the police station. If certain criteria regarding evidence are met, these calculations can be used to prove that the level of alcohol in the client’s blood was less than the maximum tolerated level. Only a careful review of the evidence can determine whether or not the expert is required when the defendant wishes to defend himself against charges of having exceeded the tolerated limit of alcohol in his blood and having alcohol-induced impaired faculties.
Persons charged with driving under the influence should consult a criminal lawyer. A criminal lawyer can determine whether or not you should resort to the services of an expert in alkoholemia.
Domestic violence
Xavier Cormier, a lawyer, represents clients charged with domestic violence.
There is no offence called “domestic violence” per se provided in the Criminal Code. Cases of domestic violence are in fact various charges, such as assault, forcible confinement, threats, stalking, dangerous driving or others, in which there is or was a conjugal or sentimental type of relationship between the plaintiff and the defendant.
The specific character of these cases means they can be dealt with differently during proceedings. A court room can be specially dedicated to these cases, the plaintiffs can be encouraged to meet with a social worker, and the relationship between the parties can have an impact on the outcome of these cases. For example, some cases of domestic violence can be resolved by a peace bond being imposed when certain conditions are present. On the other hand, ill treatment of one’s spouse is an aggravating factor provided in the Criminal Code that will be taken into account when determining the sentence, if the defendant is convicted.
A person charged in a case of conjugal violence should consult a criminal lawyer as soon as possible.
Consult the other bulletins in this web site to read about examples of domestic violence cases defended by Mr. Cormier, a Montreal criminal defense lawyer.
There is no offence called “domestic violence” per se provided in the Criminal Code. Cases of domestic violence are in fact various charges, such as assault, forcible confinement, threats, stalking, dangerous driving or others, in which there is or was a conjugal or sentimental type of relationship between the plaintiff and the defendant.
The specific character of these cases means they can be dealt with differently during proceedings. A court room can be specially dedicated to these cases, the plaintiffs can be encouraged to meet with a social worker, and the relationship between the parties can have an impact on the outcome of these cases. For example, some cases of domestic violence can be resolved by a peace bond being imposed when certain conditions are present. On the other hand, ill treatment of one’s spouse is an aggravating factor provided in the Criminal Code that will be taken into account when determining the sentence, if the defendant is convicted.
A person charged in a case of conjugal violence should consult a criminal lawyer as soon as possible.
Consult the other bulletins in this web site to read about examples of domestic violence cases defended by Mr. Cormier, a Montreal criminal defense lawyer.
Production, possession of and trafficking narcotics and drugs
Mr. Xavier Cormier, a lawyer, defends individuals charged with production, possession of and trafficking drugs and narcotics.
The terms “drugs” and “narcotics” are synonymous in nature. The offences of producing, possessing and trafficking narcotics are distinct because of their subject-matter and the sentences related to them. Many forbidden substances are mentioned in the Controlled Drugs and Substances Act apart from the most widely known drugs such as marijuana (cannabis) or cocaine. The defense responding to narcotics charges can deal with various elements, for instance: is there evidence that the defendant really intended to traffick the drug or was it meant only for his personal use? Were there sufficient reasons supporting the search warrant? Was it justified for the police to hold and search the suspect? Is there sufficient evidence of the control practised by the defendant on the narcotics to prove he possessed the substances?
Narcotics defenses are very technical. It is highly recommended that an individual charged with a narcotics crime resort to the services of a criminal defense lawyer.
Consult the bulletins of this web site to read about examples of recent narcotics cases defended by Mr. Cormier, a Montreal criminal lawyer.
The terms “drugs” and “narcotics” are synonymous in nature. The offences of producing, possessing and trafficking narcotics are distinct because of their subject-matter and the sentences related to them. Many forbidden substances are mentioned in the Controlled Drugs and Substances Act apart from the most widely known drugs such as marijuana (cannabis) or cocaine. The defense responding to narcotics charges can deal with various elements, for instance: is there evidence that the defendant really intended to traffick the drug or was it meant only for his personal use? Were there sufficient reasons supporting the search warrant? Was it justified for the police to hold and search the suspect? Is there sufficient evidence of the control practised by the defendant on the narcotics to prove he possessed the substances?
Narcotics defenses are very technical. It is highly recommended that an individual charged with a narcotics crime resort to the services of a criminal defense lawyer.
Consult the bulletins of this web site to read about examples of recent narcotics cases defended by Mr. Cormier, a Montreal criminal lawyer.
Monday, July 20, 2009
A client of Mr. Cormier is acquitted on charges of assault
A client of Mr. Xavier Cormier, a criminal lawyer, was charged with domestic violence by his spouse. The Crown therefore laid charges of assault against him. An order forbade the client from then on to show up at his residence or to contact his spouse in any way.
Mr.Cormier undertook discussions with the prosecutor. The plaintiff was seen by a social worker. As of the second hearing in Court, the order was amended so that the client could once again contact his spouse and return to his residence. Mr.Cormier pursued discussions with the prosecutor. The complaint was finally dropped, the client was acquitted, on the sole condition that he agree to a peace bond for a year.
It is important for any individual charged with an offence in a case of conjugal violence to consult a criminal defense lawyer.
Not all clients of Mr. Cormier are acquitted of their charges. Read the notice.
Mr.Cormier undertook discussions with the prosecutor. The plaintiff was seen by a social worker. As of the second hearing in Court, the order was amended so that the client could once again contact his spouse and return to his residence. Mr.Cormier pursued discussions with the prosecutor. The complaint was finally dropped, the client was acquitted, on the sole condition that he agree to a peace bond for a year.
It is important for any individual charged with an offence in a case of conjugal violence to consult a criminal defense lawyer.
Not all clients of Mr. Cormier are acquitted of their charges. Read the notice.
Driving under the influence of alcohol (DUI)
Xavier Cormier, a lawyer, defends clients charged with driving under the influence (DUI) (See Section 253 of the Criminal Code of Canada, 253(a), 253(b) and the following). The main offences of impaired driving are: driving a vehicle with impaired faculties, driving a vehicle with a rate of alcohol beyond 80 milligrams of alcohol per 100 millilitres of blood, and care or control of a vehicle with impaired faculties or with a rate of alcohol over the tolerated limit.
The lawyer in charge of defending a person charged with driving under the influence has to assess several factors while preparing the defense. For example, were the rights of the defendant under the Charter of Rights and Freedoms respected? Were the required breathalizer procedures respected? Were the client’s faculties impaired by alcohol? What was the client’s alcohol consumption scenario during the hours preceding the arrest? What were the symptoms of alkoholemia that the police could observe?
Offences of driving under the influence entail a minimum sentence. An absolute discharge or a conditional discharge are not a possible sentence in cases of driving under the influence in Quebec.
Open the other bulletins of this web site to read about examples of DUI cases defended by Cormier Simard law firm.
We recommend that individuals charged with driving under the influence of alcohol resort to the services of a criminal defense lawyer as soon as possible.
The lawyer in charge of defending a person charged with driving under the influence has to assess several factors while preparing the defense. For example, were the rights of the defendant under the Charter of Rights and Freedoms respected? Were the required breathalizer procedures respected? Were the client’s faculties impaired by alcohol? What was the client’s alcohol consumption scenario during the hours preceding the arrest? What were the symptoms of alkoholemia that the police could observe?
Offences of driving under the influence entail a minimum sentence. An absolute discharge or a conditional discharge are not a possible sentence in cases of driving under the influence in Quebec.
Open the other bulletins of this web site to read about examples of DUI cases defended by Cormier Simard law firm.
We recommend that individuals charged with driving under the influence of alcohol resort to the services of a criminal defense lawyer as soon as possible.
The prosecution’s obligation to disclose evidence
A person charged with committing a criminal offence has the right to know the evidence held by the Crown. This applies to all criminal charges, for example assault, shoplifting, sexual assault, impaired driving, etc. Therefore the Crown shall have to make known to the defendant a copy of the witnesses’ statements, as well as an account of the physical evidence it has in its possession. This applies as much to the evidence adduced in support as to the evidence that tends to exonerate the defendant.
The obligation to disclose the evidence is fundamental and violation of it can even entail termination of the proceedings undertaken against the defendant. Nevertheless, there are some exceptions to this obligation, for example when some evidence is protected under specific rules of confidentiality.
Contact Xavier Cormier, a Montreal criminal lawyer, if you are charged with committing a criminal offence.
The obligation to disclose the evidence is fundamental and violation of it can even entail termination of the proceedings undertaken against the defendant. Nevertheless, there are some exceptions to this obligation, for example when some evidence is protected under specific rules of confidentiality.
Contact Xavier Cormier, a Montreal criminal lawyer, if you are charged with committing a criminal offence.
Sunday, July 19, 2009
Shoplifting
Mr. Xavier Cormier, a criminal lawer, defends clients charged with shoplifting. Shoplifting is theft as defined by Sections 322 and 334 of the Criminal Code of Canada, and can incur a sentence going as far as imprisonment. It is possible to defend oneself against a shoplifting charge in certain situations. The evidence adduced in support may be insufficient or the police’s gathering of evidence may be tainted with violations of the Charter. It must also be determined whether or not the defendant had the required criminal intention to be convicted of shoplifting. Some persons convicted of shoplifting may also receive an absolute discharge when the sentence is passed if certain conditions are present.
There are some resources available for persons charged with shoplifting. These programs provides counselling services to women charged with shoplifting, specifically. Shoplifting is one of the most common offences of female criminality.
Open the other bulletins of this web site to read about examples of shoplifting cases defended by Mr. Cormier, a Montreal criminal defense lawyer.
Each case of shoplifting is unique and may or may not lend itself to a specific defense depending on the case.
There are some resources available for persons charged with shoplifting. These programs provides counselling services to women charged with shoplifting, specifically. Shoplifting is one of the most common offences of female criminality.
Open the other bulletins of this web site to read about examples of shoplifting cases defended by Mr. Cormier, a Montreal criminal defense lawyer.
Each case of shoplifting is unique and may or may not lend itself to a specific defense depending on the case.
Can the state of health of a defendant have an impact on the sentence passed by the Court?
Answer: yes it can.
The principle of individualization of the sentence means the Court can take into account the illness of an individual convicted of an offence when the time comes to impose a sentence.
In a recent judgment by the Quebec Court, an individual was convicted of a series of charges related to driving a vehicle while his faculties were impaired. This individual had similar records going back over ten years. He had been sentenced to two years for his last conviction in a case of driving under the influence. Taking into account among other things the fact that the defendant was in the terminal stage of cancer, the judge sentenced him to the minimum sentence of 90 days of imprisonment, which was equal to a five month sentence, if you added his custody pending trial.
A criminal defense lawyer is aware of the principles of determining the sentence recognized by the Criminal Code and jurisprudence.
The principle of individualization of the sentence means the Court can take into account the illness of an individual convicted of an offence when the time comes to impose a sentence.
In a recent judgment by the Quebec Court, an individual was convicted of a series of charges related to driving a vehicle while his faculties were impaired. This individual had similar records going back over ten years. He had been sentenced to two years for his last conviction in a case of driving under the influence. Taking into account among other things the fact that the defendant was in the terminal stage of cancer, the judge sentenced him to the minimum sentence of 90 days of imprisonment, which was equal to a five month sentence, if you added his custody pending trial.
A criminal defense lawyer is aware of the principles of determining the sentence recognized by the Criminal Code and jurisprudence.
A client of Mr. Cormier is acquitted of charges of assault and forcible confinement
A client of Mr. Xavier Cormier had been charged with assault and forcible confinement against the person of his spouse. The charges were laid under Sections 266 and 279 (2) of the Criminal Code of Canada. It was a case of domestic violence. The client did not admit having committed the actions with which he was charged. When the case came back to Court, the plaintiff met a social worker in order to discuss the case, while Mr. Cormier spoke to the prosecutor.
The charges laid against the client of Mr. Cormier, a criminal defense lawyer, were dropped and the client was set free.
A criminal lawyer can greatly help a person charged in a case of conjugal violence.
Not all Mr. Cormier’s clients are acquitted of their charges. Read the notice.
The charges laid against the client of Mr. Cormier, a criminal defense lawyer, were dropped and the client was set free.
A criminal lawyer can greatly help a person charged in a case of conjugal violence.
Not all Mr. Cormier’s clients are acquitted of their charges. Read the notice.
Care and control of a vehicle with one’s faculties impaired by alcohol or a drug: jurisprudence
In the Mallery case, the Court of Appeal of New Brunswick expressed the opinion that danger is an essential element in the offence of care and control.
The defendant had left the headlights of his vehicle turned on while he was drinking alcohol in a bar. He returned to his vehicle and started the engine to check if the batteries were dead. He got out of his vehicle and was immediately arrested by the police because he had consumed alcohol. It is forbidden under Section 254 of the Criminal Code of Canada to have care or control of a vehicle while one’s ability to drive is impaired by alcohol or a drug.
The Court of Appeal acquitted Mr. Mallery, because they considered his behaviour did not involve a risk of going anywhere with the vehicle.
Note that the Quebec Court of Appeal passed contrary judgments. The issue will perhaps be settled by the Supreme Court.
A criminal lawyer can defend you if you are charged with driving or having care and control of a vehicle with impaired faculties.
The defendant had left the headlights of his vehicle turned on while he was drinking alcohol in a bar. He returned to his vehicle and started the engine to check if the batteries were dead. He got out of his vehicle and was immediately arrested by the police because he had consumed alcohol. It is forbidden under Section 254 of the Criminal Code of Canada to have care or control of a vehicle while one’s ability to drive is impaired by alcohol or a drug.
The Court of Appeal acquitted Mr. Mallery, because they considered his behaviour did not involve a risk of going anywhere with the vehicle.
Note that the Quebec Court of Appeal passed contrary judgments. The issue will perhaps be settled by the Supreme Court.
A criminal lawyer can defend you if you are charged with driving or having care and control of a vehicle with impaired faculties.
A client of Xavier Cormier is acquitted on charges of possession of a prohibited weapon
A client of Mr.Xavier Cormier was charge with possession of brass knuckles. Brass knuckles are a prohibited weapon, possession of which is forbidden under Section 91 of the Criminal Code of Canada. Mr. Cormier’s client lived in another province. He had been summoned to appear in Court in Montreal at a date that was soon, and it would have been very difficult for him to appear at the scheduled date.
Mr.Cormier did some legal research, he noticed the seized weapon did not have all the essential characteristics of brass knuckles.
Mr.Cormier contacted the investigator in the case to share his observations with him as well as the fact that it would be difficult for the client to appear at the scheduled date in order to have his fingerprints taken. Mr.Cormier also contacted the prosecutor’s office. The charges against Mr. Cormier’s client were dropped. The client will not even have to appear in Court or have his fingerprints taken in this case.
A criminal defense lawyer is aware of the relevant legislative provisions that apply to charges of possession of prohibited weapons. Not all Mr. Cormier’s clients are acquitted of their charges. Read the notice.
Mr.Cormier did some legal research, he noticed the seized weapon did not have all the essential characteristics of brass knuckles.
Mr.Cormier contacted the investigator in the case to share his observations with him as well as the fact that it would be difficult for the client to appear at the scheduled date in order to have his fingerprints taken. Mr.Cormier also contacted the prosecutor’s office. The charges against Mr. Cormier’s client were dropped. The client will not even have to appear in Court or have his fingerprints taken in this case.
A criminal defense lawyer is aware of the relevant legislative provisions that apply to charges of possession of prohibited weapons. Not all Mr. Cormier’s clients are acquitted of their charges. Read the notice.
Friday, July 17, 2009
Is it a criminal offence to encourage someone to commit a crime, if this crime is finally not committed?
One judgment of the Superior Court says it is.
The defendant had asked a work colleague to bring another colleague to a specific place, so that he could kill the person. The colleague went to the place where they were supposed to meet, but didn’t bring along with her the person who was supposed to get killed by the defendant. It appears from the facts that the defendant did not encourage his colleague to kill the victim herself, but only to bring this person to a given place where he could commit the murder himself. Besides, the victim was finally never killed. Of course, the defendant was found guilty of attempted murder. But was he also guilty of the offence of encouraging his work colleague to help him kill the victim? According to the Superior Court, to encourage a person to help commit a crime, even though this crime is not committed, is an offence covered by Section 464 of the Criminal Code of Canada.
A criminal defense lawyer has the required knowledge to determine whether or not a charge corresponds to a crime and to select the appropriate defense, if necessary.
The defendant had asked a work colleague to bring another colleague to a specific place, so that he could kill the person. The colleague went to the place where they were supposed to meet, but didn’t bring along with her the person who was supposed to get killed by the defendant. It appears from the facts that the defendant did not encourage his colleague to kill the victim herself, but only to bring this person to a given place where he could commit the murder himself. Besides, the victim was finally never killed. Of course, the defendant was found guilty of attempted murder. But was he also guilty of the offence of encouraging his work colleague to help him kill the victim? According to the Superior Court, to encourage a person to help commit a crime, even though this crime is not committed, is an offence covered by Section 464 of the Criminal Code of Canada.
A criminal defense lawyer has the required knowledge to determine whether or not a charge corresponds to a crime and to select the appropriate defense, if necessary.
An arrest warrant issued against the client of Mr. Xavier Cormier is cancelled by the judge
A defendant did not appear in Municipal Court on the day of his trial. He was charged with armed assault on a person. Because he was absent from court, the judge issued an arrest warrant against him.
The defendant hired Mr. Xavier Cormier, a criminal defense lawyer, in order to find a solution to this problem. Mr.Cormier appeared before a judge along with his client in order to explain the reasons why the client had not appeared in court. The warrant was cancelled by the judge, and a new trial date was set.
Every citizen has the duty to respect the orders of the Court. Not to do so makes up a criminal offence. However, if a citizen violated such an order, he may have a justification to provide to the Court. It is important to share this justification with one’s lawyer, so that he may ask the Court to cancel the warrant, if required.
The defendant hired Mr. Xavier Cormier, a criminal defense lawyer, in order to find a solution to this problem. Mr.Cormier appeared before a judge along with his client in order to explain the reasons why the client had not appeared in court. The warrant was cancelled by the judge, and a new trial date was set.
Every citizen has the duty to respect the orders of the Court. Not to do so makes up a criminal offence. However, if a citizen violated such an order, he may have a justification to provide to the Court. It is important to share this justification with one’s lawyer, so that he may ask the Court to cancel the warrant, if required.
A client charged with theft is granted an absolute discharge
One client of Mr.Xavier Cormier was charged with committing a theft. A criminal record was to be avoided because of various personal and professional reasons.
Mr. Cormier undertook negotiations with the prosecutor. The client pleaded guilty. Then he made presentations before the judge. An absolute discharge was then granted by the judge to Mr. Cormier’s client, once she made a donation to a charity organization.
See another similar case of theft recently defended by Mr. Cormier, a criminal defense lawyer.
Certain clients of Mr. Cormier are sentenced to a stricter penalty than an absolute discharge. Read the notice.
Mr. Cormier undertook negotiations with the prosecutor. The client pleaded guilty. Then he made presentations before the judge. An absolute discharge was then granted by the judge to Mr. Cormier’s client, once she made a donation to a charity organization.
See another similar case of theft recently defended by Mr. Cormier, a criminal defense lawyer.
Certain clients of Mr. Cormier are sentenced to a stricter penalty than an absolute discharge. Read the notice.
Right to silence
Post coming soon. Please contact Xavier Cormier for information on Right to silence
Thursday, July 16, 2009
Recognizance to keep the peace for a sexual violation
Section 810.1 of the Criminal Code of Canada provides that a judge may pass an order imposing certain conditions on a person lest that person commits a sexual offence (for example, sexual assault or sexual contact) against a person of less than 16 years old.
This procedure, which is related to a peace bond or recognizance to keep the peace, is used sometimes as a tool by a criminal defense lawyer in order to negotiate dropping the charges. This is only possible in rare occasions, when certain conditions are all present. As an example, see the case of sexual offence recently defended by Mr. Xavier Cormier.
This procedure, which is related to a peace bond or recognizance to keep the peace, is used sometimes as a tool by a criminal defense lawyer in order to negotiate dropping the charges. This is only possible in rare occasions, when certain conditions are all present. As an example, see the case of sexual offence recently defended by Mr. Xavier Cormier.
A client charged with theft receives an absolute discharge
One client of Mr.Xavier Cormier was charged with shoplifting. The client is a foreigner awaiting a decision from the immigration authorities in view of acquiring Canadian citizenship. The client admitted having committed the theft (guilty plea).
Mr. Cormier, a criminal defense lawyer, negotiated with the prosecutor and then defended the case before the judge. After making a donation, the client benefited from an absolute discharge.
Mr. Cormier’s clients do not always receive an absolute discharge. Read the notice.
Mr. Cormier, a criminal defense lawyer, negotiated with the prosecutor and then defended the case before the judge. After making a donation, the client benefited from an absolute discharge.
Mr. Cormier’s clients do not always receive an absolute discharge. Read the notice.
A client is acquitted on a charge of uttering death threats or threats of causing bodily injury
A client of Mr. Cormier, a criminal defense lawyer, was charged with uttering death threats to a work colleague. The charge was based on Section 264.1 of the Criminal Code. During the trial, the plaintiff testified before the judge and repeated the threats of which he claimed to be a victim. Mr.Cormier counter-examined the plaintiff, in order to draw attention to the contradictions in his testimony and the factors influencing his credibility. Then Mr. Cormier’s client testified and stated that he had never uttered these threats. Mr. Cormier produced as evidence photographs of the location where the incident had taken place.
Mr. Cormier’s client was acquitted at the end of the trial.
In cases of threats, when there is a contradiction in the evidence, judgment is often passed on the basis of the witnesses’ credibility and the value of extrinsic evidence that corroborates the facts or not. Each case is unique and may lend itself to a different defense according to the situation. Read the notice.
Mr. Cormier’s client was acquitted at the end of the trial.
In cases of threats, when there is a contradiction in the evidence, judgment is often passed on the basis of the witnesses’ credibility and the value of extrinsic evidence that corroborates the facts or not. Each case is unique and may lend itself to a different defense according to the situation. Read the notice.
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