Montreal Criminal Defense Lawyer

Criminal Lawyers at Cormier Simard deal with cases in the districts of Montreal, Laval, Longueuil and the surroundings.

Mr.Cormier is a former Crown Prosecutor who acquired experience in criminal law in the Quebec Court, the Superior Court of Quebec, the Appeal Court of Quebec as well as municipal courts. He acted as a legal consultant for the United Nations and practised within two international penal tribunals: the International Tribunal for Rwanda and the Special Court for Sierra Leone. As a criminal defense lawyer, Mr.Cormier’s strategy is often to find flaws in the accused’s charges and to expose them while defending his clients.

Mr. Luc Simard began his law career as a prosecutor for the City of Montreal. Then he joined the firm of one of the greatest criminal lawyers in Montreal, where he practised criminal law in complex cases, such as fraud for several hundred thousand dollars, sexual aggression, drug, violence and numerous other cases. Finally, he joined Mr. Xavier Cormier to found the Cormier Simard law firm. Because of his experience, Mr. Simard is the supervisor for our firm concerning sexual crime cases.

Are you charged with committing a criminal offence? It is indispensable that you resort as soon as possible to the services of a criminal defense lawyer / criminal lawyer who knows the ins and outs of the legal system, in order to have your rights respected and benefit from the best possible defense.

What can a criminal defense lawyer do for you? A lawyer practising criminal defense, also known as a criminal lawyer, can represent you at every step of court proceedings, can provide you with essential legal advice and mainly, defend your case during the trial. A criminal defense lawyer knows the regulations governing evidence especially as they apply to criminal law and is experienced in examining and cross-examining witnesses.

A criminal lawyer practising exclusively criminal law can defend you in cases of driving while under the influence, theft, fraud, drugs, sexual assault, assault, mischief, firearms, and many other violations of criminal law.

Read other items in this blog about criminal cases defended by our criminal defense lawyers, especially cases of attempted murder, possession of narcotics, death threats or threats to cause grievous bodily harm, sexual assault, shoplifting, assault, fraud and possession of a prohibited weapon. You will also find information on other topics related to the work of the criminal defense lawyer and criminal affairs, such as absolute discharge, peace bonds, the right to silence, arrest warrants and dejudicializing.

A client charged with care and control of a vehicle while having impaired faculties is acquitted

Criminal lawyer Xavier Cormier represented a client charged with drunken driving. This client was charged with care and control of his vehicle while his faculties were impaired by alcohol and care and control of the vehicle with a level of alcohol that exceeded legal limits. He had spent the night in his vehicle, sleeping in a sleeping bag. Mr. Cormier argued there was no risk that the vehicle could be started or put into motion. The Prosecutor accepted Mr. Cormier’s argument and withdrew the charges. Therefore, the client was acquitted. Not all clients of criminal lawyer Xavier Cormier are acquitted. See notice.

A client charged with careless storage of firearms and possession of a restricted weapon is acquitted

The Cormier Simard criminal law firm was representing a client charged with careless storage of firearms and possession of a restricted weapon (Sections 86 & 91 of the Canadian Criminal Code). While analyzing the police report, Mr. Cormier found weaknesses in the evidence, namely the client’s lack of control on the firearms. The case was called to trial twice. Mr. Cormier finally convinced the Prosecutor to withdraw all the charges, and the client was acquitted.

Not all Mr. Cormier’s clients are acquitted. See notice.

Two clients charged with violations of the Immigration Act receive absolute discharges

The Cormier Simard criminal law firm was representing two clients charged with attempting to enter Canada fraudulently in contravention of the Immigration and Refugee Protection Act (Sections 18, 124 and 131 of the Act). Mr. Cormier discussed with the Prosecutor and explained his clients’ situation. The latter had to avoid having criminal records in order to be able to enter Canada once again. The Judge agreed to the lawyers’ suggestion and granted the clients an absolute discharge.

Not all Mr. Cormier’s clients receive discharges. See notice.

Indecent Acts

An indecent act is an offence under Section 173 of the Canadian Criminal Code. An indecent act is inappropriate behaviour that is not necessarily sexual, but that exceeds the threshold of social tolerance.

Persons are guilty of an indecent act if they wilfully commit an indecent act in a public place in the presence of one or several persons or if they commit such an act in any place with the intention of insulting or offending someone.

An indecent act is punishable on summary conviction under the Criminal Code; it is therefore a criminal offence. It is not a mere dismeanour without consequence.

Visit our bulletins to find examples of cases of indecent acts pleaded by a criminal lawyer from our firm.

You are strongly advised to call a lawyer if you charged with this offence.

A client charged with using a counterfeit document receives an absolute discharge

A client represented by criminal lawyer Xavier Cormier had been charged with using a counterfeit document (Section 368 Criminal Code of Canada). Her status in Canada and her occupation were such that a criminal record would have caused her disproportionate harm. Mr. Cormier discussed the case with the Prosecutor. During the suggestions over sentencing, the lawyers asked the Judge to grant her an absolution, which the Judge accepted.

Not all clients of Mr. Xavier Cormier receive absolutions. See notice.

A client charged with sexual assault and sexual contact gets acquitted.

Lawyer Luc Simard was defending a client charged with sexual assault and sexual contact (Section 151 a) Criminal Code). A minimum sentence of imprisonment would have automatically been imposed on the defendant if he had been found guilty. The procedures in this case, which lasted approximately two years, included appearance before the Judge, the pro formas, the preliminary inquiry and then the trial. During the trial, two witnesses were heard for the prosecution. As defence lawyer, Mr. Simard brought forward two witnesses also. What was at the core of this case was the credibility of both the defendant and the plaintiff. Both of them were providing contradictory versions of what happened on the evening of the event.
After hearing the witnesses, Mr. Simard as well as the lawyer for the prosecution, the Judge acquitted the client because of the reasonable doubt that remained in his mind.

Not all Mr. Luc Simard’s clients are acquitted. See notice.

A client charged with public mischief is granted an absolute discharge

A client of Mr. Xavier Cormier was charged with committing public mischief (Section 140 (1) c) (2) (a) Criminal Code of Canada). She had to avoid having a criminal record, especially because of her travels to the United States and her job. The client pleaded guilty to the public mischief charges. A lawyer working with Mr. Cormier asked the Judge to grant the client an absolute discharge, but the Prosecutor did not agree with her. The Judge agreed with the lawyer’s suggestion and granted the client an absolute discharge.

Not all Mr. Cormier’s clients are granted a discharge. See notice.

A client is acquitted on charges of sexual assault and gross indecency

A client of criminal lawyer Luc Simard was charged with sexual assault, sexual assault with an accomplice and gross indecency. The charges concerned actions that would have been committed over a few years.

Mr. Simard discussed the case with the Prosecutor. She and Mr. Simard had many discussions and extensive negotiations. The Crown Prosecutor finally withdrew all the charges laid against Mr. Simard’s client, who was therefore acquitted. The co-defendant pleaded guilty to some of the charges.

Not all criminal lawyer Luc Simard’s clients are acquitted. See notice.

A client is acquitted on charges of sexual assault and sexual touching

A client of criminal lawyer Luc Simard was charged with sexual assault (Section 271 (1) a) Criminal Code of Canada), of sexual interference with a child (Section 151 Criminal Code) and invitation to sexual touching (Section 152 Criminal Code). During the trial, the Prosecutor had his witnesses testify. Mr. Simard then cross-examined these witnesses in order to point out certain contradictions between their testimonies during the trial and the statements they made previously. Finally, the accused and two other witnesses testified for the defence. Mr. Simard tabled certain documents supporting his client’s statements.

After analyzing all the evidence, the Judge acquitted Mr. Simard’s client on all his charges.

Not all Mr. Simard’s clients are acquitted. See notice.

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.

A client is acquitted of possession of various drugs

Mr. Luc Simard, a criminal lawyer, was representing a client in Court, who was charged with possession of amphetamine, methamphetamine and cannabis (Section 4 Controlled Drugs and Substances Act) and with driving with impaired faculties (Section 253 Criminal Code).

Mr. Simard discussed certain specifics about the evidence with the Prosecutor. The client pleaded guilty to drunken driving; the drug charges were withdrawn and the client was acquitted of these.

Not all Mr. Simard’s clients are acquitted. See notice.

A client charged with cannabis possession is acquitted

A client of criminal lawyer Xavier Cormier was charged with simple possession of a small quantity of cannabis (Section 4 of the Controlled Drugs and Substances Act). Mr. Cormier contacted the Prosecutor to discuss finding a solution. Mr. Cormier’s client made a donation to a charity organization, and the Prosecutor dropped the charges. Therefore, the client was acquitted.

Not all clients of lawyer Xavier Cormier are acquitted. See notice.

A client charged with theft over $ 1,000 is acquitted

Criminal defense lawyer Luc Simard defended a client charged with having stolen a sum of money over $ 1,000 (Section 334 Canadian Criminal Code). The charges had been laid against him several years beforehand. Mr. Simard began discussions with the Prosecutor. The client reimbursed the victim for the sum of money, and the charges were dropped by the Prosecutor. Therefore, the client was acquitted of the charges.

Not all Mr. Simard’s clients are acquitted. See notice.

Assault charges laid against a client are withdrawn

A client of criminal lawyer Xavier Cormier had been arrested by the police following a 911 call made by his spouse. There were charges laid for assault (Section 266 Canadian Criminal Code) with conjugal violence. The police had the client sign a promise to appear in Court, as well as an order not to contact his spouse. Mr. Cormier contacted the Office of the Prosecutor to discuss the case. He provided the prosecuting lawyer with some relevant information, and the Prosecutor decided to cancel the charge even before the first Court appearance. The client did not have to get fingerprinted by the police.

Charges laid against the clients of Mr. Cormier are not always withdrawn. See notice.

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.

A client charged with assault with a weapon against a police officer receives a discharge

Charges of assault with a weapon against a police officer (Section 270.01 Criminal Code of Canada) were laid against a client of criminal lawyer Xavier Cormier. After analyzing the evidence, Mr.Cormier met with the Prosecutor to discuss the case. The client had to avoid having a criminal record because of her career. The client of Mr. Cormier pleaded guilty to charges of assault with a weapon. The lawyers suggested the Judge give the client a discharge with a one year probation as long as she made a donation to a charity organization. The Judge agreed with this suggestion and granted a discharge.

Some clients of defence lawyer Xavier Cormier receive a stricter penalty than an absolution. See notice.

A client charged with shoplifting receives an absolute discharge

Criminal lawyer Xavier Cormier was defending a client charged with shoplifting for a value exceeding $ 800 (Section 334 Criminal Code of Canada). Given her professional status, her age and the fact that she did not have a criminal record, Mr.Cormier negotiated with the Prosecutor so that his client could benefit from a discharge. The client made a donation to a charity organization and then pleaded guilty. The Judge agreed to the lawyers’ solution and granted Mr. Cormier’s client an absolute discharge.

Some clients are given a stricter penalty than a discharge. See notice.

A client is acquitted on charges of assault with a weapon and uttering threats

Criminal lawyer Xavier Cormier was defending a client who was charged with having committed assault with a weapon (Section 267 a) Criminal Code of Canada) and having uttered threats (Section 264.1 (1)a) (2)b) Criminal Code) against her spouse. Therefore the charges concerned conjugal violence.

Following her arrest, the police forbade the client from contacting her spouse or other members of his family. Mr. Cormier brought the case to Court quickly, in order to remove this order. He met with the Prosecutor, while the plaintiffs met a social worker. The last time the case appeared in Court, the Prosecutor stated she had no evidence to submit, and so Mr. Cormier’s client was acquitted.

Not all Mr. Cormier’s clients are acquitted. See notice.

A client charged with driving under the influence of alcohol is acquitted

A client of criminal lawyer Luc Simard had been charged with driving a vehicle under the influence of alcohol (Section 253 a) Criminal Code of Canada). Mr. Simard read the evidence and information. He found an error in the drafting of the criminal information by the prosecution. The Prosecutor eventually dropped the charges of drunken driving, and Mr. Simard’s client was acquitted.

Not all clients of criminal lawyer Luc Simard are acquitted. See notice.

Is sleeping in your vehicle while drunk the same thing as driving under the influence?

This is an issue often debated by criminal lawyers: is a client having found shelter in his vehicle to spend the night, while he was in a state of drunkenness, guilty of an offence of care or control of a vehicle with impaired faculties? The answer is often yes.

However, it does happen that people charged with this are acquitted by the Judge in this type of situation.

This is what happened in a recent judgment of the Quebec Court (R. v. Farcy Q.C., 2010-07-06). The woman charged was coming back from a bar and could not enter her boyfriend’s residence, because he was violent. So she lay down on the driver’s seat after having started the engine and turned on the emergency brake, and then fell asleep. She was then arrested by the police and charged with an offence similar to drunken driving: care or control of a vehicule while impaired. The Judge acquitted her, because he believed there was no realistic risk that she should start the vehicle, given the specific circumstances.

Any person charged with driving under the influence should consult a criminal lawyer as soon as possible.

Prohibited Weapons

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.

A client is acquitted on a charge of stealing gas

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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!

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.

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.

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.

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.

Ornella Saravalli, lawyer in criminal and immigration law

Mrs. Ornella Saravalli is a lawyer in criminal, penal as well as immigration law. She practices in various courts in Quebec, municipal courts and also Youth Court.

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.

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
.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.