Montreal Criminal Lawyer | Quebec

Montreal Criminal Defense Lawyer

2012-04-30T14:48:00.000-07:00

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

2012-04-30T14:47:00.000-07:00

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

2012-01-11T13:38:00.000-08:00

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

2011-11-21T11:02:00.000-08:00

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

2011-11-02T13:20:00.000-07:00

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

2011-10-12T14:16:00.000-07:00

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.

2011-08-27T09:23:00.000-07:00

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

2011-01-24T17:07:00.000-08:00

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

2010-12-16T06:40:00.000-08:00

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

2010-12-10T09:50:00.000-08:00

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

2010-12-04T18:12:00.000-08:00

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

2010-12-04T15:12:00.000-08:00

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

2010-11-04T18:18:00.000-07:00

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

2010-10-07T11:01:00.000-07:00

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

2010-09-30T14:57:00.000-07:00

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

2010-09-23T12:29:00.000-07:00

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

2010-09-23T09:28:00.000-07:00

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

2010-08-26T08:10:00.000-07:00

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

2010-08-23T15:13:00.000-07:00

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

2010-08-13T18:58:00.000-07:00

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?

2010-08-05T09:30:00.000-07:00

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

2010-07-25T13:25:00.000-07:00

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

2010-07-23T14:19:00.000-07:00

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

2010-07-12T17:57:00.000-07:00

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

2010-07-12T14:56:00.000-07:00

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.