Criminal Lawyer | Montreal | Quebec

Shoplifting

2010-08-26T11:11:00.000-07:00

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 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.

Assault

2010-07-23T17:20:00.000-07:00

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 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.

Fraud

2010-07-04T22:00:00.000-07:00

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

2010-06-24T08:18:00.000-07:00

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

2010-06-18T10:27:00.000-07:00

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

2010-06-11T10:26:00.000-07:00

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

2010-06-01T10:54:00.000-07:00

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

2010-05-29T15:05:00.000-07:00

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

2010-05-17T13:38:00.000-07:00

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

2010-04-27T15:35:00.000-07:00

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

2010-04-22T13:14:00.000-07:00

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

2010-04-14T20:13:00.000-07:00

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

2010-04-14T20:08:00.000-07:00

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

2010-04-13T15:37:00.000-07:00

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

2010-04-07T12:59:00.000-07:00

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

2010-04-07T12:01:00.000-07:00

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

2010-03-31T14:23:00.000-07:00

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.