What Does It Mean To Be Charged With Sexual Assault?

November 14, 2017

Sexual assault is a serious crime. However, the type of conduct that it covers is wide-ranging and can sometimes be confusing. If you or someone you know has been charged with sexual assault, is it important to understand what the charge entails so that you can effectively work with a criminal defence lawyer to address the charges.

If you or someone you know has been charged with sexual assault in Toronto, the best course of action is to hire an experienced sexual assault lawyer. A sexual assault charge can have extremely serious consequences on your life and an experienced criminal lawyer can help you achieve the best outcome.

What is sexual assault?

Sexual assault is any form of assault that interferes with another person’s sexual integrity. This is not limited to rape or non-consensual sexual intercourse but can also include non-consensual fondling, touching, or even just kissing.

Section 265, 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 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

The assault will constitute a sexual assault if the assault interferes with the alleged victim’s sexual integrity. This applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.

The Criminal Code also codifies other specific sexual offences crimes such as sexual exploitation, invitation for sexual touching, child pornography, voyeurism, etc. If you are charged with sexual assault, it is possible to also be charged with additional sexual crimes depending on the circumstance.

What to do After Being Charged

The first thing you should do if you or someone you know has been charged with sexual assault is to consult with an experienced criminal lawyer. Beyond this, you should also:

Gather and preserve any evidence relevant to the charge (i.e. clothing, photos, videos, and objects).

Make note of all the places that you were at so that efforts can be made to preserve whatever videorecorded evidence may exist. Many public and private places now have independent security camera systems which preserve videorecordings for limited periods of time. Time is of the essence if all of this evidence is to be obtained before it is lost forever.

Gather and preserve any documents or records that could be relevant to the case, such as social media messages on Facebook, Instagram, etc., any text messages, emails, letters, cards, etc. which may show communications sent before or after the alleged incident, and any credit card receipts, etc. which may show when and where you were at the time of the incident. Especially if the accused believes they were not with the alleged victim or at the scene of the incident, records that show your location such as GPS records, phone, or computer records are important.

Curate a list of possible witnesses, meaning a list of everyone that you think may have relevant information about the case, and obtain their contact information.

Be prepared to share all of this information with the lawyer.

What Not to do When Charged with Sexual Assault

There are a few common errors people accused of sexual assault make simply because they are not aware of the consequences to their case. If you or someone you know has been charged with sexual assault:

DO NOT try to speak or communicate in any manner, either directly or through a third party, with the alleged victim.

DO NOT speak to police without a lawyer present.

DO NOT ask for or agree to non-mandatory testing or give any evidence to police without first consulting with a lawyer.

If you or a loved one has been charged with sexual assault, you need the help of an affordable defense lawyer in Toronto. Our experienced attorneys at Erickson Law can help you understand your charges and decide on the best course of action.

The Consequences of Being Charged with Multiple DUIs

September 29, 2017

Driving under the influence of alcohol and/or drugs is a serious offence and a major contributor to fatal car crashes in Toronto and throughout Canada. Being charged with one DUI offence can lead to significant legal ramifications but being charged and convicted for multiple DUIs will have even more serious consequences.

Although the penalties for a first-time offender are serious, they are much more serious for those who have been convicted two or more times. As such, an experienced DUI lawyer is necessary in obtaining the best possible result for not only those who have been charged for the first time but also those with multiple DUIs on their record. With over 20 years of experience, contact Erickson Law today for expert legal defence for DUI arrests.

Keep reading for more information on the consequences of being charged with multiple drinking and driving charges.

Ignition Interlock Device In Your Vehicle

The ignition interlock device is an in-car alcohol breath screening device mounted on the steering column that works by analyzing the driver’s breath samples to determine the level of alcohol within the body. If the amount exceeds the preset limit of 20 mg of alcohol per 100 millilitres of blood (or “0.02”), then the ignition will not start. Throughout the duration of the drive, the device will prompt the driver at random times to provide further breath samples to ensure that the limit is not exceeded.

Serving A Jail Sentence

Although first-time offenders usually do not receive jail sentences, second- and third-time offenders do. The Criminal Code (section 255) provides that first-time offender receives a fine of not less than $1,000. For second-time offenders, it provides that they receive a mandatory minimum sentence of 30 days in jail. For those who have been convicted three or more times, it provides that they receive a mandatory minimum sentence of 120 days in jail.

Suspension of Your Driver’s License

The Criminal Code (section 259) provides for driving prohibition orders for those convicted of DUI offences. For first-time offenders, it is between one and three years. For second-time offenders, it is between two to five years. For those convicted three or more times, the mandatory driving prohibition order is from three years to life.

Ontario’s Highway Traffic Act also provides for driver licences to be suspended.

Why Do I Need a DUI Lawyer?

The repercussions of having one or more drinking and driving convictions are severe and can greatly affect your life. This is why it is essential to hire an experienced DUI lawyer to handle your case. Drinking and driving charges are highly technical and complicated so they are best handled by a criminal defence lawyer who has the experience and skills to defend them. A criminal defence lawyer who specializes in DUI cases will know how to achieve the best result.

Need a DUI lawyer in Toronto right now? Erickson Law has been successfully defending DUI charges for years. Contact us at (416) 363-3612.

The Dangers of Drunk Driving & Prevention Tips

August 14, 2017

So many people make the mistake of thinking, “What’s the harm?” or “I feel sober enough” when making the decision to drive while under the influence of alcohol or a drug. Even if you make it home safely and no one gets hurt, you are still making the wrong decision when you decide to drink and drive. You may have gotten lucky this time but may not be so lucky the next time and chances are, if you took the risk this time, there will likely be “next time”. When you make the decision to get into your vehicle after you’ve had a few drinks, you are not only putting your life at risk but also the lives of many others.

If you get caught drinking and driving, your best option is to find an affordable criminal defense lawyer in Toronto. A driving under the influence charge (DUI) can have serious repercussions on your life, and an experienced criminal defense lawyer can help get you the best results, and in some cases even have your charge dismissed.

Poor Decision Making

More than just lowering your inhibitions and giving you the courage to get up on stage to sing karaoke, alcohol affects your mental faculties. Alcohol can change your judgment, delay your reaction times, affect your depth perception, your ability to concentrate, your coordination and diminish your vital motor skills that are needed for you to drive safely and be aware of your surroundings.

Alcohol consumption (even just one drink for some) can significantly affect your ability to drive. Although you may think you’re driving normally, between the lines and straight, it’s more likely than not that you are not because one of your first faculties to be affected is your judgment.

If you get stopped by the police, you’ll be charged with a DUI; if you don’t get stopped by the police, there is a chance that you could get into an accident that may cost you your life or someone else’s.

The Legal Repercussions of Drink and Driving

In Canada, driving while intoxicated is taken very seriously. There is zero tolerance and all violators will be arrested and charged accordingly. When a police officer pulls you over for suspicious driving and they smell a strong odor of alcohol, or you exhibit other signs that you have consumed alcohol or a drug, you will be asked to exit your car and move to the side of the road where you will undergo field sobriety testing and/or breath testing.

If you fail to demonstrate the proper motor skills or judgment to safely operate a motor vehicle during these field tests or if you fail the breath test, you will be arrested and charged with driving while under the influence. The officer will then demand that you provide further breath tests and transported to the station. In Canada, the legal limit for BAC is 80 mg of alcohol per 100 milliliters of blood so if you’re BAC is above 80, you will be charged with “Over 80”.

A first conviction will result in a minimum mandatory fine of $1,000 and a driving prohibition of at least 1 to 3 years. A second conviction will result in a minimum mandatory sentence of 30 days in jail and a driving prohibition of at least 2 to 5 years. A third or more conviction will result in a minimum mandatory sentence of at least 120 days in jail and a driving prohibition of at least 3 years to life. If someone is hurt or killed, the penalties are even more severe.

Tips to Prevent Drinking and Driving

Drinking and driving can always be prevented. The easiest way is to plan ahead. This can include assigning a sober designated driver, using a taxi or ridesharing service, or making arrangements to stay somewhere overnight.

If you are faced with a situation where someone who is impaired is trying to drive, here are some tips on how to stop them:

– Be as non-confrontational as possible. When people are drunk, they are not themselves and may lash out at you. Try to stay calm and explain that you don’t want them to drive because you care and you don’t want them to hurt themselves or others.
– Again, suggest other ways of getting home, such as a taxi or Uber, a sober driver, the bus, etc.
– Talk slowly and explain things more fully than if you were speaking to a sober person.
– Suggest that they sleep over and go home once they’ve sobered up in the morning.
– Get another person to help back you up. It’s harder to say “no” to more people.
– If you can, take the person’s key – they can’t drive without those.

If you have been charged with drinking and driving, you need an affordable criminal defense lawyer in Toronto. Give Erickson Law a call at (416) 363-3612. We’re available 24/7.

The Difference Between Over 80 and Impaired Driving

July 31, 2017

You’ve just been charged with Over 80, but what does that mean? It’s a DUI (drinking and driving) charge but how does it differ from impaired driving? If you’ve been charged with Over 80 or impaired driving in Toronto or anywhere else in Ontario, call Erickson Law today for expert legal defense.

What is the difference between Over 80 and Impaired Driving (DUI)?

It is a criminal offense in Canada to operate a motor vehicle while your blood alcohol concentration (or “BAC”) is over 80 mg of alcohol per 100 mL of blood. This limit is often referred to as “Over 80”. While everyone’s alcohol tolerance and ability to drive is different, it is against the law to drive with a BAC “Over 80”. However, your ability to drive can be impaired even if your BAC is less than this level. In fact, toxicologists have determined that some people can be impaired with BAC as low as 50 mg per 100 mL of blood while others don’t become impaired until their BAC reaches much higher.

Your blood alcohol concentration (or “BAC”) depends on several different factors, such as how much alcohol you’ve consumed, how much time has passed since finished your last drink, your gender, your weight, how quickly the alcohol was absorbed into your blood system, and how fast your body disposes or eliminates alcohol.

So what happens if you were pulled over and charged with “Over 80” but you weren’t drunk, or if you were charged with impaired driving but your BAC is not over 80? What is the difference between these charges? Over 80 refers to when you have over 80 milligrams of alcohol per 100 milliliters of blood. Impaired driving refers to driving while your ability to do so was impaired by alcohol and/or a drug. Depending on your alcohol tolerance, you may be impaired even if your BAC is less than 80 mg per 100 mL of blood. That being said, it is still illegal to drive with a BAC over 80 mg per 100 mL of blood.

The biggest difference between the two charges is alcohol tolerance. You may be able to drink enough alcohol to put you well over the 80 mg limit without actually becoming intoxicated, or you may be well under the limit and be completely impaired. If you are found to be Over 80, then you will be given the Over 80 charge. If you are found to be under the limit but there is evidence of impairment, then you will be charged with impaired driving.

Providing a Sample

If you are pulled over and an officer has a reasonable suspicion that you have alcohol in your body, the officer will have grounds to demand that you provide a breath sample at the road side. If you blow a “Fail”, the officer will have reasonable grounds to arrest you and demand that you provide two or more breath samples at the police station.

Were you or a loved one charged with impaired driving in Toronto and need a criminal defense lawyer? Call Erickson Law today at (416) 363-3612.

How To Plead When Charged With A DUI

June 30, 2017

Hiring a lawyer who specializes in DUI related charges is the best way to get the results the best possible outcome when charged with impaired driving in Toronto. If you have been charged with a drinking and driving related offense, you consult with a criminal defense lawyer as soon as possible.

What if this is my first DUI offense?

If you have not been charged with an impaired driving offense in the past, there is nothing to be gained by immediately pleading guilty. It is always best to speak with a lawyer right away before deciding whether to plead guilty or fight the charge.

What if I have “Priors”?

If you have been convicted of a drinking and driving offense in the past, the penalties you face will increase. For a second conviction, you will receive a mandatory minimum sentence of 30 days in jail and a driving prohibition of between 2 and 5 years. For a third drinking and driving conviction, the mandatory minimum sentence is 120 days in jail and a driving prohibition from 3 years to life.

If you have prior drinking and driving convictions, it is always best to consult with a criminal defense lawyer as soon as possible so that he/she can help you get the best possible outcome. Only an experienced criminal defense lawyer knows the many “dos and don’ts” of successfully defending DUI charges.

What will happen to my insurance with a DUI charge?

If you plead guilty and are convicted of an impaired driving offense, your car insurance will see a drastic increase in their yearly insurance premiums for a minimum of five years. This is because your insurance company will now consider you to be a “high risk”. In some cases, your insurance policy may even be canceled. This can greatly affect your life, especially if you need to drive as part of your job or commute long distances.

Don’t plead guilty – consult Erickson Law and fight your impaired driving charge. Call (416) 363-3612 to speak with John Erickson today.

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