Domestic Assault FAQ: Answers from a Domestic Assault Lawyer in Toronto

July 6, 2016

Dealing with domestic assault allegations can be stressful and confusing. Not only do you have to deal with the inconvenience and embarrassment of being arrested and having to answer to these charges in court, but you may also have strict bail conditions applied to you until your case is finished. This can happen even in cases where the only evidence is your word against the other person’s.

If you are arrested, it is in your best interest to contact a domestic assault lawyer as soon as possible. John Erickson has been a practicing domestic assault lawyer for over 20 years, and he can be reached for a free consultation at (416)-363-3612. Failing to secure qualified representation could expose you to the following risks:

– A jail sentence, fine and/or probation

– A criminal record

– Loss of employment opportunities

– Court orders restricting your ability to have custody and/or access to your children or other family members

– Denial of immigration and citizenship applications

– Barment from a career in law enforcement or working with children or vulnerable people

In the interest of protecting those falsely accused of domestic violence, Erickson Law has assembled some FAQ information to help inform your decision making.

What qualifies as domestic assault?

There is no specific offence defined in the Criminal Code of Canada. “Domestic assault” is simply any alleged assault or threat committed within a domestic relationship. Domestic relationships include people in same-sex relationships and includes married couples, common law spouses, boyfriend/girlfriend relationships, and even allegations between siblings.

Why are domestic assault charges treated so severely, both in court and by police first responders?

Domestic assault allegations are treated very seriously by the Courts. This is because domestic violence can negatively impact children living in the home and create a dangerous power imbalance in a relationship. Additionally, domestic violence has serious potential to escalate if not dealt with promptly.

What happens when the police are called?

When responding to a 911 call, the police will interview the alleged victim, the accused, and any other potential witnesses, including children. If the investigating officer forms a reasonable belief that the accusation is true, the accused will be arrested and often held for a bail hearing.

Any injuries suffered by the alleged victim will be documented and hospital transportation will be provided as needed. Often, the alleged victim and other witnesses will be transported to the police division to provide a formal, videotaped statement. As well, the police will usually put the alleged victim in touch with Victim Witness Assistance Program representatives.

When do police have reasonable grounds to charge an individual?

Each individual case differs but the police must have reasonable grounds to believe that an offence was committed. This is usually based on the statements made by the alleged victim, the accused, and other potential witnesses as well as observed injuries, statements made during the initial 911 call, and any other circumstantial evidence.

What can I do if my bail conditions stop me from seeing my children?

To change your bail conditions, you will need the consent of the Crown Attorney’s Office. If they refuse to consent, then you will have to file a formal application with the Court.

To encourage an accused to plead guilty, the Crown Attorney’s Office may offer to vary the accused’s bail if he/she pleads guilty and enters in an Early Intervention Program which involves a 14-session counselling program relating to spousal abuse, and anger management. Before deciding whether or not to participate in this option, you should speak to an experienced domestic assault lawyer. Call (416)-363-3612 for a free consultation to learn more about this option.

Will charges be dropped if my accuser does not attend court?

No. The Crown Attorney can subpoena the alleged victim and any other potential witnesses and force them to testify. The formal, videotaped statements can also be used if their stories change in court.

Learn more from a domestic assault lawyer in Toronto

You can get more information on our domestic assault page by visit https://ericksonlaw.ca/assault-and-domestic-violence-charges/. Alternately, you can call (416)-363-3612 to learn more from a qualified domestic assault lawyer in Toronto.

The Costs of Impaired Driving: A Toronto Drinking and Driving Lawyer Speaks

June 28, 2016

The dangers of drinking and driving are abundantly clear but for some people, questions remain about the legal consequences. If you are facing drinking and driving charges, the following information will be of use.

The Legal Consequences of Drinking and Driving

For someone who is convicted of a drinking and driving offence for the first time, the minimum sentence is a fine of at least $1,000 and a 1-3 year driving prohibition. For someone who is convicted for a second time, the minimum sentence is 30 days in jail and a 2-5 year driving prohibition. For each subsequent conviction, the minimum sentence is 120 days in jail and a driving prohibition from 3 years to life. Note, these are the minimum sentences. In each case, the Court may impose even more severe sentences.

As your drinking and driving lawyer can tell you, DUI charges will also give you a permanent criminal record. This can cost you many promising employment opportunities and may affect your ability to secure a loan or line of credit.

If you are convicted of drinking and driving, you will be prohibited from driving anywhere in Canada for a set period of time. As well, the Ministry of Transportation will suspend your driver’s licence which means that you will not get it back after the expiry of the prohibition order unless you fulfill all of their requirements. For more information, contact a Toronto drinking and driving lawyer at https://ericksonlaw.ca/impaired-driving-charges/.

The Insurance Cost of Drinking and Driving

Drunk driving is treated very seriously by insurance companies. If you are convicted, your insurer will consider you to be a much higher risk and your premiums will skyrocket. These increased rates will last for many years from the first renewal date that follows your conviction.

But what if I’m a first time offender?

The minimum penalty for a first offence includes:

– A minimum $1,000 fine;

– A lifelong criminal conviction. Your fingerprints and photographs will be held in a police data bank;

– Your driving privileges will be revoked for 1-3 years. This means you will be unable to drive anywhere in Canada until this prohibition expires;

– The Ontario Ministry of Transportation will suspend your license for 1 year. To get your license reinstated, you will need to attend alcohol education and treatment programs and fulfill are all other requirements stipulated by the Ontario Ministry of Transportation;

– Your vehicle will have to be outfitted, at your expense, with a special ignition interlock device for 1 year.

The Human Cost of Drinking and Driving

The financial and legal consequences of drinking and driving are severe but the human cost can be immeasurably greater. Thousands of Canadians are killed or injured by impaired drivers each year. None of us are immune to the effects of alcohol and for each of us, the first thing to be affected is our judgment. Even just one drink can impair your ability to drive. Never drive after drinking. Please take these words to heart, if not for your own sake, then for the sake of those who may be forced to suffer the consequences of your decisions.

Contact a Drinking and Driving Lawyer

Get in touch with a drinking and driving lawyer in Toronto by calling (416)-363-3612. John Erickson has decades of experience with impaired driving offences, and offers free consultations for those in need.

Reefer Madness: An Impaired Driving Lawyer Explains Marijuana DUIs

April 27, 2016

Are you facing allegations of driving while impaired by marijuana or having care or control of a motor vehicle while impaired by marijuana? What follows is an overview of the criminality of marijuana in Canada, an outline of what to expect if you’re pulled over for a marijuana-related DUI, and a way to explore some defence options.

The legalization of marijuana was one of Prime Minister Justin Trudeau’s more visible promises of the 2015 Federal Election Campaign and talks have only intensified since his election. Although he continues to maintain that he will fulfill his promises, the existing laws remain in effect and Canadians continue to be charged with possession of marijuana as the government works towards amending the laws.

If you’re facing marijuana-related charges, you deserve answers. And you’re not alone; Canadians between the ages of 14 and 25 have one of the highest rates of recreational use in the world and many of them are reaching out to DUI lawyers in Toronto for help.

With this in mind, the Erickson Law team has assembled a brief tutorial on what to expect when facing DUI charges for recreational marijuana use. Read on to learn more from an experienced impaired driving lawyer in Toronto.

The Impairing Effects of Marijuana – Why Legalization Doesn’t Matter

Alcohol is legal to consume but that doesn’t protect you from a DUI. Although this may seem obvious, many recreational marijuana users fail to apply this same logic to their drug of choice. Whether or not marijuana is legalized by the federal government, it will remain illegal to drive while under the influence of marijuana or any other drug.

THC, the active ingredient in marijuana, has a number of impairing effects that will negatively impact your driving ability. THC consumption impacts your tracking ability on the road, meaning that those under the influence will have a harder time staying in their lanes and/or perceiving changes in road conditions or the speed of other vehicles.

Whether or not marijuana use is legalized, you’ll need to contact an impaired driving lawyer anytime you’re found driving or being in the care or control of a motor vehicle while under the influence.

Alcohol and Marijuana-Related DUIs – What’s the Difference?

It is illegal in Canada to operate or have care or control of a motor vehicle while your ability is impaired by alcohol or a drug or both. The punishment for each is the same. However, the police have to investigate these types differently. This is because the instruments used to test breath samples for alcohol do not work for marijuana or other types of drugs.

There are five known methods of testing for the presence of cannabinoids and THC: blood, urine, hair, saliva, and perspiration. However, these tests can be difficult to administer at roadside, especially because blood concentration tests have been known to produce false negatives and false positives. Consequently, police have devised new ways of confirming suspicions of driving under the influence of marijuana.

What can I expect from a roadside stop?

If you’re pulled over by a police officer who suspects you of driving while impaired by marijuana or having care or control of a motor vehicle while impaired by marijuana, they will look for the following signs:

-Driving too slowly

-Driving in an erratic fashion

-Slurred speech

-Glassy or “bloodshot” eyes

-Impaired cognitive function

-Impaired motor skills

-Olfactory indications of marijuana in the car, such as smoke or the pungent smell of the plant

The Criminal Code of Canada also gives offers the ability to administer a Standardized Field Sobriety Test as per Section 254(2) (a).

Possible Defences from your Impaired Driving Lawyer

If you would like to learn about potential defenses for your impaired driving charges, visit https://ericksonlaw.ca/impaired-driving-charges/ or call (416)-363-3612 to speak directly with John Erickson.

6 Drunk Driving Facts You Need to Know

April 12, 2016

Knowing the facts about drinking and driving can mean the difference between spending your work bonus on a family vacation, or handing it to a drunk driving lawyer.

Driving is a privilege, not a right, whether you’re navigating Toronto’s frenetic downtown traffic to get to work or cruising down open country back-roads for pleasure. If you drive in Ontario, you need to understand the rules and regulations associated with drinking and driving. Read on to learn 10 fundamental facts from an experienced drunk driving lawyer.

Different laws apply to different drivers.

Drinking and driving laws differ slightly depending on the status of your driver’s licence. Novice or G1 drivers cannot have any alcohol in their system regardless of their age. On the other hand, fully licensed G2 drivers can, so long as they don’t violate the “over 80” rule or have enough to impair their ability to operate a motor vehicle. Please note that a person’s ability may be impaired even if they are well below the “over 80” rule.

You don’t have to be driving to be arrested for drunk driving.

It sounds counterintuitive but it’s true: your vehicle doesn’t need to be moving to be charged with impaired driving. If you’re found drunk behind the wheel of a vehicle – even a stationary one with the keys nowhere near the ignition – you can still be charged and convicted of having care or control of a motor vehicle while your ability is impaired or while your blood-alcohol concentration is “over 80” mg of alcohol per 100 ml of blood. Ask your drunk driving lawyer more about this common pitfall.

Impaired driving isn’t all about drinking.

We may be remiss referring to your impaired driving lawyer as a drunk driving lawyer, since that only tells one part of the story. It is illegal in Canada to drive or have care or control of a motor vehicle while your ability is impaired by alcohol, a drug (including marijuana), or both!

Breathalyzer tests are mandatory when requested.

Some people have asserted that you can get around a roadside test by refusing to provide a breath sample. That’s incorrect. If you’re asked to provide a breath sample, you must comply. You can be charged with Refusal or Failure to provide a breath sample which carries the same penalties are driving while your ability is impaired by alcohol or a drug or both.

Drinking and driving charges stick with you for a minimum of 10 years.

As you know, drunk driving is a serious offence, and the current legislation reflects that. A conviction for drunk driving will result in you having a criminal record. Convicted drunk drivers often have to take alcohol education or have an ignition interlock device installed on their vehicle, and information about the conviction will stay on their license for ever.

Drinking and driving consequences worsen with each offense.

Drinking and driving is always serious, but the consequences actually get worse with consecutive offences. A conviction for a first offence will usually result in a substantial fine but jail sentences are mandatory for each subsequent conviction. Your drunk driving lawyer can explain the penalty progression in full.

If you have an Ontario driver’s license, understand that it’s a privilege, not a right! Mind these 6 drunk driving facts to protect your license, your vehicle, and the health of everyone on the road.

If you’re currently facing drunk driving allegations and are seeking an impaired driving lawyer, John Erickson can help. You can learn more about his record and services as a drunk driving lawyer in Toronto by visiting https://ericksonlaw.ca/impaired-driving-charges/ or calling (416)-363-3612.

Drinking and Driving Charges in Toronto: What to Expect and Next Steps

March 4, 2016

Have you been charged with impaired driving, DUI, drinking and driving, “over 80”, refusing or failing to provide a breath sample? Prosecutors will pressure you to plead guilty, but it’s always in your best interest to contact a drinking and driving lawyer before you decide what to do.

What Can I Expect from a Drinking and Driving Conviction?

If you plead guilty, you will be subjected to any or all of the following consequences:

-A fine at least $1,000 for a first conviction or imprisonment for at least 30 days for second convictions and at least 120 days for each subsequent conviction.

-A lifelong criminal conviction. Your fingerprints and photographs will be stored in a police data bank by the RCMP. This can drastically affect your reputation in the community and your future job prospects, relationships, and travel plans.

-You will be prohibited from driving anywhere in Canada for 1 to 3 years for a first conviction, 2 to 5 years for a second conviction, or 3 years to life for each subsequent conviction.

-Your driver’s licence will be suspended by the Ontario Ministry of Transportation for 1 year for a first conviction, 3 years for a second conviction, and for life for each subsequent conviction.

-You will be required to install, at your expense, a special ignition interlock device on your vehicle 1 year for a first conviction, 3 years for a second conviction, and for life for each subsequent conviction..

-You will be required to participate in a mandatory education and alcohol treatment program with the Ontario Ministry of Transportation before your license is reinstated.

– You will be required to pay for expensive “high risk” or special facility insurance plans.

It’s clear that an unnecessary guilty plea can be extremely costly for your personal, financial, and professional future. These expenses can be avoided if you make the effort to consult with a qualified drinking and driving lawyer in your area.

If you require an impaired driving lawyer in Toronto, John Erickson can help – call (416)-363-3612 for a FREE consultation.

There are many drunk driving lawyers in Toronto, and it can be difficult to decide who to trust with your case. Prudence is paramount, which is why most people recommend meeting your potential representative in person before making your decision. If you’re in a time-sensitive situation and can only book time to meet with a few, be sure to include John Erickson in your list – here’s 4 reason why:

-An easy and accessible location. John Erickson operates out of a downtown Toronto office on Bloor Street West that is both easy to locate, and easy to access via public transit. Don’t go out of your way and waste a day commuting to meet with your over 80 lawyer in Toronto – quality representation is just around the corner.

-An affordable payment structure that doesn’t compromise on quality. If you’re seeking an affordable drinking and driving lawyer in Toronto, John Erickson is an excellent choice. All first-time consultations are free, and John Erickson works with a transparent block fee billing structure to ensure that clients get exactly what they pay for.

-Experience at every level of the legal system. John Erickson has defended clients in need of qualified representation for over 20 years, with an emphasis on those accused of drinking and driving.

-Custom legal support you can count on. John Erickson’s commitment to client care has helped distinguish him as a prudent choice for individuals seeking a drinking and driving lawyer in Toronto. Legal support is available 24/7 for clients who require immediate consultation. Every defence is custom-built for the client, taking into account your unique circumstances to expose false allegations and secure justice for you. We have helped a number of clients overcome impaired driving allegations; you can read their testimonials and learn more about John Erickson’s DUI defence at https://ericksonlaw.ca/impaired-driving-charges/.

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Category: Criminal Defence Lawyer