877-786-4479
613-604-2188
If you are calling from a jail, please dial: 613-236-0535

December 2016 Archives

Acting as a Surety for your Child

When your child is charged with a criminal offence there are a number of ways they can be released on bail. It can be done directly from the police station after they are charged, or alternatively they can be released from bail court either with the Prosecutor's consent or after a bail hearing. For more information about these processes read my blog posts titled "Your Child's Undertaking to a Peace Officer" and "Your Child's Appearance in Bail Court".

Infractions de conduite

Beaucoup de gens accusés d'infraction de conduite en vertu du Code criminel ne comprennent pas pleinement leurs options afin de protéger leurs droits. Peut-être qu'ils se sentent accablés par la possibilité de perdre leurs permis de conduire, ou ils ne réalisent pas pleinement les conséquences d'une condamnation. En tout cas, si vous êtes accusé d'une infraction de conduite, vous devriez consulter un avocat expérimenté dès que possible.

Avocats pour les adolescents

Les adolescents qui sont accusés d'une infraction criminelle sont soumis à une procédure pénale distincte de celles qui régissent les procès pénaux pour adultes. Ce ne sont pas tous les avocats de la défense criminelle qui s'occupent des personnes mineures, donc si votre enfant a été accusé d'une infraction criminelle, l'aide d'un avocat avec expérience dans le système de justice pénale pour les adolescents peut être essentielle afin de protéger ses droits.

The Powers of the Police to Enter and Search Your Home for Drugs

In a drug investigation, as with other kinds of investigations, there are three ways that a police officer may enter your home: (1) with your permission, (2) with a warrant, or (3) in certain emergencies. These rules generally only apply to entering your house, not on to your property. There exists at law an implied consent for anyone, including the police, to walk on to your property for the purpose of talking to you at your front door. As long as the police have a legitimate purpose to be on your property, including to talk to you, than they are allowed to walk up to your door. You, however, are not required to open the door to a police officer, nor are you required to speak to them at your door.

Information that is Helpful in Getting Your Child Released on Bail

When your child is charged with a criminal offence there are a number of ways they can be released on bail. It can be done directly from the police station after they are charged, or alternatively they can be released from bail court either with the Prosecutor's consent or after a bail hearing. For more information about these processes read my blog posts titled "Your Child's Undertaking to a Peace Officer" and "Your Child's Appearance in Bail Court".

Your Child's Appearance in Bail Court

Most often, when your child is charged with a criminal offence, he or she will be released from the police station with a piece of paper titled Undertaking to a Peace Officer. Sometimes though, if the charges are particularly serious, or if your child already has a history with the criminal justice system, upon arrest he or she will not be released from the police station. Instead, your child will be transported by police from the station to the courthouse to appear in bail court. The timing of this move depends on when your child was taken into custody, but the police are obligated to bring any person taken into custody to court within twenty four hours.

Entrapment Defence Sets Free Two in Terrorism Case

A British Columbia couple convicted of terrorism charges have had their verdicts tossed out in a court decision that criticized the investigators for their "egregious" conduct in manipulating naive suspects into carrying out a police-manufactured crime. In R. v. Nutall, Justice Bruce concluded that without the heavy-handed involvement of undercover officers, it would have been impossible for Nuttall and Korody to articulate, craft and execute a terrorist bomb plot. Ultimately, their role in carrying out the plan was minuscule compared to what the police had to do. The judge noted that "[i]t was the police who were the leaders of the plot."

What You Need to Know About Your Child's Undertkaing to a Peace Officer

Most often, when your child is charged with a criminal offence, he or she will be released from the police station with a piece of paper titled Undertaking to a Peace Officer. The title of this piece of paper does not accurately communicate how important it is. It really should be called "Bail Conditions that Must be Followed", because that's really what it is.

Our Location:

200 Elgin St.
Suite 500
Ottawa, ON K2P 1L5

Toll Free: 877-786-4479
Phone: 613-604-2188
Fax: 613-236-6958
Ottawa Law Office Map

Our Office