Archive for Law

What Happens When You Are Charged For Committing A Crime?

When a person breaks one or more of the criminal laws of Canada, it is called a crime or offense. For example, if a person/s robs a bank, the crime of robbery is committed, an offense under the Criminal Code of Canada. The case will be investigated by the police until they have gained enough evidence to charge someone with the crime.

During the investigation, the police will talk to witnesses and inspect the place where the crime has been committed. All pieces of evidence and information will be submitted to the Crown prosecutor who will review the findings of the police and decide whether the person will be charged with the crime. Crown prosecutors are lawyers of the government who are acting on behalf of the people. This means that all their acts must be for the benefit of society, not for a single individual.

The person who is charged with a crime is called the accused. He is presumed innocent until he is proven guilty in a trial. When the police arrest the accused, it is important to tell him the reasons why he is being arrested. The person can call a lawyer immediately and have a private conversation over the phone.

At the police station, there is usually a list of lawyers that the accused can call for assistance. It is very critical for an accused person to have a lawyer before answering the questions of the police. The accused has a constitutional right to remain silent and not answer the police until his lawyer is present.

The accused will be taken to court for a bail hearing within 24 hours after the arrest so that a judge can decide whether he should be released right away or held in custody until he pleads guilty. If the accused is released, he must promise to attend the next hearing otherwise, he may be charged with another offense for not showing up.

An important decision always requires someone who is not emotionally invested to help you decide. Your best option is MyDefence lawyers who will ensure that all your rights are protected when facing prosecution.

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Tips For Finding A Good Lawyer

Most people would prefer to never have to turn to a lawyer or law firm like MyDefence.ca, and that’s somewhat understandable. If you need that kind of legal help, then the matter must be serious.

Thankfully, there’s a lot of specialists to choose from, the problem is just figuring out which one to call on. Here are a few tips for that.

Figure out the issue and find the right specialist

First things first, figure out the specific kind of legal problem you’re dealing with. There’s a lot of different fields in law, and certain lawyers specialize in certain fields.

Specific problems need specific kinds of lawyers to deal with them. Choose the right one to ensure that they’ve got the proper knowledge for your problem.

Local attorneys are the first option

Local attorneys are the first option, and, ideally, you want one for your case. This is because local attorneys are familiar with local legislation, which means that they know the local legal idiosyncrasies; laws, procedures, authorities, and the like.

However, take note of the scope of your problem. If you’re dealing with a national-scale problem, a national specialist would be the best option.

Take note of their experience

One of the key variables to consider when picking an attorney is their experience operating in the field. When looking up attorneys at sites like MyDefence.ca, take note of the cases they’ve worked on, and how many cases that they’ve won.

Always pick the professionals with the most extensive knowledge and experience in the field that your legal problem falls under.

Pay attention to how they communicate

Part of legal proceedings is communicating, deliberating, as well as public speaking. That means that the attorney handling your case must be good at making legalese understandable for you and others, to ensure you’re properly prepped for proceedings, while properly delivering your side.

Fees

No getting around it; hiring a lawyer can be expensive. That’s part of why people avoid having to bring in lawyers whenever they can.

If you have to bring in a lawyer, don’t forget to inquire about fees and costs, as well as billing procedures and the like. This cannot be stated enough; a customer or potential client has to right to inquire about how their fees and bills will be handled, and are entitled to that information. If the legal ‘expert’ refuses, that’s a big red flag.

 

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Different Defences That Can Be Used In Criminal Cases

A person accused of a crime is presumed innocent until he is proven guilty through a trial or when he pleads guilty to the crime. The prosecution has to convince the jury that the defendant is guilty beyond reasonable doubt. However, the defendant also has the right to be represented by a criminal defence lawyer who will provide evidence to support the defence.

If the prosecutor fails to prove the case beyond reasonable doubt, the defendant cannot be convicted. The jury will always resolve reasonable doubts in favour of the defendant. The defendant does not even have to defend himself if he chooses not to although there are certain defences that the lawyer can raise.

One of the most common defences used by criminal defence lawyers is the defendant did not commit the crime by pointing out to inconsistencies in the evidence. For example, if a witness says that the actual perpetrator is right-handed while the defendant is left-handed, the criminal defence lawyer will use this evidence to prove that his client is innocent of the crime. Another example is a bloody glove that was found in the crime scene as too small to fit the defendant’s hand.

Another common defence used is alibi which is an evidence that shows that the defendant was in another place other than the crime scene when the crime was committed. For example, if you were accused of robbing a liquor store at about 11 p.m. but you have evidence that you were in a movie house with your girlfriend at that time, your lawyer can use it to establish an alibi defence.

Insanity is another popular defence but used infrequently. This is based on the idea that punishment will only be appropriate if the defendant has the ability to control his own actions and understands that what he is doing is wrong. Insanity is infrequently used because it is quite complicated to prove.

If you are accused of a crime, do not be frustrated because there is MyDefence.ca who can assist you with your case. There are many defences that can be used by a good criminal defence lawyer to avoid punishment.

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Lawyers Say That COVID Has Prompted Interest In Wills

COVID-19 hit the world hard, changing people’s outlooks on life. Estate lawyers in Edmonton have stated that this, in turn, has kindled interest in wills, as people look to ensure that everything is sorted out in case the worst happen.

The Edmonton Community Foundation held its annual Wills Week early in October 2020, remotely thanks to the COVID-19 pandemic. Throughout the week of the event, volunteer lawyers from across the province, from firms like Donich Law, hosted free presentations on things like picking executors and other important topics related to wills and testaments.

Community Foundation Director of Donor Services Noel Xavier noted that registrations and attendance was up for 2020, on top of more people across Edmonton asking about wills.

While the pandemic has forced some changes to how people arrange end-of-life plans, the increase in activity hasn’t been stopped. Notably, Alberta amended the Wills and Succession Act to accommodate remote signing and witnessing for wills. Later down the road, former Justice Minister Doug Schweitzer put a ministerial order in effect, extending this amendment to Aug. 15, 2022.

Lawyers from across the area, from firms like Donich Law and the like, have stated that parts of the process has been made easier thanks to technology, but disputes have gone up.

Lawyers are saying that, with people having to face mortality more than ever, a lot of hurt feelings and disagreements are happening. While virtual meetings are helpful, they’re saying that meeting in person for discussing wills is preferable and easier, as virtual meetings can lead to people missing cues and subtle things that would be easier to spot in person.

Wills aren’t the only thing people are arguing about, with lawyers reporting that arguments about attorney agreements and personal directives have also started cropping up more frequently.

McCuaig Desrochers’ Mike Simons says that it’s a good idea to update a will every 3 or so years, or after any major life event, like the birth or death of a relative, or a move across the country.

Other lawyers have stated the need for a will, as they say it relieves people of the burden of wondering what to do and who’s in charge should the worst come to pass.

They say that the default rules which take effect for people without will work pretty well most of the time, but not for people who are in blended families, have had multiple marriages, or have children with disabilities.

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Toronto Law Firm Advises Condos To Implement Mandatory Mask Policies

A Toronto law firm specializing in condo living, operations and management recently issued a statement, advising condo operators to implement mandatory mask policies for their properties, particularly for indoor common areas, in order to keep staff, guests, and residents safe.

The City of Toronto’s official mask bylaw, which can be seen if one opts to go to their website, mandates face coverings and protection in public indoor areas, with a few exceptions, but doesn’t cover condominiums.

Lash Condo Law’s Josh Milgrom notes that the public spaces that the bylaw requires mask protection in are similar to indoor common areas found in condos, like lobbies and hallways. He explains that this means that these areas have similar risk levels for the contraction and spreading of COVID-19.

Milgrom says that condo operators are responsible for managing common elements in their properties and ensuring the safety of people living, or working in, or around their properties. He notes that condos are peoples’ homes, and that people should feel that they’re safe in them.

According to the Ministry of Labour’s Occupational Health and Safety Act, which can be viewed if one opts to go to their website, corporations are legally obligated to ensure a safe and healthy workplace for the wellbeing of their employees.

Some condos have made masks mandatory, like the Neo and Montage condos, while some condos only ‘recommend’ that guests and residents wear masks in common areas.

A few residents have expressed their opinions on the matter, with a lot saying that it’s only common sense that condos mandate masks for their residents.

Giselle Melillo, a resident in the Liberty Village condo building, reports that she saw about half of the building’s residents following the recommendations of the building to wear masks, but notes that this isn’t enough, saying that she wants it to be mandated.

She says that wearing masks have been proven to add a measure of safety, and it’s something that people need to do, adding that she finds the controversy about the matter utterly incredulous.

Milgrom says that encouraging people to wear masks isn’t enough as there aren’t any consequences for non-compliance. He notes that it could lead to issues down the road if someone ends up contracting COVID-19 in a condo building, which would lead to the company operating it becoming liable.

 

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How To Hire A Criminal Lawyer From Donich Law 

Litigations and criminal proceedings can be financially draining, stressful, and time-consuming. While you may be avoiding having a brush with the law, there may be circumstances where you would be involved in a legal proceeding or lawsuit. In order for you to successfully defend yourself or a loved one from a legal battle, it is best to hire an expert in the field such as the lawyers at Donich Law in Canada.  If you need to hire a criminal lawyer, take a look at these tips.

Search for criminal law experts

There are many ways to find a legal expert in criminal law. You can ask your friends or colleagues if they know of someone who can help you with it. Recommendations are always a good start in finding the right lawyer. You can also search on the internet for lawyers who can assist you with your legal issue.

Talk to the lawyer

If you think you have found the right criminal lawyer, schedule a meeting with him or his team to discuss his terms and also to have an idea how he plans to go about the legal matter and obtain a favourable resolution in your favour. Ask the right questions from Donich Law or your preferred lawyer. Ask how for an estimate on how much his legal services will cost including other fees that you need to cover.

Prepare yourself  

A full blown litigation can be tiring, frustrating and even expensive. You have to be ready for it, not just with your finances but also the necessary documents and even witnesses, when required. The criminal lawyer will let you know the documents that you need to prepare for the litigation.  Lawyers generally ask what your expectations are it would be best to be upfront on your desired results.

Additional tips

To ensure that you will get the right lawyer such as the lawyers from Donich Law, only hire those who are highly recommended by people you personally know. The lawyer must also be professional in dealing with the client and should arrive prepared and on time during meetings and court hearings.

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