Toronto Criminal Lawyer - The Blog
Submitted by Weisberg, Adam [adam] on 2011/04/15 - 04:32 pm
Thinking about being a criminal lawyer? Wondering what your lawyer is doing when your calls go to reception or voicemail?
I will probably have worked between 70 and 80 hours by the end of this week. These hours are typical for a busy criminal lawyer in Toronto. I don't mind the hours because I absolutely love doing this job.
Monday:
I was scheduled to conduct a trial regarding a domestic incident involving allegations of a woman running over her ex-boyfriend in a vehicle. After a long day of negotiating with the Crown Attorney and waiting for court space, the charges were all withdrawn and a common law peace bond entered into by the client. The client has no criminal record.
Tuesday:
I spent most of the day working in the office, preparing for an upcoming murder preliminary hearing. I also reviewed and prepared for a trial continuation involving a drinking and driving case. Clients of mine were contacted to update them on their matters. Drafted letters to the Crown Attorney requesting disclosure in many of my cases.
Wednesday:
I attended court and arranged for a possession for the purpose of trafficking marijuana and possession cocaine case to be withdrawn. Attended another courtroom in the same courthouse where domestic assault charges involving allegations of forcible confinement were withdrawn in exchange for the client entering a common law peace bond. Both clients still have no criminal record.
I went back to the office and made arrangements for another domestic assault client's charges to be withdrawn after the completion of some counselling.
In the evening I met with a client at the office to speak to him about his trial continuation on Thursday. Reviewed notes and submissions prepared after the last trial date. Reviewed case law and prepared further submissions until 1:00 a.m.
Thursday:
Trial continuation on a drinking and driving case. This case was extremely important to the client as he is a truck driver. Multiple section 10(b) (rights to counsel) and section 8 (search and seizure) Charter breaches established. The breath results were excluded and the client was acquitted. The client has two young children and will be able to continue providing for his family. I am very pleased and the client is grateful.
Friday:
Attended court on a motion to have the release conditions changed for a client charged with domestic assault. The Crown Attorney consented to the motion and the client is returning to his home to be with his wife this evening.
Worked on preparing for an upcoming assault bodily harm trial and murder preliminary hearing.
Interviewed new clients.
Saturday:
Took the day off other than reading new case law recently released from the Court of Appeal.
Sunday:
Attended the jail to interview a client and then worked all afternoon preparing for next week.
I will probably have worked between 70 and 80 hours by the end of this week. These hours are typical for a busy criminal lawyer in Toronto. I don't mind the hours because I absolutely love doing this job.
Monday:
I was scheduled to conduct a trial regarding a domestic incident involving allegations of a woman running over her ex-boyfriend in a vehicle. After a long day of negotiating with the Crown Attorney and waiting for court space, the charges were all withdrawn and a common law peace bond entered into by the client. The client has no criminal record.
Tuesday:
I spent most of the day working in the office, preparing for an upcoming murder preliminary hearing. I also reviewed and prepared for a trial continuation involving a drinking and driving case. Clients of mine were contacted to update them on their matters. Drafted letters to the Crown Attorney requesting disclosure in many of my cases.
Wednesday:
I attended court and arranged for a possession for the purpose of trafficking marijuana and possession cocaine case to be withdrawn. Attended another courtroom in the same courthouse where domestic assault charges involving allegations of forcible confinement were withdrawn in exchange for the client entering a common law peace bond. Both clients still have no criminal record.
I went back to the office and made arrangements for another domestic assault client's charges to be withdrawn after the completion of some counselling.
In the evening I met with a client at the office to speak to him about his trial continuation on Thursday. Reviewed notes and submissions prepared after the last trial date. Reviewed case law and prepared further submissions until 1:00 a.m.
Thursday:
Trial continuation on a drinking and driving case. This case was extremely important to the client as he is a truck driver. Multiple section 10(b) (rights to counsel) and section 8 (search and seizure) Charter breaches established. The breath results were excluded and the client was acquitted. The client has two young children and will be able to continue providing for his family. I am very pleased and the client is grateful.
Friday:
Attended court on a motion to have the release conditions changed for a client charged with domestic assault. The Crown Attorney consented to the motion and the client is returning to his home to be with his wife this evening.
Worked on preparing for an upcoming assault bodily harm trial and murder preliminary hearing.
Interviewed new clients.
Saturday:
Took the day off other than reading new case law recently released from the Court of Appeal.
Sunday:
Attended the jail to interview a client and then worked all afternoon preparing for next week.
Submitted by Weisberg, Adam [adam] on 2011/02/15 - 03:15 pm
I am conflicted about expanding the citizen’s arrest powers. It makes sense that we should be able to protect our property and protect our loved ones; however, regular citizens acting like the police can only be dangerous. The recent buzz in parliament about expanding the citizen arrest powers is just another example of reactionary and short-sighted policy making when it comes to criminal justice issues. The citizen arrest powers have been doing Canadians just fine. Let’s not forget that Chinatown shopkeeper David Chen was acquitted. In my opinion, the Crown Attorney’s office should have withdrawn the David Chen case for some community service even though they may have had a reasonable prospect of conviction because that would have been the equitable thing to do in that case.
If you are a witness to a crime or the victim of a crime, the safest course of action is to contact the police and let professionals deal with the situation. Professionally trained law enforcement personnel are subject to enough criticism and make enough mistakes. I’m really not keen on the untrained average civilian acting like a police officer.
Submitted by Weisberg, Adam [adam] on 2010/11/24 - 01:29 pm
Toronto Criminal Lawyer: "Should Prostitution be Legal?"
Prostitution is technically legal in Canada, however, everything that a prostitute needs to do to be a prostitute is illegal. Communicating for the purpose of prostitution is illegal; operating a common bawdy house is illegal; and living on the avails of prostitution is illegal. Therefore under the current legal scheme a prostitute cannot speak to a customer on the street about their services, cannot hire a bodyguard, and cannot hire an accountant or even a driver.
The recent decision by Justice Himel striking down the prostitution laws as they apply in Ontario has sparked the debate as to whether or not prostitution related activities should be legalized. The effects of Justice Himel's ruling are currently stayed as of today's date. The Court of Appeal will be ruling shortly if that stay should be continued until an appeal of the decision has been heard.
Recently, friends and relatives have been asking me about my views on prostitution since this debate has been recently re-opened by the landmark decision of Justice Himel. My questions is: "If we can reduce violence against women and reduce the transmission of sexually transmitted diseases by regulating and legalizing prostitution related activities... why would Canadians not want that?"
Submitted by Weisberg, Adam [adam] on 2010/10/11 - 04:04 am
Toronto Criminal Lawyer: "The Death Penalty is Not Civilized."
This site has a well written overview of the death penalty in Canada:http://www.amnesty.ca/deathpenalty/canada.php
Once in a while, I hear people say we should bring the death penalty back to deal with a certain alleged criminal in the media. I understand that to some people the death penalty is an attractive solution to deal with a heinous criminal that has committed unspeakable acts of brutality. My issue with the death penalty is that it really only serves one purpose – vengeance. A vengeful society is not a society that I want to be associated with.
As Canadians we should take pride in the fact that we do not have a death penalty anymore. The possibility of a wrongful conviction alone should be enough to convince any right thinking person that the death penalty is a mistake. Not to mention no matter how the state kills someone; it seems barbaric and uncivilized. The gallows or a hanging seem medieval. The electric chair and lethal injection don’t appear to be much more civilized or modern.
No matter how you look at capital punishment, it is state sponsored first degree murder. Be proud that Canada is civilized and not part of the list of countries that conduct murders of their own citizens for crimes such as murder:
Afghanistan, Antigua and Barbuda, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Botswana, Chad, China, Comoros, Democratic Republic of Congo, Cuba, Dominica, Egypt, Equatorial Guinea, Ethiopia, Guatemala, Guinea, Guyana, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, Kuwait, Lebanon, Lesotho, Libya, Malaysia, Mongolia, Nigeria, North Korea, Oman, Pakistan, Palestinian Authority, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Sierra Leone, Singapore, Somalia, Sudan, Syria, Taiwan, Thailand, Trinidad And Tobago, Uganda, United Arab Emirates, United States Of America, Viet Nam, Yemen, Zimbabwe, Afghanistan, Antigua and Barbuda, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Botswana, Chad, China, Comoros, Democratic Republic of Congo, Cuba, Dominica, Egypt, Equatorial Guinea, Ethiopia, Guatemala, Guinea, Guyana, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, Kuwait, Lebanon, Lesotho, Libya, Malaysia, Mongolia, Nigeria, North Korea, Oman, Pakistan, Palestinian Authority, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Sierra Leone, Singapore, Somalia, Sudan, Syria, Taiwan, Thailand, Trinidad And Tobago, Uganda, United Arab Emirates, United States Of America, Viet Nam, Yemen, Zimbabwe.
source: http://www.amnesty.org/en/death-penalty/abolitionist-and-retentionist-countries
Afghanistan, Antigua and Barbuda, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Botswana, Chad, China, Comoros, Democratic Republic of Congo, Cuba, Dominica, Egypt, Equatorial Guinea, Ethiopia, Guatemala, Guinea, Guyana, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, Kuwait, Lebanon, Lesotho, Libya, Malaysia, Mongolia, Nigeria, North Korea, Oman, Pakistan, Palestinian Authority, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Sierra Leone, Singapore, Somalia, Sudan, Syria, Taiwan, Thailand, Trinidad And Tobago, Uganda, United Arab Emirates, United States Of America, Viet Nam, Yemen, Zimbabwe, Afghanistan, Antigua and Barbuda, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belize, Botswana, Chad, China, Comoros, Democratic Republic of Congo, Cuba, Dominica, Egypt, Equatorial Guinea, Ethiopia, Guatemala, Guinea, Guyana, India, Indonesia, Iran, Iraq, Jamaica, Japan, Jordan, Kuwait, Lebanon, Lesotho, Libya, Malaysia, Mongolia, Nigeria, North Korea, Oman, Pakistan, Palestinian Authority, Qatar, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Sierra Leone, Singapore, Somalia, Sudan, Syria, Taiwan, Thailand, Trinidad And Tobago, Uganda, United Arab Emirates, United States Of America, Viet Nam, Yemen, Zimbabwe.
source: http://www.amnesty.org/en/death-penalty/abolitionist-and-retentionist-countries
Submitted by Weisberg, Adam [adam] on 2010/09/21 - 06:11 pm
Toronto Criminal Lawyer: "Police officers sometimes lie under oath...".
I was taught as a young child that the police are always good. That police always tell the truth and want to help everyone in their community. Unfortunately, police officers are just humans like the rest of us. Sometimes police officers lie and sometimes they cheat. The problem is that when a police officer lies under oath it shakes the public’s confidence in the justice system.
As a defence lawyer in Toronto, I have had the occasion to witness police officers come to court and in my opinion lie through their teeth.
The reasons for the lies, in my experience, are most often motivated by the police officers not wanting to let what they perceive as a “bad guy get off” on their charges and escape justice. The most common area in which I have witnessed officers lie in my opinion is on Charter applications for fear that guns or drugs or some other nefarious item may be excluded from evidence. The reason why I believe that this is the area in which lies are most common is due to the fact that police officers can justify the behaviour to themselves because the lies have an altruistic purpose in their minds.
Most officers, in my experience, are truthful and well meaning. It’s unfortunate that a few bad apples can sour an accused’s perception and trust in the justice system. It scares me as a lawyer when I perceive an officer to be less than truthful as I worry that someday a friend of mine or relative will face charges and not receive a fair trial.
The only defence to the lying police officer is a well prepared and diligent criminal defence lawyer. The only tool that we currently have which can expose lies is cross examination. It’s not a perfect science but it’s all the accused has to fight against injustice.
Submitted by Weisberg, Adam [adam] on 2010/08/16 - 06:57 pm
Toronto Humane Society Charges Withdrawn
All the criminal charges were dropped against senior staff members at the Toronto Humane Society. My client always maintained his innocence and was absolutely not directly involved in animal care. There was insufficient evidence for the Crown to proceed against Mr. Bernardino on any of the charges he faced.
The Crown Attorney's office came to the decision to withdraw the charges after meticulously examining all the available evidence provided to them by the OSPCA.
http://www.thestar.com/news/gta/article/848293--all-charges-dropped-by-crown-in-toronto-humane-society-raid?bn=1
Submitted by Weisberg, Adam [adam] on 2010/07/15 - 04:18 pm
Toronto Criminal Lawyer: "A statement or confession and nothing else can support a conviction".
In Canada an accused person can be convicted on a confession alone without any supporting evidence. Back in the early 1900’s a woman named Ms. Kersey confessed to giving birth to a child, suffocating it, and cremating the body. The Court noted “[t]here is abundant authority that a clear and unequivocal confession may be sufficient in law… [to support an accused’s conviction]”.
The Supreme Court of Canada in the fifties also upheld the principle that an accused can be convicted solely on their own confession. Numerous cases in Canada have followed this chain of reasoning that if the statement is voluntary and admissible it can support a conviction on its own. Much of the case law in Canada, while affirming the fact that a statement alone can support a conviction, suggests that the judge or jury should satisfy themselves as to the truth of the statement before finding an accused guilty.
In the United States, in many jurisdictions, some evidence that confirms the act (corpus delecti – i.e. the fact of injury) confessed to must be offered must be offered.
In many cases, lawyers will advise their clients that it is in their best interests to remain silent. This advice is not just because of the dangers of a confession. In many cases, an innocent person, can say things that will damage their case because they are scared or nervous and may mistakenly mistate times or events. These innocent mistakes can in some cases later be portrayed as intentional lies or attempts to mislead authorities.
If you are arrested or requested to attend a police station, it is advisable to immediately contact an experienced criminal lawyer so you can get the best advice.
In many cases, lawyers will advise their clients that it is in their best interests to remain silent. This advice is not just because of the dangers of a confession. In many cases, an innocent person, can say things that will damage their case because they are scared or nervous and may mistakenly mistate times or events. These innocent mistakes can in some cases later be portrayed as intentional lies or attempts to mislead authorities.
If you are arrested or requested to attend a police station, it is advisable to immediately contact an experienced criminal lawyer so you can get the best advice.
Submitted by Weisberg, Adam [adam] on 2010/07/08 - 12:44 am
Toronto Criminal Lawyer: "Be careful and diligent when selecting a criminal lawyer".
I was speaking to a prospective client the other day and thinking how difficult it must be to choose a lawyer when facing a criminal charge. In many cases it is the prospective client's first brush with the law and they just don't have the connections to the "criminal underworld' that are necessary to find out who is the best lawyer.
If I were selecting a criminal lawyer in Toronto, I would do the following:
1. Contact all friends or relatives that are lawyers and ask if they have any recommendations for a criminal lawyer. Even though your friends or relatives may not be a criminal lawyer, they will likely know criminal lawyers and have knowledge of who is reputable or at the top of the field.
2. If you don't have a friend or relative that is a lawyer then ask your friends or relatives if they know any lawyers. Contact those lawyers and ask for recommendations.
3. If you contact a lawyer that you cannot afford then ask them who they would recommend. Research the recommendations that you receive. Look online at cases that they have completed.
4. Speak to the lawyers on the phone and decide if they make you feel comfortable.
5. Go meet the lawyer you spoke with at his/her office. Make sure their office space appears reputable. See if when you speak to them they seem reasonable, articulate and intelligent. Remember this is the person that will be advocating on your behalf. I would not meet a lawyer at a courthouse, donut shop, variety store or bus stop and then give them my hard earned money.
Watch for the following:
1. Lawyers should always give you receipts for any payments received - especially cash payments.
2. A reputable lawyer will not say anything disparaging about another lawyer that you may be interested in retaining.
3. A reputable lawyer will not use sales tactics that involve time limits or deadlines for you to decide if they are the right lawyer to retain. Keep in mind, however, it is best to retain a lawyer prior to your first appearance in court.
Submitted by Weisberg, Adam [adam] on 2010/06/28 - 10:24 am
Toronto Criminal Lawyer: "police appear to have arrested many people who had no involvement with the violence that took place on Saturday in relation to the G20".
Read more: http://news.nationalpost.com/2010/06/27/toronto-courthouse-overwhelmed-by-g20-proceedings/#ixzz0tmhcp400
Submitted by Weisberg, Adam [adam] on 2010/06/17 - 04:23 am
Toronto Criminal Lawyer: "Now this is a criminal trial worth watching!"
http://cnews.canoe.ca/CNEWS/Crime/2010/06/14/14390896.html
Sexomnia? Sleep walking while beating and sexually assaulting a call girl? The verdict in this case is something to keep an eye on.
Call for a consultation:
416.603.3344
Toronto Criminal Lawyer
Adam Weisberg
6 Adelaide Street. E.
Fifth Floor
Toronto, Ontario
M5C 1H6
Telephone: 416.603.3344
FAX: 416.800.8791
Email:
