Brampton Criminal Defence Lawyer
Facing a Criminal Charge in Brampton, Ontario? You’re in the right place.
This article lays out a number of important pieces of information that will get you pointed in the right direction in moving forward with your case, and having some peace of mind after the stress you took on when arrested.
After reviewing this article, your next key step is to consult with a Brampton Criminal Defence Lawyer. Andrew Captan is an experienced Toronto and Brampton Criminal Defence Lawyer, and offers free consultations. Call him at (647) 878 – 6355.
Introduction
Brampton, Ontario is home to over 600,000 people and is a growing suburb of Toronto. With the influx of people has come an influx of criminal activity.
In fact, Brampton’s crime rate has jumped nearly 25%.
A Brampton Criminal Defence Lawyer, as a result, will typically operate a busy practice, defending individuals charged by Peel Regional Police with a wide array of offences:
- Impaired Driving (DUI): With increased RIDE programs, DUI charges have become more prevalent. Convictions can lead to fines, license suspensions, and even imprisonment.
- Assault and Domestic Violence: These charges require sensitive handling, especially when family dynamics are involved.
- Drug Offences: Ranging from possession to trafficking, drug-related charges carry significant penalties.
- Theft and Fraud: Property crimes can impact one’s employment prospects and personal reputation.
- Weapons Offences: Charges related to illegal possession or use of weapons are treated with utmost seriousness.
Who Polices Brampton, Ontario
The Peel Regional Police is the police body who oversees the city of Brampton. There are 4 main police divisions in Brampton, ON:
Caledon, an adjacent township, is policed by the OPP (Ontario Provincial Police).
Accordingly, if you are being investigated for a crime in Brampton, chances are it is one of the divisions above who oyu will deal with.
A Brampton Criminal Defence Lawyer will be familiar with these divisions and the officers located in them. If you receive a call from Peel Regional Police, your next best move is to reach out to a Brampton Criminal Lawyer to seek advice.
Understanding the Role of a Brampton Criminal Defence Lawyer
A Brampton Criminal Defence Lawyer serves as the cornerstone of the justice system, ensuring that individuals accused of crimes receive a fair trial and that their rights are protected throughout the legal process. Their responsibilities include:
- Legal Representation: Advocating on behalf of the accused in court proceedings.
- Case Analysis: Scrutinizing evidence, identifying inconsistencies, and formulating defence strategies.
- Negotiation: Engaging with prosecutors to negotiate plea deals or reduced charges when appropriate.
- Guidance: Providing clients with informed advice on legal options and potential outcomes.
The Legal Landscape in Brampton
Brampton’s legal proceedings are primarily conducted at the A. Grenville & William Davis Courthouse, located at 7755 Hurontario Street. This courthouse handles cases from Brampton, Mississauga, Caledon, and other areas within the Peel Region. Given the volume and variety of cases, the court system here is both busy and complex.
Selecting the Right Criminal Defence Lawyer
Choosing the appropriate legal representation can significantly influence the outcome of a case. Here are key factors to consider:
1. Experience and Specialization
It’s essential to select a lawyer with substantial experience in criminal law, particularly in cases similar to yours.
2. Reputation and Track Record
A lawyer’s reputation can be indicative of their competence — review the lawyer’s online profile, reviews and disciplinary record.
3. Personalized Attention
Ensure that the lawyer is committed to understanding your specific circumstances and tailoring a defence strategy accordingly.
4. Communication and Accessibility
Open and transparent communication is vital. When consulting with a lawyer, speak to them about their approach on communication.
5. Cost
Understanding the fee structure is crucial. Be aware of any hidden fees or increases in fees that may occur so you’re not surprised at any point after retaining a Brampton Criminal Defence Lawyer.
A Description of the Court Process in Brampton, Ontario
Background
The Ontario Court of Justice is a statutory court with jurisdiction derived from the Criminal Code and other statutes. It handles a variety of matters, including criminal, family, and provincial offences.
In criminal matters, the Ontario Court of Justice has jurisdiction over preliminary hearings, case management, and trials. Judges in this court have the inherent jurisdiction to control the process of the proceedings before them, ensuring that the process is fair, effective, and efficient R. v. Newburgh, [2015] O.J. No. 6988, Chatur v. De Los Reyes, [2012] O.J. No. 2690. The court also has the implied power to control its own process, which is necessary for the effective and efficient disposal of applications and other remedies Chatur v. De Los Reyes, [2012] O.J. No. 2690, Children’s Aid Society of Toronto v. N.E., [2023] O.J. No. 1592.
The court’s procedural rules, such as the Criminal Rules of the Ontario Court of Justice, govern the administration of criminal proceedings. These rules emphasize the importance of conducting proceedings justly and efficiently, considering factors such as the rights of the accused, the interests of witnesses, and the gravity of the offence R. v. W.V., [2016] O.J. No. 684, R. v. Conley, [2018] O.J. No. 3580, R. v. Kukemueller, [2017] O.J. No. 1629.
The court also handles youth justice matters under the Youth Criminal Justice Act and the Provincial Offences Act Brantford (City) v. Doolittle, [2024] O.J. No. 4454, Solda v. The Corporation of the City of Brampton [Indexed as: Solda v. Brampton (City)], 82 O.R. (3d) 312.
Overall, the Ontario Court of Justice plays a crucial role in the administration of justice in Ontario, with a focus on fairness, efficiency, and the effective management of its proceedings R. v. Newburgh, [2015] O.J. No. 6988, Chatur v. De Los Reyes, [2012] O.J. No. 2690, Children’s Aid Society of Toronto v. N.E., [2023] O.J. No. 1592.
The Criminal Court Process
The criminal court process in Ontario involves several key steps, beginning with the commission of a criminal offence and culminating in a trial or other resolution. The process can be broken down into distinct phases: the commission of the offence, the pre-trial procedures, the trial, and post-trial procedures.
Initially, the process begins with the commission of a criminal offence, which is an act prohibited under the Criminal Code. Following this, the accused may be arrested and charged, leading to the pre-trial phase. During the pre-trial phase, several activities take place, including judicial pre-trial conferences where timelines for the exchange of materials and the hearing of applications are set, and further pre-trials may be scheduled if necessary Criminal Code: Criminal Rules of the Ontario Court of Justice, SECTION 4.2 Judicial pre-trial conference, Criminal Code: Criminal Rules of the Ontario Court of Justice, SECTION 4.2 Judicial pre-trial conference.
The trial phase involves the selection of a jury, if applicable, and the presentation of evidence by both the prosecution and the defence. The trial judge manages the proceedings, ensuring that the trial is conducted fairly and in accordance with the law. The trial concludes with a verdict, which may result in a conviction or acquittal R. v. Kokopenace, [2015] 2 S.C.R. 398.
Post-trial procedures include sentencing if the accused is found guilty. The sentencing phase involves the judge determining the appropriate punishment based on the nature of the offence and other relevant factors. In some cases, there may be appeals or applications for a stay or suspension of the sentence, particularly if the accused is dealing with issues such as addiction or other hardships Criminal Code: Criminal Proceedings Rules for the Superior Court of Justice (Ontario), RULE 41.03.
A Brampton Criminal Defence Lawyer can assist you in navigating this process, since you will be unfamiliar with it, even if you’ve been charged before.
Potential Punishments in Brampton, Ontario
When you consult or retain a Brampton Criminal Defence Lawyer, one of your first questions should be “What is the best case and worst case scenario for me”. The lawyer, then, can lay out the range of punishments if you are found guilty / plead guilty to you charges. The following is a summary of potential sentences that a Judge can impose.
Under the Criminal Code of Canada, judges have a range of sentencing options available to them, depending on the nature and severity of the offence. These options include imprisonment, fines, conditional sentences, and discharges.
Imprisonment is a common form of punishment, and the length of the sentence can vary based on the offence. Some offences carry mandatory minimum sentences, while others allow for judicial discretion within prescribed limits. For example, certain serious offences such as murder have mandatory minimum sentences, while other offences may have maximum penalties specified without a minimum term GENERAL SENTENCING PRINCIPLES, R. v. Ferguson and the Search for a Coherent Approach to Mandatory Minimum Sentences under Section 12, (2008), 42 S.C.L.R. (2d) 459 – 478.
Fines can be imposed either alone or in conjunction with other sentences. The amount of the fine is typically determined by the judge based on the circumstances of the offence and the offender’s ability to pay.
Conditional sentences allow offenders to serve their sentences in the community under strict conditions, rather than in prison. This option is available for offences that do not carry a mandatory minimum sentence and where the judge believes that serving the sentence in the community would not endanger public safety An Act to amend the Criminal Code (conditional sentence of imprisonment), S.C. 2007, c. 12, [BILL C-9, 2006].
Discharges, both absolute and conditional, are available for less serious offences. An absolute discharge means that the offender is deemed not to have been convicted, while a conditional discharge requires the offender to comply with certain conditions for a specified period. If the conditions are met, the discharge becomes absolute.
In addition to these options, judges may also impose intermittent sentences for terms of imprisonment of 90 days or less, allowing the offender to serve the sentence on weekends or other specified times.
Overall, the sentencing principles and objectives set out in section 718 of the Criminal Code guide judges in determining the appropriate sentence, taking into account factors such as denunciation, deterrence, rehabilitation, and the protection of the public: R. v. Bannon, [2011] O.J. No. 2620.
Securing Variations of Your Conditions in Brampton, Ontario
To secure a variation of release conditions in the Ontario Court of Justice, you must follow a specific legal process. The initial step involves making an application to the court that issued the original release order. This application should clearly outline the reasons for the requested variation and provide any supporting evidence that justifies the change in conditions.
In some cases, the Crown’s consent may be required for the variation. If the Crown consents, the process can be more straightforward, and the variation may be granted without a formal hearing. However, if the Crown does not consent, a formal hearing will be necessary where both parties can present their arguments R. v. Taylor, [2005] O.J. No. 1789, R. v. Gordon, [1998] O.J. No. 4838, R. v. Mulawyshyn, [2006] O.J. No. 5128.
The court will consider several factors when deciding whether to grant the variation, including the necessity and reasonableness of the current conditions, the applicant’s compliance with the conditions to date, and any changes in circumstances that warrant a modification. The applicant must demonstrate that the variation is justified and that it will not compromise public safety or the administration of justice R. v. Assadi, [2024] O.J. No. 3305, R. v. Ford, [1998] O.J. No. 3725, Harkat v. Canada (Minister of Citizenship and Immigration), [2007] F.C.J. No. 540.
It is also important to note that the Ontario Court of Justice does not have the authority to vary orders issued by the Superior Court of Justice. Therefore, any application to vary conditions must be made to the appropriate court that issued the original order Dobert v. McCulloch, [2008] O.J. No. 5414.
In summary, securing a variation of release conditions involves making a formal application to the court, potentially obtaining the Crown’s consent, and demonstrating that the variation is justified based on changes in circumstances or other relevant factors R. v. Taylor, [2005] O.J. No. 1789, R. v. Gordon, [1998] O.J. No. 4838, R. v. Mulawyshyn, [2006] O.J. No. 5128.
Consult with a Brampton Criminal Defence Lawyer to determine whether any of your release conditions can be made less strict, and how to initiate that process.
Andrew Captan – Brampton Criminal Defence Lawyer
Andrew Captan is an experienced Criminal Defence Lawyer in Brampton and has been appearing at 7755 Hurontario St Court since his call to the bar in 2011. With over 13 years of criminal defence experience, he will bring a wealth of knowledge to your case. For a free case review, call him at (647) 878 – 6355 or visit his website HERE.
