by admin | Oct 28, 2024 | Best Criminal Lawyer, Best Lawyers in Edmonton, criminal, Criminal Defence Lawyer, Criminal Lawyers
Restorative justice programs in Edmonton provide an alternative to the traditional criminal justice process. It doesn’t focus solely on the punishment. It is more focused on repairing harm by involving victims, offenders, and the community in meaningful dialogue.
These programs are often used for less serious crimes and aim to promote accountability, healing, and rehabilitation. Restorative justice can lead to positive outcomes for both victims and offenders, offering a chance to resolve issues outside of the courtroom. Kolinsky Law supports individuals exploring restorative justice options as a solution to criminal charges.
Key Takeaways
- Restorative justice focuses on healing, accountability, and community involvement.
- It provides an alternative to the traditional criminal justice system.
- Kolinsky Law helps clients access restorative justice programs in Edmonton.
What is Restorative Justice?
Restorative justice is a process that brings together all parties affected by a crime—victims, offenders, and sometimes community members. It main aim is to repair the harm caused by the crime, promote accountability, and find solutions that work for everyone involved. Restorative justice can be especially effective in cases involving minor offences or first-time offenders who are willing to take responsibility for their actions.
| Restorative Justice Elements |
Description |
| Victim-Offender Mediation |
Direct dialogue between the victim and offender to discuss the harm caused and agree on reparations. |
| Community Conferencing |
Involves victims, offenders, and community members to find a solution that repairs harm. |
| Restitution |
Offenders may agree to provide financial compensation or services to repair the damage done. |
| Apology Letters |
Offenders may write formal apology letters as part of taking responsibility for their actions. |
| Counseling and Rehabilitation |
Some programs require participation in counseling or rehabilitation to prevent future offences. |
How Restorative Justice Works in Edmonton
Restorative justice programs in Edmonton are often used as an alternative to court proceedings for less severe offences. The offender must be willing to accept responsibility for their actions and engage in dialogue with the victim. Programs may be initiated before, during, or after court proceedings, depending on the case.
Benefits of Restorative Justice:
- Victim-Centered: Allows victims to have a voice in the process and receive closure.
- Offender Accountability: Encourages offenders to understand the impact of their actions and make amends.
- Reduced Recidivism: Offenders are more likely to avoid future crimes after participating in restorative justice.
- Less Strain on the Courts: Helps reduce court congestion by resolving cases outside the courtroom.
Steps Kolinsky Law Takes to Help You Access Restorative Justice
- Evaluate Your Case: We determine whether restorative justice is a suitable option based on the nature of the offence and your willingness to take responsibility.
- Guide You Through the Process: We will help you access available restorative justice programs in Edmonton and work with you to meet program requirements.
- Support in Mediation: We provide legal guidance during victim-offender mediation sessions to ensure a fair and balanced dialogue.
- Advocate for Program Completion: If successful, we advocate for the completion of the program to be recognized as part of your criminal resolution, which may help reduce or dismiss formal charges.
Let us help you!
At Kolinsky Law, we are committed to exploring every possible legal avenue to resolve your case. Restorative justice offers a chance to repair harm while avoiding the traditional criminal justice system’s harsh penalties.
Our experienced Criminal Defence Lawyers in Edmonton will assess your case thoroughly. Then, we’ll guide you through the restorative justice process, and provide the legal support you need throughout. We know that criminal charge can have devastating affect on your life and will work hard to find the best solution for you.
If you’re facing Criminal Charges in Edmonton, Kolinsky Law can help you explore restorative justice as an alternative option. We believe in second chances and fair resolutions that promote healing and accountability for all parties involved.
by admin | Oct 24, 2024 | Best Criminal Lawyer, Best Lawyers in Edmonton, Blog, criminal, Criminal Defence Lawyer, Criminal Lawyers
White-collar crimes are non-violent offences typically committed for financial gain in business or professional settings. In Edmonton, white-collar crimes can range from fraud and embezzlement to insider trading. These crimes often involve complex investigations and severe penalties, including heavy fines and imprisonment.
If you’re facing charges related to white-collar crime, it’s crucial to understand the types of offenses and available defense strategies. Kolinsky Law is here to help you navigate this challenging legal landscape.
Key Takeaways
- White-collar crimes include offenses like fraud, embezzlement, and insider trading.
- Common defense strategies focus on
- lack of intent
- mistaken identity
- insufficient evidence
- Kolinsky Law offers expert defense for White-Collar Crime cases in Edmonton.
Common Types of White-Collar Crime in Edmonton
White-collar crimes often involve financial fraud, deception, or abuse of trust. Below are some of the most common white-collar crimes seen in Edmonton:
| White-Collar Crime |
Description |
| Fraud |
Deliberate deception for financial or personal gain, including credit card, tax, and securities fraud. |
| Embezzlement |
Theft or misappropriation of funds by someone in a position of trust, such as a company employee. |
| Insider Trading |
Buying or selling securities based on confidential information not available to the public. |
| Money Laundering |
Process of disguising the origins of illegally obtained money. |
| Bribery |
Offering or receiving something of value to influence the actions of an individual in a position of power. |
Defense Strategies for White-Collar Crime
Defending against white-collar crime charges requires a thorough understanding of the legal system and the details of the case. Here are some common defense strategies used in these cases:
- Lack of Intent: Many white-collar crimes require proof of intent. If there is no evidence that you knowingly committed the crime, this can be a strong defense.
- Insufficient Evidence: The prosecution must provide clear and convincing evidence. If the evidence against you is weak or unreliable, your charges could be dismissed.
- Mistaken Identity: In some cases, you may be wrongly accused due to mistaken identity, especially in large organizations with many people involved.
Steps Kolinsky Law Takes to Defend You
- Investigating the Case: We thoroughly investigate the charges against you, gathering all relevant facts and reviewing the evidence.
- Developing a Defense Strategy: Based on the details of your case, we create a customized defense strategy, whether it’s challenging evidence, proving lack of intent, or negotiating reduced charges.
- Negotiating with Prosecutors: If appropriate, we can negotiate with prosecutors for reduced penalties or alternative resolutions, such as fines or probation instead of jail time.
- Litigating in Court: If negotiations fail, our experienced defense team will represent you in court, fighting to protect your rights and secure the best possible outcome.
How We Can Help
At Kolinsky Law, our team of experienced White-Collar Crime Defense Lawyers in Edmonton is prepared to handle even the most complex cases. We understand the impact these charges can have on your personal and professional life, and we work diligently to protect your rights throughout the process. Whether you’re facing charges of fraud, embezzlement, or any other white-collar crime, we can provide you with a strong legal defense.
Our team is dedicated to helping clients reduce or eliminate charges through personalized legal strategies. If you’re accused of a White-Collar Crime in Edmonton, Kolinsky Law will provide you with the expert guidance and defense you need.
by admin | Sep 20, 2024 | Best Criminal Lawyer, Best Lawyers in Edmonton, Blog, criminal, Criminal Defence Lawyer, Criminal Lawyers, Cybercrime Cases, Cybercrime Defense Lawyer, Family Law Lawyer, Family Lawyer
Key Takeaways:
- Cybercrime targeting children is on the rise, with social media and online gaming being common targets
- Open communication about online safety is crucial for protecting children from cyber threats
- Parental controls and monitoring software can help but should be used in conjunction with education
- Teaching children about privacy, critical thinking, and responsible online behavior is essential
- Staying informed about the latest cyber threats and safety measures is an ongoing process for parents
Introduction
In today’s digital world, children are growing up with technology at their fingertips. While the internet offers incredible opportunities for learning and connection, it also exposes our children to new risks. Cybercrime targeting families and children is a growing concern, with threats ranging from online predators to identity theft.
This article explores the challenges families face in the digital age and provides practical advice on how to protect our children from cyber threats.
What are the most common cyber threats facing children today?
The digital landscape is filled with potential dangers for children. Some of the most prevalent threats include:
- Cyberbullying: Online harassment that can have serious emotional and psychological impacts.
- Online predators: Individuals who use the internet to exploit children.
- Identity theft: Criminals may target children’s personal information for fraudulent purposes.
- Exposure to inappropriate content: Children may accidentally or intentionally access harmful or adult content.
- Phishing and scams: Attempts to trick children into revealing personal information or downloading malware.
- Online gaming risks: Including in-game purchases and interactions with strangers.
How can parents start a conversation about online safety with their children?
Open communication is key to protecting children online. Here are some tips for starting the conversation:
- Begin early and make it ongoing: Start talking about internet safety as soon as your child begins using digital devices.
- Keep it age-appropriate: Tailor your discussions to your child’s level of understanding and online activities.
- Use real-life examples: Share news stories or personal experiences to illustrate potential risks.
- Encourage questions: Create an environment where your child feels comfortable asking about anything they encounter online.
- Set clear guidelines together: Involve your child in creating family rules for internet use.
What role do parental controls and monitoring software play in online safety?
Parental controls and monitoring software can be valuable tools in protecting children online. These tools can:
- Filter inappropriate content
- Set time limits on device usage
- Monitor online activities and social media interactions
- Block dangerous apps or websites
However, it’s important to remember that these tools are not foolproof and should be used in conjunction with education and open communication. Overreliance on monitoring can potentially damage trust between parents and children.
How can we teach children to protect their privacy online?
Teaching children about online privacy is crucial in the digital age. Here are some key lessons to impart:
- The permanence of online information: Explain that anything posted online can potentially stay there forever.
- The importance of strong passwords: Teach children how to create and maintain secure passwords.
- Personal information protection: Guide them on what information is safe to share online and what isn’t.
- Social media privacy settings: Show older children how to use privacy settings on their social media accounts.
- The risks of oversharing: Discuss the potential consequences of sharing too much personal information online.
What skills do children need to navigate the digital world safely?
To stay safe online, children need to develop several crucial skills:
- Critical thinking: The ability to question the authenticity of online information and recognize potential scams.
- Digital literacy: Understanding how digital technologies work and how to use them responsibly.
- Empathy and respect: Recognizing that their online actions can affect real people.
- Self-regulation: The ability to manage their own online behavior and screen time.
- Problem-solving: Knowing what to do and who to turn to when they encounter issues online.
How can families stay updated on the latest cyber threats and safety measures?
Staying informed about cybersecurity is an ongoing process. Families can:
- Follow reputable cybersecurity blogs and news sources
- Attend workshops or webinars on online safety
- Regularly check for updates from their children’s schools about digital safety programs
- Join online communities or forums for parents discussing cyber safety
- Stay in touch with other parents to share information and experiences
Conclusion
Protecting our children in the digital age is a complex but crucial task. By fostering open communication, teaching essential skills, and staying informed about the latest threats and safety measures, we can help our children navigate the online world safely and confidently.
Remember, the goal isn’t to instill fear but to empower our children with the knowledge and skills they need to make smart choices online. As parents, we play a vital role in guiding our children through the digital landscape, helping them harness the benefits of technology while avoiding its pitfalls.
By working together as a family and staying vigilant, we can create a safer digital environment for our children to learn, grow, and thrive in the modern world.
Contact Kolinsky Law Today!
At Kolinsky Law, we understand the legal implications of cybercrime and its impact on families. As experienced Criminal Defence Lawyers in Edmonton, we’re committed to protecting the rights of individuals and families affected by online crimes. If you or your child have been a victim of cybercrime, or if you’re facing charges related to online activities, our team is here to help.
Our Best Criminal Lawyers in Edmonton have extensive experience dealing with various aspects of cybercrime, including:
- Identity theft
- Online harassment and cyberbullying
- Internet fraud
- Child exploitation cases
We offer compassionate, professional legal advice and representation to help you navigate these complex issues. Whether you need guidance on reporting a cybercrime, understanding your legal rights, or defending against charges, Kolinsky Law is here to support you and your family.
Don’t hesitate to reach out if you need legal assistance related to cybercrime or any other criminal matter. Our team of dedicated Best Criminal Defence Lawyer in Edmonton is ready to provide the expert legal support you need in these challenging situations.
Get in touch today!
by admin | Jun 30, 2021 | Blog, criminal
Going to court without the support of a civil litigation lawyer places you at a disadvantage. Even if the facts are on your side, you may not succeed at articulating them well. You could get distracted by unfamiliar court procedures. The intense emotional and financial stakes of your case could throw you off track when responding to questions from the judge. Civil lawyers insulate you from these pressures and help you present your position with clarity and legal precision.
What’s a Civil Dispute?
A civil dispute refers to a legal question that does not involve criminal charges. Private individuals and businesses or organizations can bring civil lawsuits against other parties over matters of civil law. This differs from criminal cases that must be initiated by government authorities.
Civil disputes encompass numerous areas of law. Examples of civil cases include breach of contract, personal injury, estate litigation, and family law matters related to divorce and child custody and support.
Who Needs a Civil Lawyer?
Answering this question ties into the question of what is a civil litigation lawyer? These lawyers possess the training and experience to research your legal arguments, prepare court filings, and present your case at trial. They are known as litigators because they represent clients in civil cases as opposed to barristers who represent criminal defendants in criminal court. Of course, a lawyer may work in both capacities. The terms are used to differentiate between civil and criminal functions.
Knowing what a civil litigation lawyer is introduces you to the many duties that the litigator can perform on your behalf. When you wonder if I need a lawyer for a civil suit, the answer could very well be yes if you anticipate going to court. A civil matter, like a divorce or child custody dispute, may rely on thoroughly communicating your rights and the benefits to the family.
Why Do I Need a Lawyer for a Civil Suit?
A lawyer can identify the laws that support your position and cite them to a court in Edmonton. These legal arguments need to be communicated in written court filings and verbal presentations in court. Without legal representation, you may not be aware of every law or precedent that you could leverage to your advantage. As a result, you could miss opportunities to advance your agenda.
What Does a Civil Lawyer Do?
Knowing what lawyers do in civil cases will help you appreciate how much work is necessary to prepare for court. Civil cases move through three main stages that are pleadings, discovery, and trial. The lawyer files the pleadings with the court that explain the plaintiff’s or defendant’s case.
During discovery, both sides must share their evidence. A civil litigation lawyer could explain what you must disclose and then organize this information for sharing. The lawyer will also scrutinize the evidence provided by the other side and develop arguments to minimize it.
At the trial, your lawyer would present your evidence. Some cases are decided by judges while others involve a jury. Either way, the presentation of the case must resonate with the decision maker. If you’re the plaintiff, you bear the burden of proving your legal point. If you’re the defendant, your lawyer would strive to promote your side and diminish the arguments made by the plaintiff. Cross examination of the witnesses for the opposing side by your lawyer could potentially reveal weaknesses in the case.
Keep in mind that what lawyers do in civil cases may also include negotiating a settlement prior to going to trial. This is actually a common occurrence. According to the Department of Justice, 98% of civil suits do not go to trial. This happens because one side drops the suit or the lawyer manages to negotiate a resolution acceptable to the client.
7 Reasons to Hire a Civil Litigation Lawyer in Edmonton
A closer look at what a civil lawyer does will help you understand the potential benefits of hiring a professional trained to assert your legal rights.
- Find out how strong your case is
Your desire for a specific outcome may outweigh the evidence in your favor. A case evaluation by a lawyer will inform you about the legal arguments that could help your cause. Consulting a lawyer lets you learn your odds of succeeding in court. This essentially controls your risk so that you avoid forging ahead with a weak case that could cost you money.
- Protect your financial interests
Although hiring a civil lawyer represents a cost, you could view it as an investment. The lawyer’s services may result in protecting your interests during the division of assets necessary for a divorce. You may avoid unnecessary losses when you can defend your rights. Additionally, a fair and accurate calculation of child support or spousal support will have a long-term influence on your financial life.
- Protect yourself from self-incrimination
Although you are not a criminal defendant, you may disclose information in error that threatens your legal position. A lawyer could speak on your behalf with deliberate and measured statements. Unfortunately, when speaking for yourself, your emotions could derail the point that you wish to make.
- Outsource difficult and complicated legal paperwork
Many intelligent people may possess the grit and determination to represent themselves. However, the work of going to court can be both time consuming and tedious. Even diligent research on your part may not protect you from making a paperwork mistake. By shifting this work to a lawyer, you could increase the accuracy and thoroughness of your legal filings. Additionally, you spare yourself from hours upon hours of labor so that you can focus on family, career, business, or leisure.
- Access legal experience
On top of procedural and paperwork experience, a civil lawyer who practices in Edmonton, Alberta, will know the judges in the area. Knowledge of judges’ views, tendencies, and dislikes accumulates over years of interacting with them in local courts. Familiarity with judges helps lawyers frame their presentations in ways that appeal to judges’ sensitivities.
- Improve negotiations
As was mentioned, civil litigation does not always culminate in a trial. The opposing parties have the option of reaching a settlement prior to trial. Coming to terms outside of court protects you from the unknown factors of how a judge or jury might decide the case. A lawyer could help you focus on what could be acceptable instead of what would be ideal. Successful negotiations save you time and money while reducing risk.
- Prepare you to meet an opposing party with a lawyer
If the party that you are planning to oppose has a lawyer, then you need a lawyer to be on equal footing in court. Civil disputes are adversarial matters, and you want to be ready to rebut the allegations and evidence that might be aimed at you by another lawyer.
How to Find a Good Civil Lawyer in Edmonton
To hire a lawyer, you should meet with lawyers in Edmonton who practice in the area of law applicable to your case. At Kolinsky Law, family law is one of our primary areas of practice. If you are in the midst of a contested divorce, the Queen’s Bench of Alberta may ultimately decide the division of property, child custody, and child support or spousal support orders.
Talk to us today so that we can outline your legal options and best strategies. Our expertise and dedication to your case could spare you from stress and unnecessary costs. Contact our office today.
by admin | Jan 13, 2021 | criminal
When a person is arrested, they can be held in custody, or released into the community after signing a Promise to Appear. A Promise to Appear is a legally binding document that will list a court date that they must attend. Attending one’s court date is a serious matter that can affect later judgments related to one’s case. Once a court date is missed, a warrant may be issued for a person’s arrest, and they may be charged with Failing to Attend Court. It can also affect your ability to gain bail.
When happens if I miss court for the first time?
When you miss your first court date, there are a few possibilities available to the court.
- Adjourn the matter to a later date.
- Note accused person’s lack of attendance and adjourn for a later date: the notation will be read by the court at that later date, and taken into consideration.
- Issue a bench warrant for the person’s arrest, but not release it to police until the person has the opportunity to cancel the warrant. This is called a discretionary bench warrant. It gives the person one chance to appear at the later date and avoid being arrested and charged with Failing to Attend Court. The warrant will be cancelled if they appear at their next court date.
- Issue a bench warrant for the person’s arrest and charge them with Failing to Attend Court. The warrant is released to the police who will then execute the warrant and arrest the person.
A charge for Failing to Attend Court is quite serious, and can lead to additional jail time. It can also affect your ability to get bail when you do appear in court. There may be a higher cost associated with gaining bail, or you may need a surety. You may not even be granted bail. Navigating the legal system is much more difficult when you are held in custody as opposed to being free in your community.
What if I need to miss my court date for a good reason?
Let the court know. You cannot just choose to not show up. Tell the lawyer so that they can represent you if you are unable to appear, as sometimes they can handle the more routine appearances. The lawyer can advise you on when you should be appearing and when it is possible to not attend court. The more important appearances would be for setting a date for trial, entering a plea, or the day of your trial. The important thing is to always ensure that your lack of appearance is communicated with the court.
If you have an emergency or obligation that cannot be changed for an important court appearance, you must have documentation to back it up, such as a doctor’s note for a medical appointment.
If you do not have a lawyer, communicate your inability to attend to the Duty Counsel who will be able to communicate it with the court.
What happens when I miss court the second time?
The court will issue a warrant for your arrest and you will be charged with Failing to Appear.
You have a couple options when the warrant is issued. You can attempt to have the warrant revoked or cancelled, or you can turn yourself in. If only a short period of time has passed, you may have an opportunity to get the warrant cancelled, as long as you are able to provide a lawful excuse. Lawful excuses include the death of a family member or illness. Gather documentation to back up your excuse.
What should I do after the fact?
If you find out that you have missed a court date, contact a lawyer. They can call the courthouse and talk to the clerk. They can also find out if there is a bench warrant or a discretionary warrant for your arrest. If not, they will find out your next scheduled court date and you must make certain you can attend. Bring any documentation you have to back up your excuse for not attending.
If there is a warrant, the lawyer can see if you will be able to get it revoked or cancelled. They can advise you of the next best steps, and whether or not you will be able to get the warrant cancelled.
If not, prepare to turn yourself in. It is difficult to be able to prepare for your next court dates and bail release from inside jail. Write down important phone numbers, especially of people who would be able to act as a surety for you at your bail hearing.
Make sure that you attend your court dates and communicate with the court when you have a good excuse for not attending. Not showing up for your court dates will only hinder your ability to navigate through the legal system and make your situation more difficult in the long run.
References:
Criminal code: https://laws-lois.justice.gc.ca/eng/acts/C-46/section-145.html
I missed my court date. What happens now?
by admin | May 29, 2020 | criminal
Drug charges are very serious. While many people believe that possessing a small amount of an illegal substance or recreational usage of illegal substances won’t do any harm, they are greatly mistaken. When someone is convicted of a criminal offence under the Controlled Drugs and Substances Act (CDSA), it can have significant consequences on their lives in many ways from social stigma, to travel and employment.
The most significant way their lives can be affected is not being able to obtain employment. Most, if not all jobs require background checks and require a clean record to be maintained. Therefore, a conviction such as drug trafficking will jeopardize their ability to get or maintain a job, and could destroy their careers. There may also be consequences for international travel. While drug trafficking offences should not affect domestic travel, every country has its own laws and eligibility criteria for entry.
Book Consultation
Which substances are listed in the CDSA?
The CDSA lists a variety of illegal substances including opium, heroin, cocaine morphine, Marijuana, methadone, “magic mushrooms” and more. These substances are completely banned in Canada. Possession of these substances in any amount is illegal.
Not all Drug Offenses are Considered Equal
There are different levels of drug-related offences under the CDSA. The courts generally distinguish between the levels based on their seriousness.
- Simple Possession
- Possession for the Purpose of Trafficking
- Trafficking
- Importing and Exporting
- Production
If convicted of one of the above offences, the sentence you receive will be determined based on several factors including:
- The offender’s prior record
- The offender’s level in the drug organization
- Number of transactions (sales)
- Whether the offense was planned in detail or out of impulse
- Quantity seized
- The type of drugs trafficked and whether it was one or more types.
It is important to note: sympathy from courts may be more likely given if the offender is supporting an addiction. Where the offender is not addicted, there may be less sympathy.
What is the Process When Charged with Drug Trafficking?
After being arrested and taken to the police station, the police will do one of two things. Either they will hold an offender in custody or release them. It is important that an experienced criminal lawyer is contacted at this point.
If the offender is released from the custody of the police, they will be given a notice as to when they must next appear in court. The trial will be scheduled for a future date.
What You Should Know About Crown Prosecutors who deal with drug offences
The Crown Attorney’s Office prosecutes almost all criminal offenses in Canada. However, drug-related offences are prosecuted by the Public Prosecution Service of Canada. This means that drug prosecutors are more knowledgeable and more specialized in prosecuting drug-related offences.
How to Beat Drug Charges
In order for the accused to be charged with a drug-related offence, the Crown must prove without a doubt:
- That the accused was actually in possession of the prohibited drug
- That they knew the drug they possessed was prohibited
- That they intended to possess the prohibited drug
- That the drug is actually prohibited under the CDSA
The best way to beat a drug trafficking charge is to hire a criminal lawyer at the earliest possible chance. Criminal lawyers are experts in their field and can help to get the best possible result for the accused.
How Can Kolinsky Law Help?
The criminal lawyers at Kolinsky Law are knowledgeable and will be able to help you navigate the process from arrest to trial. Being charged with a criminal offence is a life-changing event that you will not have to face alone. The goal of our practice is to help you avoid criminal convictions and avoid any result that will be detrimental to your life and your future.
