by admin | May 29, 2020 | Best Criminal Lawyer, Best Lawyers in Edmonton, Criminal Defence Lawyer, Criminal Lawyers, Drug Charges Lawyer
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.
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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.
by admin | Apr 7, 2020 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
Everyone knows that you should never drive drunk. If you drink, leave your keys and take a cab. We hear this over and over again on commercials, radio ads and see this very message posted in bars and pubs.
What happens if you do not think you are drunk? What happens if you think you can handle driving home? What happens when you see those red and blue lights flashing in your rear-view mirror? There are different degrees of impairment that some may find confusing but it’s best to know what they mean in advance to find out what your rights are when it comes to driving and alcohol consumption.
As a prominent example, it is not uncommon for the terms “Impaired Driving” and “Driving Over 80” to be confused. The reason is that both these charges are often laid together but they have different meanings.
Driving Over 80:
It is a criminal offence in Canada to operate a motor vehicle when the Blood Alcohol Concentration (BAC) is more than 80mg of alcohol per 100 mL of blood.
Blood alcohol concentration depends on a number of factors including how much alcohol was consumed, how much time has passed since the most recent drink, gender, weight, how the body absorbs alcohol and eliminates it.
Impaired Driving:
Impaired driving does not depend on the blood alcohol level at all. It simply means that the driver’s ability to operate the motor vehicle was impaired by alcohol or drugs.
Federal Consequences:
What is confusing is that someone may be charged with impaired driving when their BAC is below 80mg. At the same time, another driver may be charged with Driving Over 80 but not be impaired at all. This really comes down to alcohol tolerance. In fact, toxicologists have found that some people may be impaired from less than 50mg of alcohol per 100mL of blood while others can tolerate much higher than 80mg of alcohol per 100mL before becoming impaired.
If the driver is found to have a Blood Alcohol Concentration over 80mg, they will be charged with that. If their BAC is below 80 but there is evidence of impairment including weaving, or an accident then they will face an Impaired Driving Charge.
If you are found guilty of criminal-level impaired driving (Over 80), you may be required to:
- Complete a driving prohibition. The prohibition time may vary depending on the offence.
- Pay fees such as reinstatement fees.
- Complete remedial education courses.
- Successfully participate in the Mandatory Interlock Program.
- Successfully complete a roadside test.
Provincial Consequences:
In Alberta, like most provinces, if a driver is found to have a blood alcohol concentration of 0.050 and 0.079 they will face Provincial consequences.
1. First time within a 10-year period:
- an immediate 3-day driver’s license suspension
- a 3-day vehicle seizure
2. Second time within a 10-year period:
- an immediate 15-day driver’s license suspension
- a 7-day vehicle seizure
- Crossroads course
3. Third and subsequent times within a 10-year period:
- an immediate 30-day driver’s license suspension
- a 7-day vehicle seizure
- IMPACT program
How Can Kolinsky Law Help?
Our dedicated team of criminal lawyers work to help those charged with a crime and provide them with legal advice. In cases of Impaired Driving or Driving Over 80, the penalties can be serious. This is where we come in. The lawyers at Kolinsky Law have what it takes to guide you through the process and work to get you the best possible results.
by admin | Mar 16, 2020 | Blog, Child Custody, Child Custody Lawyer
When a married couple decides to end their marriage, it inevitably impacts both parties. When a couple files for divorce, the parties that are impacted, with little or no say in the matter, are the children. This is where the courts step in to ensure that the children have a strong voice and that all matters are dealt with while keeping the best interests of the child in mind.
What Does ‘The Best Interest of the Child’ Mean?
The Family Law Act requires all decisions that involve children be made in the child’s ‘best interests’. In fact, all family laws are based on this principle. The question is, what does that mean? Simply put, decisions are to be made with the intention of having the best possible outcome for the child. The Family Law Act also, requires that judges and law enforcers ensure the safety of a child emotionally, physically and psychologically.
What Factors Do the Courts Consider?
At this point in time, the federal Divorce Act does not stipulate the exact factors for determining what is best for children. The reason for this is how unique each case actually is and the fact that listing factors does not increase the predictability of the outcomes in court. There are, however, many factors that are considered to determine the ‘best interest of the child,’ even if they are not formally outlined in the Act:
- the child’s perspectives
- the child’s own history
- the child’s cultural, religious and spiritual upbringing
- the benefit to the child by developing a strong relationship with both parents
- the ability and willingness for the parents to care for the child
- any family history of violence or abuse
- any criminal proceedings
How Do Courts Determine the Children’s Perspectives?
Anything that a parent or court will decide can have a direct impact on a child. There are different ways some courts may use the input of the child in the legal proceedings to help assess their best interests. Depending on the child’s age and maturity, there is the possibility for them to be heard in any judicial or administrative proceedings which directly affect the child. This hinges on recognizing that children are not only capable of forming meaningful opinions on decisions that could alter their lives, they ought to be listened to by the powers which seek to protect their best interests. Of course, the opportunity for them to do this varies depending on the court and the province; however, the two most common options available are:
- A child advocate or lawyer hired to represent the child
- A child psychologist who interviews the child and prepares a report about their findings
How Kolinsky Law Can Help:
Family Law is one area of specialisation for the lawyers at Kolinsky Law. We specialise in all matters related to divorce including custody, child support, child protection, spousal support and more. We believe that children need their voices heard and we work to ensure that while the divorce process is difficult, the child’s best interests are put above all.
by admin | Jan 8, 2020 | Annulment, Blog
There seems to be a lot of confusion regarding the difference between an annulment and a divorce in Alberta but the distinction is not as puzzling as it seems. If you find your marriage is over and you are looking at your options for legally ending it, depending on your circumstances, you may be eligible to annul the marriage immediately. In this article, we explore the differences between both, along with reasons for them. As always, we do suggest hiring a family/divorce lawyer to help you navigate all of the formalities of the legal system and explore the best options for you and your family.
What is a marriage annulment?
It is essentially a court order which states that your marriage either did not exist or was not valid. In an annulment, the marriage ends immediately once the court order has been issued. Consulting with an experienced family lawyer who has practiced in Alberta and is well-versed in the system here is your best option for discussing the possibility of an annulment versus a divorce. While an annulment may not always be granted, below are some of the circumstances that may qualify:
- Second marriages: If your spouse was already married to another person when they entered into marriage with you, your marriage is not considered valid.
- Duress: If you were forced to marry your spouse under threat of physical violence or under duress, you may qualify for an annulment as marriage must be entered into by consenting individuals.
- Intoxication: If you were under the influence of alcohol or drugs at the time of your marriage ceremony, you may qualify for an annulment.
- False Identity: If you thought you were marrying someone and they turned out to be a different person, the legal contract of marriage in which you entered with them is considered voidable.
- Consummation: If your spouse is unable to consummate the marriage and you were unaware of this prior to the ceremony, you may qualify for an annulment.
- Parental consent: If you were under the legal age of 18 when you got married and you did so without parental consent, an annulment order could be possible to obtain.
- Kinship: If you and your spouse are too closely related, you may qualify for an annulment to void the marriage immediately.
- Prerequisites: If your marriage ceremony did not include the essential requirements for Alberta, by law, such as having two witnesses, it is possible you could qualify for an annulment.
What is a religious annulment?
It is important to note that annulments granted by a religious institution are not the same as legal annulments. It is only valid within the religion itself – a legal marriage is otherwise considered to remain intact unless you access the appropriate legal channels to obtain a legal annulment from a judge or you get divorced. This is important, as well, in the case of spouses who religiously annul and then wish to remarry other people. Without a legal annulment or divorce of the first marriage, the second legal marriage will not be considered valid and is voidable.
What are my responsibilities after an annulment?
It does not mean that spouses are absolved of either their status as parents or that they cannot bring forth claims against one another as it pertains to property and support. Such claims can be brought forward about the following:
- The division of property and assets
- Spousal support
- Child support or custody
It is also possible that, at the time of annulment, the court can issue orders pertaining to finances, property distribution and/or custody. Your best option, as mentioned above, is to enlist the services of a quality family lawyer to help make decisions about how to best end your marriage and assist you throughout that process.
Getting a lawyer for your family law needs
If you still don’t know whether pursuing a divorce or a marriage annulment is best for you, a family lawyer from Kolinsky Law can help you determine the best option for your circumstances. They will help you weigh the pros and cons of each option, always directing you to the very best choice for your particular circumstances. The family lawyers at Kolinsky Law know the Alberta system well and have years of experience in serving Albertan families. Call today to set up a consultation.
by admin | Dec 24, 2019 | Best Criminal Lawyer, Blog, Criminal Defence Lawyer, Criminal Lawyers
Avoiding criminal activity is a priority for most people; however, whether or not someone has actually committed an offence, there is the possibility that they could face criminal charges. As such, people may not know exactly what process they will go through in being arrested and potentially charged for the crime. The following steps give a general guide to what happens when you are arrested for a criminal offense. There is also a quality handbook offered by Alberta Crown Prosecution Service. Without a doubt, hiring a criminal defence lawyer will be the best course of action in your case. Of course, every case is unique and will depend on its own facts.
Arrest and Bail Hearing
An arrest occurs when one of three circumstances is present: a police officer observes a crime in action, a police officer has reasonable and probable grounds to believe that someone has or is about to commit a crime, or a warrant has been issued by a judge or a magistrate which identifies the charge for someone to be taken into custody. In some circumstances, people who are going to be charged with an offence are asked to turn themselves into a police station.
The person who has been arrested or turned themselves in will have to complete certain procedural requirements such as attending for fingerprinting and photographing at the police department at a later date. They can sometimes be held in police custody until a hearing is held or while charges are decided; however, in certain circumstances, they may be released on bail (following a bail hearing or “judicial interim release”). A person has the right to contact legal counsel on arrest or detention and it is suggested that they do so immediately.
To be released on bail, it has to be shown that you are not a threat to public safety and that you will show up to your court appearances. In some circumstances, especially to maintain public confidence in the judicial system, people will continue to be held until their first appearance in court. If you are permitted to be released, the judge or justice of the peace may impose restrictions on you, including being supervised and/or paying a fine to the court for release. If you are let out on bail, you will be provided with a document (an appearance notice, promise to appear, summons, or recognizance) that will give you the information you need about appearing in court.
First Appearance, Election and Pleas
First Appearance
Once you have been charged for an offence, you will need to appear in court. If you have not already hired a lawyer, you will want to do that before your first appearance, so they have ample time to familiarize themselves with your case. Your lawyer can contact the prosecutor’s office to obtain the investigation file detailing the charges against you and what evidence is available before going to trial.
Your first appearance will always take place in a provincial court in front of a provincial court judge. You should arrive at the courtroom at least 15 minutes prior to your scheduled time, as specified on your document. If you have not been let out on bail, you will be brought to the court at the appropriate time by law enforcement. When the clerk calls your name, you will be expected to stand in front of the judge. Sometimes, at this point, the charges against you to
Election
You will then have to make an “election” – this means if your offence is indictable, you can have your trial either:
- Before a Provincial Court judge, or
- Before a Queen’s Court Bench Justice
Pleas
If you are not charged with an offence where you are expected to make an election, you do not have to plead guilty or not guilty at your first appearance – that is something best decided on the advice of your legal counsel who can assess the strength of the case against you. There may be room to bargain or a chance that you can avoid prosecution if the evidence is not very strong. Either way, an experienced and dedicated criminal defence lawyer will be able to guide you to get you the best possible outcomes for you under the circumstances. If you have not yet retained a lawyer, you may ask the judge to reserve your plea until you speak to one and then will be assigned another court date. If you plead not guilty, a trial will be scheduled.
Note: if you choose to plead guilty, the Crown prosecutor will read in the agreed-upon facts supporting the plea of guilty into the record. Always discuss with your lawyer, what facts will be read in when you plead guilty because, in order to plead guilty, you must agree that you committed all the necessary elements of the offence. You should not agree to have committed all essential elements of the offence without first having consulted a lawyer who can advise you about any potential defences that you may have. If you do not agree with the facts alleged against you, you have the right to a trial in which you may contest any facts alleged by the Crown and to advance any defences that may be available to you in law.
If you decide to plead guilty, the judge hearing your plea will hear submissions regarding the appropriate sentence. Sometimes the Crown and the defence agree on an appropriate sentence. Where they disagree they both explain their position to the judge, who makes the ultimate decision. Sometimes the matter is adjourned so that more information can be gathered that is relevant to sentencing such as a pre-sentence report, which details your personal circumstances and your amenability to supervision in the community. In some cases, more specialized reports are used that examines the mental health of the accused in order that the sentencing judge might fully appreciate his or her personal circumstances.
What is Alberta Crown Prosecution?
The Crown holds a lot of decision-making power. They are responsible for prosecuting all offences under the Criminal Code of Canada and other related acts or statues in the province of Alberta. They could also prosecute under a provincial statute if it is likely that a person will be convicted and it is in public interest. They are also responsible for first appearances in court for bail hearings, handling appeals, and developing law policy in the province as well.
It is the Crown that will decide the appropriate charges for an offence and who will present arguments for conviction and sentencing during trials, as well as prepare witnesses for court and examine or cross-examine witnesses.
The actions and decisions of the Crown Prosecution are governed by several important pieces of legislation, including:
Going to Trial
You or your counsel will receive notice for when your trial is set, including the time and location of the trial. If you have been released on bail, you should arrive at least 15 minutes prior to the trial time with your criminal defence lawyer who will inform the Crown prosecutor of your arrival. Prior to the trial, your lawyer can request full “disclosure” from the prosecutor’s office in order to prepare your defence. This refers to any documents, data, evidence, reports or witness statements the Crown will have accumulated pertaining to your case. You can request disclosure and represent yourself, but a criminal defence lawyer will have much more experience and knowledge to assist you during this time.
Don’t forget: you are innocent until proven guilty beyond reasonable doubt. And it is the Crown which is responsible for proving your guilt. They will present evidence during the trial and examine witnesses they bring, or they will cross-examine witnesses your defence brings to trial. While the details of actual court proceedings are too numerous to put here, essentially both the Crown prosecutor and your defence lawyer present evidence and witnesses. Then the judge will ask for final arguments by your legal counsel and the Crown for your guilt or your innocence. The judge or jury will then decide whether or not you are guilty. If you are found guilty, you will be sentenced for the crime – something which often takes place on another date. Your counsel will also have the opportunity to present evidence and arguments regarding what type of sentence you should receive before sentencing takes place. If you are found not guilty, you are free to go.
Hiring a Criminal Defence Lawyer
Hiring an experienced criminal defence lawyer from Kolinsky Law as early as possible after your arrest will help ensure you and your rights are supported every step of the process from “booking” to trial. We aim to get you the best possible results given the particular details of your case. This could mean actually getting you justice without even setting foot in court, or it could mean having the tenacity to present a convincing enough case to maintain your freedom, argue for alternative sentencing, negotiate pre-trial settlements where possible or provide access to their vast network of experienced and experts to do everything to help your case. Leaving your freedom and future up to chance is not a risk you should take – Kolinsky Law is ready to represent you and build the best defence for you today.
