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Defend Against an Impaired Driving / DUI: New Rules This New Year’s Eve | Impaired Driving Lawyer, Newmarket & Toronto

The impaired driving laws in Ontario have greatly evolved over the last couple of years. It always helps to have your finger on the pulse of these developments. 

The end of the year sees a spike in impaired driving cases, especially on New Year’s Eve. If you or a loved one are charged with a DUI offence, don’t panic. 

Semyonov Law is a reliable and experienced impaired driving lawyer in Newmarket and Toronto, with the legal expertise to strengthen your defence in court. Rely on Semyonov for sound, timely and accurate legal guidance, regardless of how severe your case might appear to seem. 

As a trusted bail hearing lawyer, Semyonov has accumulated a wealth of expertise to navigate you through the process, having successfully secured bail for countless clients charged with all manner of criminal offences, everything from DUIs to sexual assault. Rest assured, he will do everything in his power to help you during this challenging time. 

Time is of the essence when it comes to your DUI defence. Get in touch today. 

 

Call: (647) 292-3377

Email: info@semyonovlaw.com

 

What is Impaired Driving in Ontario?

Impaired driving, Driving Under the Influence (DUI), Driving While Impaired (DWI) while all slightly different in their definition, pertains to operating a motor vehicle while the person’s faculties are impaired by a drug, alcohol or some combination of the two. 

Contrary to popular belief, there is no “safe” time window for consuming alcohol and getting behind the wheel. The law considers the possibility that even a small drink an hour before driving can impair your ability to make snap judgments when driving. 

To be more specific, Canada’s Department of Justice expressly states that the forbidden blood alcohol concentration is 80 milligrams or more per 100 millilitres of blood. 

With the legalization of recreational cannabis in 2018, the law has further tightened the rules. When it comes to cannabis, the prohibited level is anywhere between 2 to 5 nanograms of THC (the primary active ingredient in cannabis) per ml of blood. 

Consequences vary depending on the severity of the crime, whether it’s a first or subsequent offence, and whether or not there were any injuries or fatalities. The maximum penalty assigned could be as much as 10 years behind bars.

 

How Do I Defend Against an Impaired Driving Charge?

Typically with a DUI, the officer pulls over the driver in question to determine whether or not they are under the influence. 

The police no longer need to have reasonable suspicion that a driver is impaired. They reserve the right to demand a breath sample from any driver they pull over. If you refuse, you may be charged. 

In some cases, the charge may be dismissed before it reaches trial. These cases are otherwise settled by the defence lawyer, prosecutor and judge and bail may be set if applicable. 

In most cases, it’s advised that the driver not to plead guilty as the law considers you innocent until proven guilty. A few common defences that could lead to a DUI charge being withdrawn:

  • If the accused was not properly arrested following the right protocol
  • Illegal seizure for searches conducted by the police
  • Violation of your right to consult with a lawyer
  • The trial not being conducted within a reasonable period of time
  • The breath sample being improperly read

The onus falls upon the prosecution and the cops to prove without a reasonable doubt that the accused is guilty. 

It takes considerable experience to be able to spot loopholes in the case and have the charge withdrawn. Play it safe and contact Semyonov Law. Backed by years of experience, Semyonov has successfully defended countless individuals who have faced similar charges. 

 

Semyonov is a Reliable Impaired Driving Lawyer in Newmarket – High Success Rate

Vladimir Semyonov has your best interests at heart and will work hard to prove your innocence. He is the right man for your case. You can bank on a detailed legal consultation, fair pricing and top-notch legal representation. 

Call: (647) 292-3377

Email: info@semyonovlaw.com

Domestic Assault Defence FAQs: What You Need To Know Before Consulting a Lawyer | Domestic Assault Defence Lawyer, Newmarket, Toronto

Domestic assault is a serious crime in Canada and occurs within the context of any domestic relationship. This can range anywhere from married couple, common law couples, and same sex partners among others. It can also involve close family members. 

In a domestic assault defence case, a trusted lawyer is needed for you to avoid a conviction from the Crown. If convicted of domestic assault, you can face severe jail time and consequences that will change your daily life. At Semyonov Law, our lead attorney Vladimir Semyonov will fight for your defence and represent your case. 

He is a lawyer who specializes in sexual assault and domestic assault defence. He has considerable experience working in Ontario’s courts and has clients in both Toronto and Newmarket. If you would like to request his services, you can call him now at (647)-292-3377. 

In the meantime, we have some useful answers for FAQS on domestic assault. We hope you find these insights helpful before turning to a lawyer. 

 

Can Domestic Assault Charges Be Dropped? 

Canadian law does not allow domestic assault charges to be dropped. The reason is that these charges are usually laid by the police and subsequently falls under the Crown’s jurisdiction. 

However, the prosecutor may drop the case if it is not worth pursuing in the public’s interest. A victim’s input may also determine whether the case moves forward. All in all, domestic assault cases do not always go to trial and are largely dependent on the prosecution. 

 

What are the Consequences of a Domestic Assault Charge?

The penalties of a domestic assault charge can vary, depending on the severity of the crime. If you are convicted or plead guilty to the charges, you may be subject to steep fines and a lengthy jail sentence. You may also be subject to a firearms prohibition or restraining order, depending on the case and the people involved. 

These charges will also stay permanently on your criminal record, making it harder for you to gain employment or buy a home. That is why it is important you seek legal counsel and a reliable lawyer to guide you through your case. 

 

How Do I Build a Defense Against Domestic Assault?

Domestic assault cases can go for a very long duration of time and charges can be very difficult to overturn. An experienced defence lawyer such as Vladimir Semyonov can help you prepare for this process and navigate through the complex legal system. 

If you want the most ideal outcome for your case, you will need a solid defence that advocates for your rights and perspective. This can lead to an acquittal or a negotiated plea deal with the Crown if you have a reliable lawyer. 

Before you are brought into the courtroom, we always highly recommend speaking with a lawyer beforehand. This will help you be prepared and build a defence against a domestic assault charge. 

 

What Happens During a Domestic Assault Trial?

In the courtroom, if you are defending yourself, you will not have the opportunity to cross examine the victim or witness. Subsequently, the prosecution will also tender evidence from prior alleged incidents of abuse to build their case against you and create a narrative for your motives. 

The process can get very complicated and figuring out when and who can speak can be confusing. An experienced criminal defence lawyer can help you navigate through the trial and speak on your behalf if necessary. 

 

Defending Against Domestic Assault? Contact Semyonov Law For Sound Legal Advice.

Semyonov Law has flexible payment plans for our clients as we deliver the best results for your case. Our head lawyer, Vladimir Semyonov, has extensive experience in criminal defence and has assisted clients in Toronto and Newmarket. We will do our best to represent you on your behalf and work with you throughout your legal case. 

To book an appointment, you can call our 24/7 number at 647-292-3377 or email us at info@semyonovlaw.com. You can also send us your thoughts, questions, or concerns via our online contact form

Defending Against a DUI Charge: Here’s Why an Impaired Driving Lawyer in Newmarket is Important for Your Case

A DUI charge (or driving under the influence) is a serious offence that can carry several consequences for you. If you’ve been charged with DUI, there are ways for you to avoid getting a criminal record. You need a reliable defence lawyer who knows how to build a strong defence for your case. 

Vladimir Semyonov is a drunk driving defence lawyer based in Newmarket. Semyonov has years of criminal law experience under his belt and specializes in criminal defence and immigration legal services.

If you need a trusted impaired driving lawyer in Newmarket, Semyonov Law can help strengthen your case in court. Call us at (647)-292-3377. 

Let’s go over what constitutes a DUI charge, how to create a strong defence for the charge, and why Mr. Semyonov is your key choice for legal representation. 

 

DUI Charges and Bail

A DUI occurs when you are pulled over and the officer determines that you are driving under the influence of alcohol, drugs, or other substances that could impair your faculties. If you’re lucky, the charge can be dismissed before the actual trial starts. They are otherwise settled between defence lawyers, prosecutors, and judges and they’ll set the bail you have to pay, if applicable. 

If you are convicted of a DUI charge, you can face considerable jail time and be forced to pay hefty fines, depending on the severity of the charge. Moreover, you will have your driver’s license suspended and can even risk the chance of losing it altogether if you’re a repeat offender. 

 

Building a Defence Against DUI

You should always plead not guilty because the law considers you innocent until proven guilty. Some of the common ways DUI charges are dropped is if the defence argues that an officer did not follow the right procedure or if the district attorney has no sufficient evidence against you. The prosecutor themselves can drop or dismiss the charge along with the judges involved. 

Other ways of building a defence include arguing that a police officer did not have the proper grounds of stopping you during traffic. In most cases, they have the authority to stop you if you violated a speeding law or if you pose a threat to other drivers on the road. 

Your lawyer may also argue that your car was illegally searched without proper cause or a warrant prior to the arrest. Your freedom and personal belongings should not be inconvenienced by an outside party. 

Another common defence used is the argument that the sobriety and chemical test results were invalid or faulty. Testing machines can be inaccurate at times and results may not present the whole picture. Whatever defence your lawyer uses, just know that there are ways to avoid conviction and a criminal record. 

 

Semyonov Law is the Right Choice

Above all else, you should know that you always have a right to a lawyer. If an officer deprived you of this right, it can work in your favour as a viable defence or your case. Semyonov Law is one such law firm you can count on to represent your case and increase your chances of success in court. 

Vladimir Semyonov has your best interests at heart and will work hard to prove your innocence. He has extensive experience with Ontario’s intricate court system and is fluent in all manner of complex legal cases. He is the right man for your case and offers detailed consultation, fair pricing, and top-notch legal representation for your DUI case. 

 

Turn to Semyonov – A Trusted Drunk Driving Defence Lawyer in Newmarket

If you need immediate legal assistance and advice, you can call our offices at (647)-292-3377 any time and leave us a message 24/7.

If you’d like to leave us any thoughts, questions, or detailed concerns, email us at info@semyonovlaw.com or fill out our contact form.

How to Defend Against a Sexual Assault & Aggravated Assault Charge | Criminal Defence Lawyer Newmarket

A sexual assault charge is often tricky to navigate as it usually comes down to one person’s word against the other’s. 

The Crown views aggravated assault, domestic assault and sexual assault in a grave light given the far-reaching consequences. In most cases, the police do make an arrest when responding to a domestic or sexual assault incident. 

 

High Success Rate – Sexual Assault Lawyer Newmarket

It’s imperative to contact a trusted criminal defence lawyer in Newmarket without delay. If you or a loved one are facing a charge of this nature, and I cannot stress this enough, timely legal assistance is of the utmost importance. 

My name is Vladimir Semyonov and I am a sexual assault lawyer in Newmarket, having successfully defended hundreds of individuals using a combination of legal acuity, a wealth of experience and a level of astuteness to detect flaws in the prosecutor’s case. 

Depending on the circumstances of your case, and if it comes down to it, I may also be able to work with the plaintiff’s team to negotiate a plea bargain or reduced sentencing. 

I also practice as a domestic violence lawyer and use my legal background to guide you through the court proceedings, and improve your chances of coming away with your reputation intact. 

In this article, I walk you through what you can expect in the next coming months, and how a lawyer plays a massive role to strengthen your case in court. 

 

Getting Charged With Sexual Assault

This is a distressing time for you, but bear in mind that a sexual assault charge does not always equate to a guilty verdict. 

There are several things that the prosecution must do in order to secure a conviction. In many cases, the prosecution drops charges altogether after filing them if they are not certain of securing the evidence needed for a conviction.

Given that the prosecution team is highly astute and has the legal prowess to build a strong case against you, it’s important to have an equally competent criminal defence lawyer on your side. 

 

Know Your Charter Rights

If your case goes to trial, the Crown prosecution has to provide evidence that suggests the alleged crime transpired with a doubt. 

As your defence attorney, I will carefully examine the details of the arrest and arraignment to ensure that your rights weren’t violated. Any discrepancies in these procedures could lead to the dismissal of your case. 

Other similar grounds for dismissal; the interrogating officers forced you to make a self-incriminating statement, the police searched your premises without a warrant or neglected to inform you of your right to speak to a lawyer. 

 

Sexual Assault Court Proceedings

In a majority of cases pertaining to sexual assault, all that is needed to lay a charge is the complainant’s verbal accusation. Because physical evidence is not always present in these types of scenarios, it’s up to the defence to spot improbabilities and inconsistencies in the accuser’s version of events, and rigorously question them to test their credibility. 

Using a range of tactics, I investigate if there was any underlying motive for the accusation that delegitimizes its credibility. For instance, it may be found that the complainant laid false sexual assault charges to gain a favourable outcome for another case; divorce settlement, child custody, etc. 

 

Strengthen Your Defence in Court

Contact Semyonov Law Today – A Trusted Sexual Assault Lawyer in Newmarket

Contact Semyonov Law, a trusted sexual assault lawyer in Newmarket. Sexual assault charges are treated very seriously in court. We can explain the process, provide support, have evidence that was obtained not pursuant to the law disregarded, and protect your rights.

Semyonov possesses the legal knowledge and expertise to help strengthen your case and navigate you through the complex legal system, preparing you effectively for the prosecutor’s questioning.

For more information call us at (647)-292-3377 or visit our contact page.

Why a Domestic Violence Lawyer in Newmarket Is Crucial to Your Case |

A domestic violence lawyer can be a crucial aid if you are ever charged with an assault. Relying on their help can ease your mind and help you understand all legal matters that are thrown at you.

Semyonov Law is a trusted domestic assault defence lawyer in Newmarket with the experience to provide you with quality legal representation. We’ll keep you regularly updated during this process to provide some much-needed stress relief.

In this article, we cover how a domestic violence lawyer can be a crucial resource if you’re dealing with an assault charge.

 

Why Do I Need a Domestic Violence Lawyer in Newmarket?

To put it simply, an experienced defence lawyer in has the tools to strengthen your defence and, if it comes down to it, reduce the sentencing. Domestic charges in Ontario carry serious weight and the odds can be stacked against you.

For further context, the Crown has a zero-tolerance policy for domestic assault charges in the Ontario courts. It mandates an aggressive approach to what is defined as spousal abuse, or “domestic assault” allegations. In this case, a “domestic relationship” could point to disputes between people in relationships, a spouse, common-law partners, children, parents, and familial relatives.

The definitions can be specific, a defence lawyer can guide you in such instances. By doing so, you’ll be able to have a strong support system for your case and potentially lessen the consequence of your charge.

 

Can a Domestic Violence Charge Be Dropped? 

The short answer is no. Many people charged with domestic assault, threatening death, or criminal harassment believe that if they explain their innocence and plead their case to the court, the charges can be dropped with a simple apology. This never happens and it’s all the more reason to hire a defence lawyer.

Once a domestic violence charge has been issued, the victim has no authority to drop the charges due to the power of the courts.

A Crown attorney is nevertheless obligated to review each case in detail and consider what position is right for the situation. In the unlikely case a charge is screened for a withdrawal, you will still need to enter counselling or negotiate a peace bond to settle the case.

That is why we stress to our clients that retaining legal counsel as soon as possible will help you deal with any subtle issues, events, and legal issues that may arise right from your case. Alone and without the right knowledge, you might not be able to use the tools provided by the legal system to your benefit.

 

Why is a Domestic Violence Lawyer Important?

In addition to having the benefit of an experienced lawyer like Semyonov early on, we explain the process clearly to you, represent you on your behalf at court, and settle your bail, if needed, as quickly as possible. After such charges are resolved, a good domestic violence lawyer can help you prepare thoroughly for the prosecutor’s questioning, and will spot inconsistencies and inaccuracies in the complainant’s version of events.

Without any sort of legal representation, you might not be able to step into court with the confidence that you’ve done everything in your power to strengthen your case. Moreover, the

Relying on a defence lawyer means you have someone who negotiates on your behalf with the Crown attorney and finds ways to resolve everything accordingly.

 

Contact Semyonov Law Today For Qualified Legal Support

Contact Semyonov Law, a trusted domestic assault lawyer in Newmarket. Domestic assault charges are treated very seriously in court. We can explain the process, provide support, have evidence that was obtained not pursuant to the law disregarded and protect your rights.

Semyonov possesses the legal knowledge and expertise to help strengthen your case and navigate you through the complex legal system, preparing you effectively for the prosecutor’s questioning.

Semyonov Law has a wealth of knowledge and experience in criminal defence law. We’ll work to deliver the best results for your case and represent you at any time.

For more information call us at (647)-292-3377 or visit our contact page.

Manslaughter, Murder, and Negligence: What is the Difference? | Manslaughter Lawyer Newmarket

With regard to the death of an individual at the hands of another, Canadian law organizes it under three categories: murder, manslaughter, or criminal negligence. It’s important to remember what each of these charges are, as they can ultimately determine the type of punishment the accused will receive.

 

Criminal Defence Lawyer in Newmarket

You will need to rely on a trusted criminal defence lawyer if you are ever charged with crimes of this nature. Vladimir Semyonov is a manslaughter lawyer in Newmarket with immense knowledge and experience at all levels of the justice system. Semyonov works with you to resolve your case and improve your chances of an acquittal or negotiate for a reduced sentence.

In this article, we’ll go over the definitions of murder, manslaughter, and negligence and the differences between each of them.

 

Defining Murder

In Canadian criminal law, murder is defined as performing an action to intentionally cause the death of another person or to inflict bodily harm, knowing that death is likely to result. In a sense, simply intending to cause serious bodily harm to another person can meet the required definition.

Murder is classified as either in the manner of the 1st degree or 2nd degree. Murders that are planned and deliberate fall under the 1st degree category. All other chargers that do not fall under that category are classified as 2nd degree murders.

The most serious offence is 1st degree murder and the criminal code automatically deems it as such during the action of several other offences, even if they are not deliberate. Moreover, the murder of a police officer or prison guard is automatically a 1st degree offence.

For people over the age of 18 years, a conviction in the first-degree will land the offender a mandatory life sentence with no chance of parole for at least 25 years. A second-degree conviction also results in a life sentence for the offender with no chance of parole for around 10-25 years, at the discretion of a judge.

 

What is Manslaughter?

Manslaughter is classified as committing an unlawful act causing death, even when the intention was not to kill. Any “culpable homicide” that does not fall under the definition of murder is said to be classified as manslaughter. This includes any means of an unlawful act, criminal negligence, causing that person to do anything to contribute to their own death, or willfully intimidating that person.

Manslaughter is when the level of intent is less than a murder charge. Essentially, it is when someone does something wrong and someone else ends up dead because of said action. Although the offender did not intend to kill or cause bodily harm, the fact that they knew may result in such a charge.

Penalties for manslaughter vary depending on the case. It does not carry an automatic life sentence, but can be used as an option for a maximum sentence. There is no minimum sentence for such offences and can be used to bargain down an existing murder charge.

Exceptions to this if a firearm was used in the manslaughter. In this case, four years will be the minimum.

 

Criminal Negligence and Death 

Criminal negligence causing death can result in life imprisonment with parole eligibility after seven years. It is defined as showing a reckless disregard for the lives or safety of others and in doing anything or in omitting to do anything that is their supposed duty.

It is a separate offence to manslaughter that can be committed by a failure to act on a duty imposed by law. It does not apply to bystanders who witness someone in distress and chooses not to help.

Another form of negligence applies to young infants and women, known as Neglect in Child-Birth (formerly called “Infanticide.”) It requires females, who are pregnant and about to give birth, to make provisions for assistance in respect with the birth. Failure to do so, leading to a child’s death or permanent injury, is guilty of a serious offence. This also applies to concealing the child’s birth. The maximum penalty for this negligence is five years imprisonment.

 

Your Next Steps

Semyonov Law has a wealth of knowledge and experience in criminal defence law. We’ll work to deliver the best results for your case and represent you at any time. For more information call us at (647)-292-3377.

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