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Facing a Drug Charge? Don’t Panic. Turn to a Trusted Criminal Defence Lawyer Today | Drugs Lawyer Newmarket

Take a deep breath. We’re here to help! If you are facing a criminal charge relating to drug use, possession, trafficking, production or importing/exporting, don’t panic. Whether you are innocent or guilty, it’s best to get in touch with an affordable Newmarket criminal defence lawyer

At Semyonov Law, our main goal is to get you the justice you deserve, so that you can retain your quality of life beyond the charge. Our team introduces a wealth of experience to your case, working around the clock to gather evidence and present a strong front against the prosecution. 

To us, you aren’t just another file number. We work with you tirelessly to sort out your concerns and get you the best possible outcome in court. 

Is it better to hire a private lawyer or a public defender? The main benefit of hiring a private lawyer is that, if they do a shoddy job on your case, their business takes a hit. Whereas, public defenders take on as many cases as possible, paying little heed to the outcomes. 

Private lawyers do tend to charge more by the hour. However, what you pay for now, you get back tenfold by way of quality legal representation that safeguards your personal and professional future. 

 

What Constitutes a Drug Charge?

The Controlled Drugs and Substances Act lists a number of different substances that are banned including opium, heroin, cocaine, oxycodone, morphine, methadone and PCP. Some substances are totally banned, whereas others can be legitimately made available under certain circumstances such as a doctor’s prescription. 

 

Possession With Intent to Use

This refers to the circumstance where the prohibited drug (listed in the Act) was on your person or in your immediate vicinity and you had an intent to personally consume it. The officer checks for the following;

  • There was physical custody of the prohibited drug
  • The person was aware that they physically possessed the prohibited drug
  • The person intended to possess the drug

You may also face a drug charge if you knew a friend, for example, had custody of a prohibited substance. This is referred to as constructive possession due to the fact that you had knowledge about it and exercised some form of consent. 

Possession With Intent to Traffic

This refers to a circumstance where you intended to distribute illegal drugs (listed in the Act). The evidence to distribute is circumstantial and determining intent usually involves there being an attempt to sell to an officer or evidence acquired from buyers that can be used as direct evidence of intent. 

Of course, the defendant need not actually have sold anything to be charged with possession with intent to sell. Even if the person intended or planned to distribute the drug for free, the charge still stands so long as the prosecutor can convince the court that the mental intention existed. 

For instance, the police may find, in your custody, plastic bags or weight scales that are typically connected with the distribution of drugs. 

 

Maximum Penalties 

The penalties of possessing a controlled substance are quite serious and vary based on the type of drug in question. Possession of a “soft” drug-like cannabis (up to 30 grams) is a summary conviction and carries a jail sentence of 6 months or a $1,000 fine – in some cases, both. A second offence could result in 1-year imprisonment and a $2,000 fine. 

Possession of amphetamines, LSD and mescaline are indictable offences and carry larger maximum penalties, namely 3 years behind bars. Possession of heroin or cocaine comes with a maximum penalty of 7 years on an indictable prosecution. 

Penalties for trafficking a drug are severe and vary based on the drug amount and type. These can include 18 months behind bars and a $2,000 fine or both. Life imprisonment is also a possibility. 

 

Benefits of Contacting a Lawyer

There are several benefits of contacting a trusted drug lawyer in Newmarket as soon as the charges are levied against you. Your lawyer;

 

  • strengthens your case by gathering crucial evidence and prepares you for the  prosecutor’s questioning
  • possesses the legal knowledge and expertise needed to navigate you through the ins and outs of our complex legal system
  • ensures your rights are well protected; by using an in-depth education in law, they exert any means possible to protect you from heavy penalties
  • speeds up the process so that you can regain your freedom and peace of mind
  • takes care of the paperwork and makes sure there are no errors when filing it
  • provides technical and emotional support when you find you cannot confide in anyone else

Time is of the essence! If you are facing a drug charge, contact Semyonov Law as soon as possible. Rest assured, you will receive affordable, experienced and reliable legal intervention from our team. 

 

Our priority is to get you the justice you deserve. Call us at (647) 292-3377 to improve your chances of winning the case. 

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How Canadian Law Views First-Degree Murder, Second-Degree Murder & Manslaughter | Homicide Lawyer Newmarket

Homicide and manslaughter are some of the most significant crimes in Canada and are viewed with the utmost severity. If you are facing such charges, don’t leave your future up to chance. Turn to Semyonov Law, a trusted and experienced homicide defence lawyer in Newmarket

In this article, we talk about the main distinction between 1st- and 2nd-degree murder and manslaughter and what the respective sentences are. 

 

FIRST-DEGREE MURDER

What is first-degree murder? When the homicide is premeditated, i.e. it is deliberate and planned, te murder will be ruled as first-degree. Such types of crimes typically include;

  • Contract killing
  • Taking the life of a prison employee or on-duty cop (even if this isn’t planned/deliberate)
  • Murder that takes place during an assault, hijacking, a hostage situation, kidnapping, terroristic act
  • Murder that takes place along with intimidating, criminal harassment or on behalf of a criminal group

What is the difference between culpable and non-culpable homicide? The former is a ruling in which the accused is held legally responsible for an intentional or unintentional death. The latter is when the accused is not help legally responsible as the death occurred as a result of self-defence. 

Prison Sentence

The Crown does now allow for capital punishment. A person convicted of this crime usually gets about 25 years to life. 

SECOND-DEGREE MURDER

What is second-degree murder? This is characterized by a deliberate killing (not planned) of an individual. That means, if a person intends to kill someone but does not plan it out, it falls under the purview of second-degree murder. It does not fall under any of the categories of first-degree murder. 

Prison Sentence

The minimum sentence is life imprisonment, without being eligible for parole for the first 10 years. Alternatively, sentences may include no parole for the first 25 years. 

Theoretically, it is easy to point out the differences between first-degree and second-degree murder. In real life, however, there are often a lot of gray areas depending on the evidence available. If you have been charged with a crime of this nature, it’s safest to contact a criminal defence lawyer like Semyonov Law to ensure that your case is as strong as possible and there is no misrepresentation of the facts. 

 

MANSLAUGHTER

What is manslaughter? This is a homicide that was done without an intent to kill but with an intent to harm. 

Unlawful Act vs Criminal Negligence

An unlawful act is when the homicide occurs as a result of a crime that was unintentional, eg. when somebody recklessly fires a gun in public and ends up killing a pedestrian. 

Criminal negligence When the murder stemmed from a failure to act and exhibited a wanton disregard for the lives of other people. 

Prison Sentence

There is no minimum sentence, however, if a firearm was involved, then the minimum sentence is 4 years. 

 

IMPAIRED DRIVING CAUSING DEATH

Death caused as a result of impaired driving is viewed as a separate offence by the Crown. If the driving was extremely careless, such as street racing when under the influence, then the charge would be elevated to “criminal negligence causing death” for which the sentence tends to be more severe. 

 

WHY A HOMICIDE LAWYER IS YOUR SAFEST BET

Apart from the nebulous distinction between the above crimes, the prosecutor often uses certain tactics against the accused to ensure that a conviction is inevitable. 

For instance, police are aware that charging a degree higher than the merits of the crime will compel the accused to plead guilty to a lesser charge. So if they are looking to get a person convicted on a second-degree charge without time, they may charge the person with first-degree murder. 

An experienced criminal defence lawyer sees through these strategies of the prosecution team and knows exactly how to handle them. They will carefully assess your case, pinpoint the strengths and determine how these can be used to get you the justice you deserve. 

 

Charged With Homicide? Time is of the Essence!

Contact Semyonov Law Today to Strengthen Your Case

Semyonov Law fights for justice on your behalf. If you have been convicted of a crime you did not commit, our criminal defence lawyers will gather information from the case to prove your innocence. If you have committed the crime, they work to lessen the severity of the sentence. 

Call us at (647) 292-3377 to get the justice you deserve. 

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Everything You Must Know About Bail Hearings in 2019 | Bail Lawyers Newmarket

Domestic Assault Lawyer in Newmarket

You might have come across the term “bail” before, but aren’t quite sure what it entails. In this article, we touch upon the most important information pertaining to bail hearings in 2019. 

What is a bail hearing? Bail is a court order that allows an individual charged with an offence to remain in the community instead of in jail pending their trial. During a bail hearing, the judge or justice of the peace does not determine whether you are innocent or guilty. 

Rather, they decide whether you should be allowed to return to the community while your case is in the criminal court. If you are denied bail, you will continue being detained while your case is ongoing. 

 

Do You Need a Lawyer for a Bail Hearing?

For every individual who is detained (not released) upon their arrest, a bail hearing is their most important day in court. The defendant is entitled to hire a criminal defence lawyer to represent them at their bail hearing or arraignment (a court proceeding where the charges are formally read). You do not need to contact a lawyer and may choose to self-represent instead. 

However, consulting with a qualified lawyer is always advisable. As a layperson, you may not have an understanding of the law and how it pertains to your specific case. Nor will you be aware of the documents called for or the steps to follow if you are granted or denied bail. 

At Semyonov Law, we provide expert representation to clients in Newmarket through our criminal defence services. We sit down with you to discuss your case and give you a preliminary assessment of its strengths and weaknesses. With our superior advocacy and tenacious representation, you are allowed to focus on your work and family, and not on your pending case.

 

What Happens At a Bail Hearing?

After arrest, the police may choose to keep the accused in custody, pending their bail hearing. 

How soon after an arrest will the bail hearing occur? Some kind of court appearance whether that is an arraignment or bail hearing must occur within two or three days after the arrest. 

During the hearing, the Crown gives the court an overview of the allegations. Oftentimes, this is done by having the allegations read out as per the information drawn from the police synopsis. In certain cases, the Crown may call on one or more witnesses to testify. Usually, the witness is the police officer leading the investigation. 

After presenting the allegations, the defendant’s lawyer or duty counsel presents the evidence. In a majority of cases, this is done by having the defendant or potential surety testify. A surety is an individual who gives the judge or justice of the peace a promise to oversee the defendant’s actions should they be released on bail, and pledges an amount of money to the court by signing a recognizance (a type of bond). 

The main duty of the defendant’s lawyer is to convince the court that if bail is granted, the defendant will;

  • Attend all court hearings and not abscond
  • Not be a danger to other people
  • Not commit other crimes
  • Not intimidate any witnesses 
  • Abide by all other bail conditions

– either independently or with the help of their surety. 

When the evidence is presented from both sides, they each make arguments to the judge or justice of the peace. Based on this, a decision is made as to whether bail should or shouldn’t be granted. Alternatively, another outcome may ensue, such as a guilty plea or a withdrawal of charges. 

 

What Happens After Bail is Granted?

By posting bail, the accused is promising to appear at court for future hearings and agrees that if he/she does not return, the money paid will be forfeited. If the accused:

  • Does not appear at court on the scheduled date
  • Disobeys any bail conditions
  • Interferes with any witnesses

– the bail money is not returned unless the accused is able to convince the court that there existed legitimate grounds preventing the accused from showing up. 

 

Need Qualified Legal Representation at Your Bail Hearing?

Being refused bail and remaining in custody will take a toll on your personal and professional life. You will have to endure undue stress and be kept away from your family. 

Semyonov lawyers fight for justice on your behalf. If you have been convicted of a crime you did not commit, we will gather information from the case to prove your innocence. If you have committed the crime, we work to lessen the severity of the sentence at hand. 

 

Contact us to improve your chances of getting bail. 

Newmarket Criminal Defence Lawyer

Newmarket criminal defence law firm is focused on providing expert representation to persons charged with criminal offences and in connection with their immigration law matters. We possess a wealth of experience in the criminal justice system as well as the immigration law system.

If you are being charged with drug offences, robbery and theft, assault, sexual assault, fraud, homicide or any other related criminal charges, contact our Newmarket law firm and we will have your case looked at by an experience lawyer promptly and at no charge for you – we offer free consultations. Our Newmarket criminal defence law firm also provides bail hearings, criminal court appeals, parole and probation, warrants and youth court.

Our practice includes adults and youths in connection with their criminal and immigration matters. We also represent clients at sentencing hearings and criminal appeals as well as refugee hearings, family sponsorship and other immigration hearings and appeals. We provide expert support and assistance to lawyers in other fields (such as commercial law) when their matters cross over into the criminal or immigration law realms.

We start with a free consultation of your specific case and offer very reasonable fees thereafter, each case is different. We strongly believe in access to justice and will work with you to ensure you receive quality legal representation for a fee that is fair to you and allows us to perform the work competently. Payment plans are available that fit your personal financial circumstances. Please feel free to discuss your situation and we will explain the available options to you.

We are members of the criminal lawyers’ association and will make ourselves available to review your case and represent you, don’t hesitate and call us today at (647) 292-3377 and in cases of emergency call us 24/7 anywhere in Newmarket and Toronto area.

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