What Happens If You Refuse a Breathalyzer Test in Ontario?

 

Curious about the consequences of refusing a breathalyzer test in Ontario? If you’ve declined the test recently, you’re facing a criminal charge. At Passi & Patel, we’re dedicated to advocating for your best interests and achieving the optimal outcome for your case. Continue reading to understand all you need to know about refusing a DUI breath test read more here

What if My Bail is Denied in Canada?

 

Navigating the legal system can be confusing and intimidating for many people. The looming possibility of extended detention amplifies anxieties, making securing bail and returning home paramount. Consequently, many find themselves considering, “What if my bail is denied?” At Passi & Patel in Brampton, our adept attorneys specialize in shepherding clients through all facets of criminal proceedings, including the intricate bail procedure read more here

How well are you aware of assault with weapon charges?

Are you worried about criminal charges related to assault with a weapon? If you have come across any such legal issue or your loved one is facing the same, contact Passi & Patel law firm today. The best of the criminal lawyers in Brampton will guide you in fighting for your rights if you have been wrongly accused of assault with a weapon charge. Let’s find out more about the same:

Meaning: An assault with a weapon is a crime and serious criminal charges are levied for any such activity. It means an unknown attack on a person using a sharp weapon. The attack with a weapon done by force or coercion can all be simplified into a crime and you need to justify it under the assault with a weapon case. This particular criminal offense category would be very difficult to fight but with one of the criminal lawyers in Brampton by your side, criminal proceedings can be easy. A lawyer with years of experience can guide you in solving legal complexities and filing proper documentation for ongoing criminal cases.

Types: The criminal category for assault with a weapon includes instances when you are forced on the threat of a knife to give all your belongings and money, forcing another person to do against their wish, etc. Even when a person just waves his knife toward another person or strikes with a sharp object, it is assault with a weapon. You can complain the same to the nearest police station. When someone complains against you or someone you know, criminal charges are attracted. You can be imprisoned for such an activity. Hiring criminal lawyers in Brampton would be the next step followed after arrest.

Weapon: Sharp objects that can harm another person like a gun, knife, etc. are included in the term weapon. Though the law includes several other things too in the main head weapon, here only a few are named. You can ask criminal lawyers in Brampton about the necessary details regarding the weapons termed under this particular law.

Punishments: Assault with a weapon is a very serious offense that cannot be neglected. As it is grave, the punishments are also equally grave. The one who is found guilty in such a case can be sent to jail and imprisonment for around ten years. If your lawyer represents the case confidently, you can prove your innocence and ask for relief in a criminal case.

In this way, you are sure to have correct details about the assault with a weapon charge. You can ask further queries to your hired lawyer and for that, you can now call Passi & Patel law firm. The lawyer would make all possible efforts to represent your side of the story and your intentions which are not to harm the other person. Hiring an experienced lawyer is always better as he would have dealt with such cases under different situations. You also have to make sure the case gets over as soon as possible to avoid any negative impact on your personal and professional life. Call the best lawyer to fight the assault with a weapon charge.

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All the Details that You Have to Know About Disclosure

People who have gotten charged with a crime would be receiving “disclosure.” Are you familiar with this? This will provide the details that the accused needs to understand the case. This will help the accused come up with ways and strategies to provide the needed answers and give a full defence. It will be hard to come up with a defence strategy on your own. You can hire Passi & Patel criminal lawyer Mississauga to give you the details that you are looking for.

Legal Principles to Be Familiar With

The more that you know the legal principles, the more that you will understand what you are going to face. Ideally, you can speak to your chosen Brampton criminal lawyer regarding the things that you do not understand.

The Crown will provide all of the needed information to the defence.

• Details about the investigation can be accessed by the public.
• The disclosure of the “disclosure” will still follow a certain level of discretion depending on how sensitive the data is. Some of the information may be withheld in the meantime.
• All of the relevant information should be disclosed but this is subject to the Crown’s discretion.

The statements that are obtained from different individuals will be given regardless of whether they are witnesses or not.

What to Expect in a Disclosure Package?

Let us say that you are going to receive a disclosure package soon. These are some of the things that you will get:

• Summary of the allegations
• All of the statements of the accused in different forms
• The statements of all the witnesses
• Police officer notes
• Criminal records of the accused (if any)
• Other court orders related to the case
• Documentary evidence

The disclosure package will normally be studied by your chosen criminal defence lawyer Brampton. Be patient because the things that you will do to improve your case will not immediately be given. There are different steps that your lawyer would need to take before you will be informed.

What Are Initial Disclosure Packages?

There are times when initial disclosure packages will be sent out first. These are packages that will not contain all of the details that are mentioned above. Other packages may be given depending on the current state of the case. You would like to find the right lawyer who will follow up on some of the things that may be missing on the disclosure package. The more information that your lawyer knows, the better that your action plan can be done.

Choosing the Right Lawyer is Important

This is a sure thing – choosing the right lawyer is going to be important for you. The better your lawyer, the higher the chances of your case becoming dismissed. If the evidence against you has already piled up, your lawyer will still be working towards getting the best results from your case. Do not wait for a long time before searching for the best criminal defense lawyer in Brampton.

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Why you Shouldn’t Refuse to Provide a Breath Sample

If you usually being to drive or have the habit to drive while drinking alcohol, the police will stop you one day. They will probably ask you to do a road sobriety test, an allergen test, or a blood or urine test. Your first will probably be to refuse to do that, but you should never refuse something like that, according to Passi & Patel criminal defence lawyer Mississauga.

It is wrong to even consider that if they don’t have regular alcohol test results, they won’t have evidence that you’re intoxicated, so they can never get in jail. You would be wrong at both points.

What is consent laws

The main issue about this is that you may be ignoring is the reality that if you are DUI it is a serious crime and you should never be doing that.

It is a fact that you will not be allowed to drive a vehicle unless you have passed exams and agree to follow the rules and the laws that the country provides. It is absolutely mandatory to be responsible when sitting behind the wheel to avoid having issues with the law and most importantly to keep yourself and others safe.

Normally all countries require the consent of: Carrying a driver’s license and a document of insurance and produce them at the request of the police.

Consent to giving all tests when you are being asked by a police officer.

There are countries where implicit consent conditions are actually written on your driver’s document.

Yes, it is true that you can still refuse to take tests, but is this legal?

Regardless of the implicit consent laws in your country, you can still refuse to take tests. Although you must do it under the law, there are still people who refuse to do it. But is it legal though? No, of course not. You will still get a punishment and there is a risk that you might even face imprisonment.

The task of our police officers is to guard the roads for all. If a police officer believes that you present danger to yourself and the public, then they have all the right to take your vehicle.

Rejection may mean immediate suspension of the license

In some states, a police officer may immediately seize your driver’s permit because you violated the law and did not accept to take alcohol tests. It is wrong to think that this goes against your right. In most countries, deprivation of driving privileges is established as a criminal act. Do not forget the fact that they have given you those driving privileges, and they have all the right to take them away says Passi & Patel criminal defence lawyer Mississauga.

In case you need more legal tips and advice, make sure to get professional legal help and get all the issues resolved in a proper way. It is important that you do that.

If your offense is repeated, heavy penalties would be a sure outcome. Seek legal advice from a professional for the impaired driving charge. Feel free to visit our office or call us today for an appointment.

Hiring Brampton Criminal Defense Lawyer For Different Impaired Driving Charges!

Are you aware of the reasons when you can get charged with impaired driving? Of course, safety comes first while driving a car after-party, celebrations or holiday times spent with friends. Such parties where you are drunk, you have to take care of the on the road safety in case you choose to drive. Youth are aware of the fact that they will be stopped by police if suspected of impaired driving. They might have to face consequences if caught driving under the influence of an intoxicating substance. Hiring a good Brampton criminal defense lawyer in such a case would be the right step. Passi & Patel criminal lawyers Mississauga specializes in impaired driving cases and helps in reducing the worst consequences.

            

Here is a list of reasons when you can be charged with an impaired driving offense:

• Drinking alcohol: The main fact for the charges of impaired driving is drink and drive. If you chose to drive after consuming alcohol, it is dangerous for you as well as others on the road. You might argue that driving will not be affected with minimum consumption of alcohol but its quality is to blur your thinking process, your vision and slow down the alertness. Alcohol can even result in irresponsible behavior while driving. Some people assume that they are fine till they notice the effects of alcohol on their driving skills. The majority of the accidents are reported due to the reckless behavior of the driver. A professional Brampton criminal defense lawyer should be hired to represent the case.

• Consuming drugs or smoking cannabis: It might be legal in your state to consume Cannabis or prescribed drugs but it is not safe for the public on roads. Intake of Cannabis in any form would impair your ability of timely reaction while driving. It means that you would be in a state where errors are bound to happen in reacting to the signals, applying the brake, turning, or reversing. Police might suspect your impaired driving easily and can stop you for an initial test to confirm the influence of cannabis or stronger drugs. It is always a good idea to arrange a consultation with the best Brampton criminal defense lawyer for the recent legal rights in such a case.

• Intake of medicine with alcohol: Impaired driving charges are not only related to drinking alcohol or taking drugs. It is also associated with the consumption of alcohol with prescribed medications that might impair drivers and cause safety issues on driving. The medicine does not have side effects but might react badly when combined with alcohol. The driver might impair due to poor vision, low alertness, and increased drowsiness.

These are a few reasons that suggest unsafe driving vehicles. In case, the officer caught you in this state your driving license would be at risk. You might be asked several questions when caught on the road or sent to jail for irrational behavior. Ask your Brampton criminal defense lawyer about the possible outcomes or your defense in such a situation.

If your offense is repeated, heavy penalties would be a sure outcome. Seek legal advice from a professional for the impaired driving charge. Feel free to visit our office or call us today for an appointment.

Get to know what to do when you have been accused of resisting arrest from a criminal lawyer in Brampton

It is quite obvious that not even a single person likes to get busted by law enforcement officers for committing any sort of crime. Because, spending some time in jail can be tough and if something goes wrong you might end up getting on the record, which is the last thing you want. Sometimes, you might not even agree with the charges based on which the arrest is made. But whatever the reason is, you should coordinate with the police when you are being arrested. The defense lawyers Brampton states that, if you don’t coordinate with the law enforcement officers then they might charge you with resisting arrest, which can further complicate things in the court. But, if unfortunately, such a thing happens to you, then get to know what can be done by a criminal lawyer in Brampton:

How to defend yourself from resisting arrest charges? 

You should know that, if in case you have been charged with resisting arrest then you have the right to defend yourself in the court of justice against them. If you are stuck in such a situation, it is ideally suggested that you should contact a criminal lawyer for legal assistance. They will recommend you some commonly used defense strategies that are utilized to defend such charges. Excessive force and lack of identification are two of the most commonly used defense strategies, and let’s discuss them in detail:

• Lack of identification: Criminal lawyers usually suggest to their clients this strategy if they are accused of resisting arrest. If the law enforcement officer who arrested you didn’t identify themselves or if they were not in uniform, then that might be a solid defense for you and it may even turn the decision in your favor. The reason behind it is if you knew that the individual who is arresting you are law enforcement officers then you might not have resisted the arrest. And hence, criminal attorneys recommend their clients to use this strategy. 

• Use of excessive force while arresting: Yet another strategy which is usually used by the criminal attorneys from criminal law firm to defend their clients is the use of excessive force by the law enforcement officer. If you believe while getting busted the law enforcement officer applied excessive and unreasonable force against you then this can turn the case in your favor. It might look as you were resisting the arrest made by the law enforcement officer just for the sake of self-defense. A strong argument can be made and the decision might be given in your favor. 

Unlawful arrests:

Now that you have an idea about what can be done when you are accused of resisting an arrest, you should also know about unlawful arrests. One thing you should while defending yourself is that even if the arrest against you was unlawful, doesn’t mean you have a solid defense for the accusations of resisting arrest. Only if the officers were using excessive force, weren’t identifying themselves, or if you were defending others then the unlawful arrest strategy might work.

The pointers mentioned above explain what to do when accused of resisting arrests. You can build a strong defense for yourself by saying that the officers didn’t identify themselves, or used excessive force. For more information about criminal lawyers, do follow us on Google Maps, Bing, and Ourbis.