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Understanding Bail Denials

Bail is a fundamental aspect of the legal system designed to ensure individuals can await trial outside of jail. However, being granted bail is not an absolute right, and there are instances where this privilege may be denied to some individuals.

Nature of the Offence

One primary factor influencing bail decisions is the nature of the alleged offence. More serious crimes, such as violent offences or those involving significant harm to others, are more likely to result in a denial of bail. Courts carefully consider the potential threat a defendant poses to the community, and the severity of the charges when determining whether to grant bail.

Flight Risk

Courts assess whether a defendant poses a flight risk when deciding on bail. If substantial evidence suggests that the accused may attempt to evade trial by fleeing, a judge may opt to deny bail. Factors that contribute to being perceived as a flight risk include a lack of ties to the community, a history of evading law enforcement, or access to resources that could facilitate escape.

Prior Criminal Record

A defendant’s criminal history plays a significant role in the bail determination as well. Individuals with a history of prior offences, particularly those related to violence or other serious crimes, may face increased scrutiny when seeking bail. A repeat offender may be seen as a more significant threat to public safety, which may lead to a denial of bail from the court to potentially prevent any further criminal activity from the individual.

Risk of Witness Intimidation

In cases where witness intimidation is a concern, judges may choose to deny bail to prevent interference with the legal process, which often occurs in cases involving organized crime, where defendants may have the means and motive to intimidate witnesses. By keeping the accused behind bars, the court aims to protect the integrity of the legal proceedings and ensure witnesses can testify without fear of reprisal.

Failure to Appear in Court

A history of failing to appear in court is a red flag regarding bail decisions. If a defendant has a track record of not showing up for scheduled court appearances, it diminishes the court’s confidence that they will comply with the conditions of their release. In such cases, judges may opt to deny bail to prevent further legal disruptions.

Public Safety Concerns

The court’s paramount concern is the safety of the community. If releasing a defendant on bail is deemed a potential threat to public safety, a judge may deny bail to protect the well-being of society. This consideration is particularly relevant in cases where the alleged offence involves a risk of harm to others, or if there is evidence suggesting that the defendant poses a danger to the community.

Drug and Alcohol Dependency

Substance abuse issues can also impact bail decisions. If a defendant’s alleged offence is connected to drug or alcohol abuse, or if the individual has a history of substance dependency, the court may be more inclined to deny bail. This decision is often motivated by concerns about the defendant’s ability to maintain sobriety while awaiting trial.

Can The Court Change Bail Orders?

Courts have the authority to adjust or raise bail under certain circumstances. Various factors typically influence the decision to raise bail, and it’s essential to understand the reasons behind such adjustments.

Changed Circumstances

If new evidence emerges or there is a significant change in the circumstances of the case, the court may revisit the bail amount. For example, if additional charges are filed or the prosecution presents compelling evidence not initially considered, the court might raise the bail amount.

Violation of Bail Conditions

A defendant released on bail may fail to comply with the conditions set by the court, such as attending court hearings, staying within specified geographic boundaries, or refraining from contacting specific individuals. In that case, the court may raise the bail amount or revoke bail altogether to ensure compliance and protect the integrity of the legal process.

Flight Risk Concerns

If the court becomes aware of new information that increases concerns about a defendant being a flight risk, they may raise the bail amount to mitigate the risk of the individual not appearing for future court proceedings.

New Criminal Activity and Public Safety Concerns

The court may raise the bail amount if heightened concerns about public safety are related to the defendant’s release. If a defendant is arrested for new criminal activity while out on bail, the court may decide to raise the bail amount. The idea addresses the increased risk of someone allegedly committing additional offenses while awaiting trial.

Reconsideration of Initial Assessment

Upon reviewing the initial bail assessment, courts may determine that the original amount set was insufficient to ensure the defendant’s appearance in court or to address other concerns. In such cases, the court might decide to raise the bail amount to better align with the perceived risks and circumstances of the case.

Know Your Rights When Under Arrest

While bail is a crucial aspect of the justice system, it is not an automatic entitlement. Understanding bail is essential for anyone navigating the legal system. Legal professionals play a crucial role in navigating these processes and advocating for their client’s interests within the bounds of the law.

Ultimately, a thorough understanding of the legal nuances surrounding bail decisions is vital to navigating the complexities of the criminal justice system. It is crucial to consult with legal professionals when facing the possibility of bail denial.

A skilled attorney can advocate for their client, presenting compelling arguments to the court and addressing concerns that may lead to a denial of bail. Call AR Law at 416-960-0781 to schedule a free consultation today.

Driving High in Canada: Understanding the Law and the Possible Consequences

The Canadian Cannabis Act made marijuana legal for recreational and medicinal purposes in 2018, but there’s still often confusion surrounding when it’s okay to smoke and when it can cause legal repercussions. While marijuana is legal, driving under the influence of it is not. Find out what qualifies as high driving, how officers determine whether you are under the influence of marijuana or other drugs, and what the legal THC limit is in this resource.

What Is High Driving?

High driving is when you are driving under the influence of a drug. While most people are referring to marijuana when talking about getting high, this could technically apply to other drugs as well. High driving is illegal because it falls under the category of driving while impaired. When you are under the influence of a substance like marijuana, you may have slower reaction times, have more difficulty focusing on the road and your surroundings, and be more likely to cause an accident or fail to avoid one.

Marijuana affects each person differently, and how high you get when consuming it can depend on several factors. These include your body weight, what kind of tolerance you have built up, what kind of marijuana product you consume, and the method of consumption.

How Do Officers Determine Whether You Are Under the Influence of Drugs?

Officers use many clues to help them detect if someone may be driving under the influence. For example, a person who is driving high may be driving under the speed limit, have difficulty maintaining speed, have trouble maintaining their lane, or run a stop sign or commit another traffic infraction.

If an officer sees signs of impaired driving, they can pull you over for a traffic stop. During the stop, the officer will ask you general questions to observe how you are able to carry on a conversation, including your reaction time, whether you’re slurring your words, and if you appear to be aware of your surroundings. The officer will also be aware of any kind of marijuana smell coming from the car.

If the officer believes that you are showing signs of driving high, they can ask that you take a roadside drug test with a spit sample. If the test is positive, you can be arrested and taken into custody, where a blood test can be done to see how much THC you have in your bloodstream. You may also be asked to take a field sobriety test at the scene of the stop to check your motor function and cognitive skills.

What Is the Legal Limit for THC in Your System in Canada?

For most people, the legal limit of THC in your blood is 2 nanograms per milliliter. However, there are some segments of the population that fall into the zero tolerance policy. Those under the age of 21 or who have a G1, G2, M1, or M2 license are not allowed to drive with any level of THC in their blood. The same applies to anyone driving a commercial vehicle or an A-F driver’s license. Those who use marijuana for medicinal purposes — as opposed to recreational purposes — are not subject to the zero-tolerance law but can still face charges if they are arrested for impaired driving.

What Are the Consequences If You’re Convicted of Impaired Driving?

If you’re arrested and convicted of driving while high, you can face serious consequences — especially if you have previous convictions. Below is a list of the penalties you could face by level of THC in your blood and whether it’s a first, second, or third offence.

• 2-5 ng/ml
  • First offence: Driver’s license suspended for three days and a fine of up to $550
  • Second offence: Driver’s license suspended for seven days, a fine of at least $350, and a mandatory education program
  • Third offence: Driver’s license suspended for 30 days, a fine of at least $450, mandatory treatment program and medical exam before you can begin driving again, and 6 months of using an ignition interlock device
• 5 ng/ml
  • First offence: Driver’s license suspended for 90 days, your vehicle impounded for a week, and a fine of $550
  • Second offence: Driver’s license suspended for 90 days, your vehicle impounded for a week, $550 fine, and a mandatory treatment or education program
  • Third offence: Driver’s licenses suspended for 90 days, your vehicle impounded for a week, a mandatory treatment program, 6 months with an ignition interlock device, and other fees

It’s possible to face even harsher penalties in severe cases or situations where there have been multiple previous offences, including permanently losing your driver’s license. If you’ve been arrested for driving while high, it’s important to discuss your situation with a criminal defence lawyer to ensure that you’re aware of the potential penalties you’re facing and your options for defence.

What Should You Do If You’re Arrested for Driving High?

If you’ve been arrested for driving high, the first thing you should do is tell officers that you want to speak with a lawyer. Don’t answer any questions with a lawyer present. The things that you say and do, starting with the traffic stop, can make a big difference in your case. Don’t give officers any additional evidence or statements that could be used against you. When your lawyer comes, they will be able to talk to you about the charges against you and provide counsel about what happens next.

When you’re facing severe penalties such as license suspension and hefty fines, you need a criminal defence lawyer who is prepared to help you fight back against charges. Call AR Law Barrister & Solicitor to discuss your case and learn more about how our legal team can help.

Can You Refuse a Breathalyzer Test?

If you’ve ever been pulled over after having a drink or two, you know how scary it can be. Even if you know that you’re not impaired, it can still be unnerving to see the lights flashing behind you and have a police officer asking you to take a field sobriety test. The Breathalyzer is one such test. It requires you to blow into a device that can detect your blood alcohol level through your breath. If it shows that you are over the legal limit in Ontario of 0.08% or 0.08 grams of alcohol per 100 millilitres of blood, you can be charged with driving under the influence. Keep reading to find out whether you can refuse a Breathalyzer test and what happens if you do.

Do Officers Need Probable Cause to Request That You Take a Breathalyzer?

Prior to December 2018, officers had to have probable cause to request that you take a field sobriety test. This meant that the officer had to have a reasonable suspicion that you were driving under the influence to be able to request the test. Examples of this could be a smell of alcohol in the car or coming from your person, having an open container in the vehicle, or displaying DUI behaviours, such as failing to maintain your lane.

However, this changed when the law was updated to allow an officer to request that you take a field sobriety test such as a Breathalyzer without needing probable cause. This means that an officer can request that you take the test without needing any specific indication that you may be under the influence. The only requirement is that the officer must have the Breathalyzer device on their person or in their car.

Charge for Refusing a Breathalyzer

While an officer isn’t going to physically force you to blow into the device, refusing to take the test is a criminal offence under the Criminal Code of Canada, section 320.15(1). The formal charge is “failure or refusal to comply with a demand.” Depending on the circumstances of the case, you may also be charged with driving under the influence or causing an accident that resulted in bodily harm if you were involved in a crash that resulted in injuries.

Consequences of Refusing a Breathalyzer

If you refuse to comply with the officer’s request to take a Breathalyzer test, you can face the same potential penalties as a driving under the influence charge. This is because failing to comply with a request for a Breathalyzer test is treated the same as taking and failing the test. While the exact penalties can vary depending on the specific case, there are minimum penalties imposed for failing to comply with a demand for a Breathalyzer. For a first offence, the minimum penalty is a $2,000 fine. If it’s a second offence, the minimum penalty is 30 days in jail. For each subsequent offence, the minimum penalty is 120 days in jail.

While the above are the minimum penalties, it’s also possible to be given a harsher sentence. A failure to comply with a demand charge can also result in up to 2 years in jail if it is a summary conviction. You could also lose your driver’s license for 90 days, have your vehicle impounded, and have to pay court fees and a fee to get your license reinstated after the suspension period.

If this is not your first offence, you may also be forced to attend a mandatory education program or have an ignition interlock device installed on your vehicle. This device requires you to blow into it to show that you are not impaired every time you start your car.

As you can see, the penalties for refusing to take a Breathalyzer are significant, and it’s important that you understand what your refusal means as far as criminal charges and being able to drive in the future. If you have questions about anything related to a traffic stop or being suspected of driving under the influence, a criminal defence lawyer can help.

How a Criminal Defence Lawyer Can Help

If you are facing criminal charges related to failing to comply with an order for a Breathalyzer or driving under the influence, a lawyer can advise you of your options. Depending on the exact details of your case, you may be able to fight back against these charges. For example, if the officer didn’t clearly explain what would happen if you refused the Breathalyzer, you may be able to consider this in your defence. Also, if the officers infringed upon your rights at any point during the stop, it might impact their case against you and may prove valuable to your defence strategy.

When you work with a criminal defence lawyer, you get the benefit of their years of experience and their in-depth legal knowledge. A lawyer knows what to look for in your case and what common areas officers can overstep or not follow proper procedure — all of which can help you if you are charged with a crime in Ontario.

If you refused a Breathalyzer test and are now facing charges, or you failed a field sobriety test, it’s important to speak with a criminal defence lawyer as soon as possible. While refusing to take a Breathalyzer test can result in automatic charges, you may have some legal options to fight other related charges that were the results of the traffic stop, or to mitigate the potential penalties. Find out what your rights are and how you can defend yourself against these charges when you call AR Law Barrister & Solicitor.

Being charged with a crime in Canada is a serious matter. However, there are various classifications that can affect the severity of penalties a person may face. One of these classifications is whether an offence is designated as absolute liability, strict liability, or mens rea. These categories dictate whether the courts believe criminal intent was present.

What Are Canada’s Three Standards of Liability for Offences?

While criminal intent is a significant element of an offence in Canada, it is not the only consideration. The standard of liability under which an act falls will also dictate the defences that the accused can employ to prove their innocence.

What Is Absolute Liability?

An absolute liability violation is a standard of liability where the Crown Attorney is not required to prove that a person had criminal intent. They need only prove that an act happened beyond a reasonable doubt. The defendant is not entitled to a defence of necessity, accident, or due diligence.

This may sound like the deck is stacked against a defendant, but the one positive aspect of these charges is that jail time is not a possibility. Heavy fines are possible.

What Is Strict Liability?

Strict liability violations also do not require that the Crown Attorney prove criminal intent. It’s enough to simply show the courts beyond a reasonable doubt that an act occurred. However, the defendant is entitled to defences such as mistake of fact and due diligence.

While having additional defence options is good, strict liability crimes can result in fines and jail time.

What Is Full Mens Rea?

When the Crown Attorney can prove criminal intent, the mens rea element is established, hence the accused may face a conviction. This means that a person had intent, knowledge, or engaged in reckless acts. Proving intent can be done by meeting evidentiary standards.

When mens rea is proven, the penalties can be severe. Many people are serving life in prison because the courts believed criminal intent was present during their alleged crimes.

What Are Examples of Different Types of Crime in Canada?

The difference between absolute liability, strict liability, and mens rea in Canada may seem complicated to those outside of the legal field. The following examples provide some insight into the types of crimes that may fall under each liability standard:

• Absolute liability crimes
  • Failing to stop at a stop sign
  • No valid insurance card
  • Dumping industrial waste
  • Employers failing to provide required safety equipment
• Strict liability crimes
  • Careless driving
  • Selling food deceptively
  • Emitting certain contaminants
  • Misleading advertising
• Mens rea crimes
  • Embezzlement
  • Lying to a police officer
  • Misleading information on tax forms
  • Murder

What If You’re Charged With a Crime?

A lack of criminal intent is often a mitigating factor when it comes to charges laid in court. However, this lack of intent does not mean you won’t face serious consequences. In fact, defendants can end up in prison even if they never intended to commit a crime.

As such, your first step should be to remain silent. You don’t have to speak to the police. In many instances, you may admit to an absolute or strict liability crime while trying to explain that you had no criminal intent. Instead, you should immediately contact a criminal defence lawyer.

It is no secret that theft is considered a serious crime. In fact, prison sentences of up to 10 years are possible even for a first offence. However, did you know that possession of stolen property is often treated just as seriously under the law? You may have never stolen anything in your life, but a conviction of theft by possession can still lead to a criminal record.

Here’s what you need to know about this charge and how it can affect those accused of theft. If you have additional questions or need legal representation, contact our law firm to speak with a theft lawyer in Toronto today.

What’s the Legal Definition of Possession of Stolen Property?

Possessing stolen property is a hybrid offence under the law. This means it can be charged by indictment or summary conviction. The crime itself is defined as possessing any property or the proceeds of property “knowing that all or a part of the property” was obtained via an indictable offence.

Because theft is an indictable offence, possessing an item that was procured through theft is a crime. This can happen if you buy a stolen Rolex from a street vendor, pay an online marketplace seller for a television they stole, or even if a friend gives you a gift that they shoplifted from your favourite boutique.

What Needs to Be Proven in a Possession of Stolen Property Case?

To secure a conviction, the Crown must prove several key elements beyond a reasonable doubt:

• That you were in possession of the property

• That the property was obtained through a criminal act

• That you knew the property was stolen

• That you were aware you were in possession of the item

This is where many defences begin. A successful argument might show that you were unaware the item was stolen or had no intent to commit a crime — a legal concept known as mens rea, or “guilty mind.” For instance, if you unknowingly purchased a stolen item at a resale store, you may not be criminally liable if there was no reason to suspect it was stolen.

Do You Have to Know That Property Was Stolen?

While Canadian law defines possession of stolen property as only occurring when the defendant knows that the property was stolen, actual knowledge of a crime is not required. The Crown Attorney only needs to prove that you acted recklessly or were “wilfully blind” when you obtained the item.

For instance, think back to the stolen Rolex we mentioned earlier. If the street vendor is trying to sell it to you for $500 — even though it retails for closer to $7,000 — the deal may seem too good to be true. This could be a person’s downfall. The prosecutor could argue that the defendant ignored obvious signs that the watch was likely stolen.

What Are the Legal Penalties for Possessing Stolen Property in Canada?

While it may seem unfair, someone charged with possessing stolen property can face the same penalties as the individual who stole the item. If the value of the item is less than $5,000, the crime is punishable by two years if charged as an indictment.

Even if the Crown Attorney opts for summary conviction, you could be imprisoned for six months. If the item is worth more than $5,000, you could face up to 10 years in prison. Clearly, the stakes are extremely high.

Anyone charged with such a crime should seek legal assistance immediately.

The criminal justice system can be complex and stressful to deal with. There are times when evidence is clear, and convictions are simple. However, there are also instances where the Crown feels the threat of crime may exist or that they cannot prove that someone committed a crime. In such cases, a peace bond might be issued. What is a peace bond? It’s an intricate area of the law.

What Is a Peace Bond Under the Law?

A peace bond is a court order issued under section 810 of the Criminal Code to prevent potential harm before a crime is committed. It’s not a finding of guilt — rather, it’s used when someone reasonably fears that another person may cause them, their family, or their property harm. The court may impose various conditions the defendant must follow for up to 12 months.

These conditions may include:

• Keeping the peace and demonstrating good behaviour

• Avoiding contact with specific individuals

• Not visiting certain locations

• No alcohol or non-prescription drug use

• Surrendering weapons

• Paying a cash surety to the Court

Although a peace bond is not a criminal conviction, violating it is a criminal offence and can result in serious penalties.

Either a Justice of the Peace or a judge from a criminal court can issue these orders. They effectively act as a combination of probation conditions and restraining orders — even though a criminal charge or conviction may not occur. A peace bond can prove beneficial to those it targets since it can help them avoid a potential trial.

If you’re facing such a bond or wondering how it works, the wealth of information online may seem overwhelming. The following guide will provide the essential knowledge you need along with how it may affect your situation.

When Is a Peace Bond Issued?

In many instances, a peace bond is issued when criminal charges have been brought against someone. The Crown Attorney may feel that a conviction is unlikely, so rather than prosecution, they can ask the defendant to sign a peace bond to avoid trial and have charges withdrawn. If they breach this bond, though, they can be charged with a separate criminal offence.

A peace bond can also be issued if no arrest or criminal charges are levied at all. Someone can request that a bond be issued if they feel that they, their spouse, their children, or their property are in danger. A peace bond can be issued when the courts believe that a crime is likely to be committed. As such, these bonds require a lower standard of proof than criminal charges.

What Happens If a Peace Bond Is Violated?

If a person is charged with a new crime or fails to follow the conditions of their peace bond, they can face criminal charges. This is disheartening when it occurs — because the peace bond itself would not show up on most criminal record background checks. A conviction for violating the court order, however, will come up in most cases.

Anyone convicted of a breach of peace bond can be fined up to $5,000, face three years of probation, and even be incarcerated for two years. These punitive measures are in addition to any other penalties related to new crimes and charges. This is why anyone facing a peace bond or charged with violating one should seek immediate legal counsel from a Toronto criminal defence attorney at our firm.