CRIMINAL DEFENCE LAYWERS

Murder and manslaughter cases are extremely complex, both legally and factually. They require highly skilled and experienced trial lawyers to dig through the evidence and present a compelling defence to a jury. The lawyers at Linh Law have a wealth of experience in defending murder, manslaughter, and other homicide charges. We know how use a wide range of strategies to vigorously challenge the prosecution’s case in court. 

Whether you’ve been charged with small-scale possession or a larger trafficking offence, the penalties range based on a variety of factors. You need a lawyer who is experienced to represent those accused of any offence under the Controlled Drugs and Substances Act (“CDSA”), including possession, delivery, trafficking (selling), manufacturing, and illegal growing. They have significant experience in assessing evidence for Charter breaches and search warrant issues. 

 You don’t want to be remanded in custody while you wait for your trial or for your criminal charges to be finalized. If you are refused bail by the court you cannot have the application reheard before the same court unless a change of circumstances exists. So it’s important to get it right the first time. A criminal lawyer will help prepare and present your bail application properly and will focus on the issues that are required to be addressed when arguing for your release from custody. 

This is your constitutionally protected right. 

A sexual assault charge is one of the gravest offences a person can be accused it. Sexual assault includes a wide variety of charges, including sexual assault (sometimes referred to as rape), sexual touching, sexual exploitation, sexual interference, indecent exposure, prostitution, and child pornography offences.

A sexual assault accusation or charge can carry with it severe social stigma that could have serious effects on a person’s employment opportunities, and their reputation in the larger community. The sensitive nature of sexual assault has created a specific and unique procedure regarding the handling of the offence throughout the Court system. This includes special and complex procedures and pre-trial applications regarding the admissibility of evidence before it is allowed to be introduced at trial.

The consequences of a conviction of sexual assault are far reaching, including after the conditions of the sentence have been served. This could include an order from the Court that a convicted person be registered via the Sex Offender Information Registration Act, a database of individuals who have been found guilty of certain sex-related criminal offences. The result and impact of the conditions of a sexual assault conviction, and all related ancillary orders stemming from a conviction of sexual assault, could have a severely limiting impact on the ability of an individual’s employment and volunteering opportunities, as well as limiting the areas and locations they are permitted to be near. 

Given the complex nature and procedures that govern how a sexual assault is to be handled in the criminal justice system, it is crucial that an individual seek knowledgeable and experienced counsel who can guide an accused through this special regime created specifically for sexual offences. 

If you are charged with domestic assault or a domestic violence offence, it is in your best interest to hire a competent and qualified criminal lawyer, sooner rather than later. A criminal charge is classified as a domestic violence offence if it occurs between two people who are currently or have previously been involved in a romantic relationship. Domestic assault charges often involve allegations of uttering a threat and/or damage (mischief) to property.

There is no separate charge in the Criminal Code for “domestic assault”, however, domestic related offenses are treated more seriously by the courts. Many courthouses have courtrooms designed specifically to deal with “domestic” cases, and Crown attorneys specifically trained to deal with these cases. The Criminal Code also contains special provisions that serve to protect victims of domestic violence.

An impaired operation of a motor vehicle charge is one of the most common, but one of the most severe offences an individual can be charged with, along with its related offences. A mere allegation of impaired operation  by a police officer creates a number of unique obligations and procedures that are not found with other types of offences. This includes obligations regarding testing, providing samples, among other unique obligations pertaining to an individual charged with impaired operation of a motor vehicle. 

In 2015 impaired driving and its related offences received an extensive overhaul. Since that time there have been a number of further developments within the manner that the criminal justice system deals with impaired operation, including minimum sentencing for a conviction of impaired operation, and any subsequent convictions for impaired operation. 

It is important to have legal counsel in regards to an impaired driving charge, both during the time of arrest and well as in Court, due to the unique requirements of an impaired operation charge, as well as the severe and often permanent consequences of a conviction. 

Theft is treated very differently depending on the value of the goods taken and the circumstances surrounding the allegations. If the value is less than $5,000, it could be treated as a summary offense, and you may be able to avoid serious consequences.

If it's over $5,000, you could be looking at up to 10 years in prison. If you are charged with a minor theft charge, theft of a motor vehicle, or a more serious crime, you need to consult an experienced law firm.

There may be a variety of ways to deal with your charge. If a withdrawal is not attainable, it may make sense to resolve your case with a conditional discharge, which is not a registered conviction. With that said, a conditional discharge is still a guilty plea, which is not ideal, especially if you have no criminal record, to begin with. In that sense, if there is any way to avoid a criminal record, an experienced criminal lawyer will make that a top priority.

Assault is one of the most common offences an individual can be charged with. The offence of assault covers a broad spectrum of alleged actions and gestures, as well as an equally broad range of potential consequences. The definition of assault as per the Criminal Code of Canada is defined as any intentional and unlawful application of force, or attempted application, wherein the accused has no reasonable belief of consent, or by an act or gesture to cause another to reasonably believe that force is about to be applied to them. 

An assault charge is to not be taken lightly, given the wide breadth of potential sentences if found guilty. The scope of sentencing can range from discharges to sentences, which can include the potential consequences of probation, house arrest, a criminal record, and jail time. Consequences that all of which can have a huge impact on your employment, ability to travel, and personal reputation. 

We understand that facing an assault charge can be an incredibly stressful and frightening prospect for a person. Having knowledgeable defence counsel can ease this stress and fear by helping explain and guide you through the criminal justice system so that you can arrive at the best outcome possible. 

Robbery is often theft with a weapon, though the weapon doesn't have to be a gun or knife.

It can be anything that can be used in a threatening manner. It may involve no weapon at all for that matter, but is elevated from theft because of the intention to use force.

Robbery can include mandatory minimums in certain circumstances. This means that the judge will not have a choice about sending you to prison if you are found guilty or plead guilty.

Often our approach focuses on getting the robbery charge removed so that your charge can be treated as theft and give us more flexibility.

Whether we can do this will often depend on the allegations. If there are triable issues, it may be able to avoid a conviction, and that would be our goal if the facts and circumstances of your case allow for it.

Penalties can range anywhere from a conditional discharge, to house arrest or jail time. Robbery charges can sometimes include threats and violence, which makes a jail sentence more likely.

Regardless of the circumstances, you need strong legal representation to protect your best interests.

Cases involving accusations of fraud and white collar crime can be highly technical and complicated. Our team will work to minimize the negative impact these kinds of charges can have on your career, your personal life, and your future.