There are several different offences of violence under the Criminal Code, from simple Assault to Aggravated Assault, to Assaulting a Peace Officer. Each different offence has unique elements that the Crown is required to prove beyond a reasonable doubt to establish the guilt of an accused person. Therefore, each has unique defences that you need to be aware of. These offences sometimes take place in an intimate relationship, usually called domestic assault or domestic violence.
Convictions for violent offences can result in a criminal record, job loss, and even jail time. You need an advocate who is familiar with these various charges and the unique defences of each one.
Adam has used various strategies and defences to successfully defend clients charged with all sorts of violent offences. If you have been charged or accused of Assault or any other violent offence, contact him for a free consultation.
Sexual offences are some of the most serious charges in the Criminal Code. The penalties often involve lengthy jail sentences, registering as a sex offender for decades or more, and significant stigma in the community. Jail sentences are increasing in length, especially when the offences involve someone under the age of 18. Parliament has recently passed new and complicated laws making it more difficult for someone charged with an offence of this type to defend themselves.
If you are charged with a sexual offence, you need a lawyer who understands the complicated nature of these laws and how to effectively advocate for you.
Adam has successfully defended clients charged with sexual assault and other sexual offences in the Provincial Court and the Court of Queen’s Bench, including jury trials. He is not afraid to put forward a strong defence for his client and to challenge the integrity of witnesses in front of the judge or jury. If you have been charged with Sexual Assault or any other sexual offence, contact Adam for a free consultation.
Convictions for drinking and driving carry with them mandatory fines and driving suspensions. If someone has a record for impaired driving and is charged again, mandatory jail sentences may result if convicted. Drinking and driving where there are injuries or death can result in significant penalties and jail sentences. Refusing to provide a breath sample can result in similar or more significant penalties.
New laws have recently passed that allow police to suspend and fine drivers who fail a roadside screening device. This new procedure has stripped drivers of the right to defend themselves in court. However, there is a review procedure.
Adam has successfully defended numerous individuals charged with drinking and driving related offences. These defences have often involved having illegally obtained breath samples excluded from the trial due to breaches of his clients’ rights under the Charter of Rights and Freedoms. If you have been charged with Impaired Driving, Refusing to Provide a Breath Sample, or another drinking and driving offence, contact Adam.
Drug investigations take on many forms. They can result from a traffic stop, or they can involve months of surveillance and other investigative techniques. They often involve search warrants, but sometimes police will arrest and search without one. If you have been charged with a drug offence, you need an advocate who knows the different defences depending on the nature of the police investigation.
There are also a number of types of drug offences, including simple possession, trafficking, production, and importation. Each has specific elements that the Crown has to prove to establish the guilt of an accused. Each has specific defences.
Adam has successfully represented clients charged with numerous drug offences in both the Provincial Court and the Court of Queen’s Bench. These offences have often involved trafficking. If you have been charged with a drug offence, contact Adam.
If you have been involved in a number of recent traffic incidents, whether those are traffic tickets or accidents, you may also receive a letter from MPI informing you that they intend to suspend you from driving. This can happen even if you have a mostly clean driving record. You have the right to a “Show Cause Hearing”, where you can try to convince MPI not to suspend your licence.
If you have already gone through the “Show Cause Hearing” and your licence has been suspended, you have the option of pursuing a conditional licence through the Licence Suspension Appeal Board (LSAB). The LSAB can grant you driving privileges for work or other activities that require you to drive.
Adam has assisted many clients through the licence suspension process, often allowing them to maintain their driving privileges. If you have received notice from MPI that they are suspending your licence or you want to apply for conditional driving privileges through the LSAB, contact Adam.
A protection order (sometimes called a restraining order) can be granted against you without the Court even hearing your side of the story. Sometimes a protection order is granted when legally it should not have been. There is a process to tell the Court your story and argue that the protection order against you should be removed, although it is a process that typically has to happen quickly (within 20 days of receiving the order). Although a protection order is not a criminal record, a breach of the conditions can result in criminal charges, and a quick search of your name on the Queen’s Bench registry would show anyone that a protection order has been granted against you.
Adam has successfully assisted clients in having the Court hear their side of the story or arguing that the evidence did not legally justify granting a protection order. If a protection order has been granted against you, contact Adam.
Property offences involve a wide range of charges, including thefts, property damage, breaking and entering, and robbery. The seriousness of the offence can depend on several factors including the value and nature of the property and whether there was violence.
Property offences can involve serious consequences if found guilty. This can also have a detrimental effect on future employment.
If you have been charged with a property offence, contact Adam.
In addition to drinking and driving offences, the Criminal Code and Highway Traffic Act have many driving charges that may not involve alcohol. These offences include Dangerous or Careless Driving, Flight from a Peace Officer, Driving while Disqualified/Prohibited, and more. The consequences can involve fines, driving suspensions, and sometimes jail. The consequences are much more severe if the offence involves injury or death.
Adam has assisted many clients charged with driving offences, whether those charges were under the Highway Traffic Act or the Criminal Code. If you are facing a driving offence, you need to know what your options are and what the potential penalties could be. If you have been charged with a driving offence, contact Adam.
Weapons offences, specifically involving firearms, have been increasing in Manitoba. Weapons offences can result from a pat down search, a traffic stop, search warrant, or other means of investigation. These investigations, if conducted improperly, can result in illegal searches and possible exclusion of evidence from the trial.
The nature of a weapon or firearm, and any potential licencing issue, is also crucial in your defence if you have been charged.
Adam has successfully defended clients charged with weapons offences. A recent case in the Provincial Court resulted in a firearm being excluded from the trial due to an illegal search. If you have been charged with a weapons offence, contact Adam.
There are a number of charges under the Criminal Code that involve fraudulent activity. These include not just theft and fraud, but identity offences, forgery, and more. Offences involving theft or fraud related charges can significantly impair one’s ability to obtain employment. They can also lead to a criminal record, potential jail sentence, and restitution payments.
Fraud related offences can be difficult and/or costly for the Crown to prove. There are times where the Crown may be able to prove the offence of theft or fraud, but are unable to prove that the amount is over $5000, which greatly increases the severity.
Adam has assisted many individuals charged with theft, fraud and related crimes. If you are charged with such an offence and you wish to discuss your options, contact Adam.
When someone under the age of 18 is charged with a criminal offence, the procedure for prosecuting them is found in the Youth Criminal Justice Act. The procedure with respect to young offenders is very different than adults, from arrest to sentencing. You or your child need an advocate who will ensure that the police and the Crown are held to these higher standards.
Young offenders are afforded more rights upon arrest than adults. If those rights are violated, evidence obtained during the arrest may be excluded from the court process.
Young offenders can only receive a jail sentence in specific situations. Young people need a lawyer that understands the Youth Criminal Justice Act and how to use the law to fight for the rights of you or your child.
Adam has used the issues mentioned above to successfully defend youth clients and to keep others from receiving a jail sentence. If you or your child has been charged with an offence as a youth, contact Adam.
If you have been convicted, or you have received a sentence that you are unhappy with, you can review your case in a higher court. Although successful appeals are rare, and not all cases warrant an appeal, the appeal process is important to ensure that the judge in your case has not made any errors in coming to his or her verdict or sentence.
Timing is crucial with respect to appeals. There are filing deadlines that must be met for a number of materials. It is important that you do not delay your matter if you wish to bring an appeal.
Adam has successfully argued appeals in both the Queen’s Bench and the Court of Appeal. If you wish to have a conviction overturned or a sentence reduced, contact Adam.
Homicide includes the most serious offences in the Criminal Code. Homicide includes First Degree Murder, Second Degree Murder and Manslaughter. Murder convictions result in a mandatory life sentence with no possibility of parole for at least 10 years for second degree and 25 years for first degree. The maximum sentence for Manslaughter is life.
If you have been arrested, charged, or contacted by police with respect to a homicide investigation, it is important that you contact a lawyer and understand your rights. Far too often, people under arrest do not exercise their right to silence and their statements to police are used against them in court. You need an advocate from your first contact with police if you have been accused of such an offence. There are numerous defences to murder and manslaughter which can result in an acquittal or a reduction from murder to manslaughter. These include self-defence, intoxication, provocation, and more.
While working as an associate at Gindin Wolson Simmonds Roitenberg, Adam has worked with other lawyers on several murder and manslaughter cases throughout Manitoba, including Winnipeg, Brandon and Thompson. Many of these cases were high profile and received a lot of media attention.
If you have been charged with a homicide, contact Adam.