Criminal Lawyers Archives - LPC Criminal Lawyers
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Category Archives: Criminal Lawyers

White Collar Crime

The phrase “white-collar crime” has become more and more prominent since Edwin Sutherland first
used it in a speech delivered to the American Sociological Association in 1939. Sutherland was referring to financially motivated, non-violent crimes. These offences were often committed by people of high social status, such as business and government professionals. The causes of these crimes differed from more traditional criminal offences, which Sutherland classified as blue collar crime.

Famous white-collar crimes include the scheme invented by Charles Ponzi in the 1920s, which afterwards was named after him and became known as a “Ponzi” scheme. Ponzi used funds from investors to pay off returns for earlier investors, and he made a tidy profit in the process. He was eventually caught and served 14 years in prison. Almost a century later, Bernie Madoff was caught and punished for doing the same thing. In the 1990s and early 2000s, Kenneth Lay and other Enron executives committed a huge number of white-collar crimes, and investors lost huge sums of money.

Lay passed away before he could be convicted. The most common white-collar crime is fraud. The punishment for a large-scale fraud can be significant. The financial punishment meted out by a court, whether a fine or a restitution order, can be crippling. If you are charged with a white-collar crime, it is important to hire the right attorney who understands and can navigate complicated financial transactions. If you require assistance with a financial crime or any other white-collar offence, contact Lockyer Posner Craig.

The Importance of Hiring the Best Robbery Criminal Lawyer in the GTA

Last Week police arrested two men after a series of armed robberies in Toronto and Brampton this summer. Multiple retail and financial businesses were robbed at gunpoint, and one of them, according to police sources, occurred on TTC property. The weapon, a replica gun, as well as masks were recovered by police during the investigation.

Earlier this summer, police were investigating another robbery on TTC property, which was caught on video. In the video, a woman can be seen chasing another woman through a subway car and, subsequently, fighting over a cellphone.

Our office often receives phone calls from people who have been arrested and charged with robbery, which is a serious violent crime offence. Robbery is defined in s. 343 of the Criminal Code as follows:

Every one commits robbery who

(a) steals, and for the purpose of extorting whatever is stolen or to
prevent or overcome resistance to the stealing, uses violence or threats of
violence to a person or property;
(b) steals from any person and, at the time he steals or immediately
before or immediately thereafter, wounds, beats, strikes or uses any
personal violence to that person;
(c) assaults any person with intent to steal from him; or
(d) steals from any person while armed with an offensive weapon
or imitation thereof.

Pursuant to s. 344(1) of the Code, the maximum penalty for robbery is life imprisonment. There are minimum punishments prescribed where certain conditions are met. For instance, there is a minimum sentence of four years imprisonment if a firearm was used in the commission of the offence. Bodily harm is not a prerequisite to the offence, but punishments are more severe depending on whether there is physical injury (yes or not) to the victim. These harsh penalties make it imperative that you hire a first-rate criminal defense lawyer to defend such charges. Your liberty could depend on it.

We constantly get the question, “Who are the top 10 best Toronto’s Criminal Lawyers for robbery cases?” The right lawyer is the one who knows the law and will use every available resource to raise a reasonable doubt and secure a “not guilty” verdict. Many robbery cases turn on eyewitness identification evidence, which is notoriously unreliable and the source of countless miscarriages of justice. Our office has been successful at overturning many wrongful convictions in the past and we continue those efforts today.

Free Legal Advice Ontario

Public fascination with crime and criminals is at an all time high. News stories abound and now TV shows and podcasts have joined in, often diving deeply into long forgotten crimes in an effort to expose the “truth” about what happened. True crime is entertaining, but it’s no fun if it happens to you. The truth is, no one wants or expects to be arrested or charged with a crime in Ontario. If it happens to you, choosing legal representation is the most important decision you will make. Whether you’ve watched Netflix’s “Making a Murderer” or listened the podcast “Serial”, you know that choosing the best lawyer can make the difference between achieving justice and going to jail. You may be wondering, “what are my options?” You may be thinking, “I can’t afford a lawyer”. The information you need will depend on the situation you are in.

If you are arrested, the police must give you the opportunity to phone a lawyer. Legal Aid provides duty counsel lawyers who can take your call. Alternatively, you can call the 24 hour Lockyer Posner Craig arrest line, at 4168472563, to receive free legal advice about your rights. Our lawyers are knowledgeable about all areas of criminal law and someone is always available to take your call.

If you have been charged with a crime but are not in custody, it is a good idea to find legal representation as soon as possible. You may want to contact the Law Society Referral Service
either online or by calling the LSRS phone number between 9:00 a.m. and 5:00 p.m. Alternatively, you can contact Lockyer Posner Craig by calling our legal line at 416-847-2560 or by using our online consultation request form 24 hours a day. We are happy to arrange free initial consultations so that you can discuss your case with a lawyer (caseworker) who will help you understand your options. We will also help you decide the best way to pay for legal representation. Lockyer Posner Craig accepts Legal Aid certificates and offers the option of flat-fee cases.

If you need help with a civil matter, Pro Bono Ontario has a free legal advice hotline. They cannot assist with criminal matters.
If you or a family member has been arrested or charged with a crime in Ontario it is important to find a good lawyer right away. Don’t wait until your case is the subject of a TV special.

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Arrest Warrants

An arrest warrant gives the police the legal power to arrest an individual. This doesn’t mean
that the police require a warrant to conduct an arrest. Section 495 of the criminal code grants
the police the power to arrest someone when:

  • they have reasonable grounds to believe the person has committed or is about to
    commit an indictable offence;
  • they are committing a criminal offence;
  • or when they have reasonable grounds to believe that there is a warrant for that
    person’s arrest.

Although it isn’t necessary for the police to serve an arrest warrant on a suspect, people will
often ask what an arrest warrant looks like. It must include:

  • either the name of the suspect or provide their description;
  • the offence they’re charged with;
  • and an order that the person be arrested and brought before the court.

An arrest warrant gives the power to any police officer who has knowledge of the warrant to
arrest the person named in the warrant. A common example of this is where a police officer
has detained someone in relation to another offence and, in the course of the investigation, she
or he discovers the existence of the warrant. If the officer is satisfied that the warrant applies
to the person under detention, they then have lawful authority to make an arrest.
Most warrants are only valid within the province where they have been obtained and many of
those warrants will have restrictions setting out a kilometer radius. It is also possible to obtain
an arrest warrant applies across Canada. Obtaining such a warrant is more onerous for the
police, who must apply for it in the Superior Court of Justice or the Court of Appeal.
If you become aware of a warrant for your arrest, contact our office to assist you. Please also
refer to my article, “What to do if the police are looking for you” published in NOW Magazine.

Example from Ontario, Canada, of what a arrest warrant looks like.

Drug Charges and Drug Trafficking Charges

The Controlled Drugs and Substances Act (CDSA) sets out which drugs are illegal in Canada
(marijuana, cocaine, heroin, etc.). There are four main offences in the CDSA: possession,
possession for the purpose, trafficking, and importing.

A possession charge means you are found with drugs in an amount for personal use. If it is your
first time facing a possession charge (under 30 grams of marijuana), you may be eligible for a diversion program. This means your charges may be withdrawn.

Possession for the purpose of trafficking means that you are in possession of an unlawful
substance for the purpose of selling or giving the substance to another person. This usually
means you are in possession of a large amount of an illegal substance – not for personal use (i.e.
you intend to sell the drugs). Trafficking in illegal drugs means selling or giving them to other
individuals, including undercover police officers. Importation of drugs occurs when you enter
Canada with an illegal substance.

Many people ask the question, “How do I beat my drug charge?” when charged with a drug
offence.

To be found guilty, the Crown must prove your guilt beyond a reasonable doubt. The Crown
must always prove the nature of the substance and possession of the substance. To prove
possession, the Crown must show that you had knowledge and control of the substance. When
charged with possession for the purpose of trafficking, the Crown must also prove that the
possession was for the purpose of trafficking.

Even if the Crown proves all of the necessary elements of the offence, you can still win your
case by demonstrating that your rights under the Charter of Rights and Freedoms have been
violated by the police. For example, your right to be protected against unlawful search and
seizure may have been violated if the police searched a home or a car without a search warrant.

If you have been arrested and charged with any drug offences (marijuana, cocaine, heroin, etc.),
Lockyer Posner Craig can help you to avoid a criminal conviction.