Posts written by Jacob Kettner

Best Defence Lawyer for Accusations of Violent Crimes

Defend Yourself Against Accusations Of a Violent Crime In Winnipeg

Everyone has been in a situation that has escalated out of control. From crazy parties to an escalated argument, sometimes things happen and things spiral into a call to the police or a false accusation. Things like this could potentially cause you to go to jail for years or have to pay an exuberant fine for something you may not have even done.

In those situations, you may feel like there is nobody on your side, and the entire world wants to see you found guilty. That is where I come in, a dedicated lawyer set on being on your side and helping you get acquitted or at least see reduced sentences.

Out of all of the types of crimes out there, the most severely punished are violent crimes. If you are facing accusations of a violent crime, you could be facing either a long jail sentence or a lofty fine. With situations that may arise, time is of the essence for finding a good lawyer to help you through the complicated process.

Things can easily become out of control during the time between the event that took place and the hearing, and you need someone on your side that is used to these events to help you navigate the craziness and keep you and your rights protected and help streamline the process to getting you acquitted.

 What To Do If You've Been Accused Of  a Violent Crime

What To Do If You’ve Been Accused Of  a Violent Crime

If you’re in a situation where you’ve been accused of a violent crime and you don’t know what to do, make sure to remember your rights. You always have a right to a lawyer.

A good police officer will remind you that anything you say willingly can be used against you in a court of law, so the best option when you are facing a criminal charge of a violent crime is to stay silent until you can speak with a lawyer.

You also have the right to a lawyer through this entire process, and if you cannot afford one, one will be appointed to you. However, it is of your best interest to hire only the best lawyer in Winnipeg, to ensure that the trial plays out in your favor.

 Best Defence Lawyer for Accusations of Violent Crimes

Best Defence Lawyer for Accusations of Violent Crimes

So be sure to contact me, Matthew Gould, if you have been accused of a violent crime. You cannot be found guilty unless a Crown prosecutor can prove your guilt beyond a reasonable doubt. I am a trained lawyer who can help shake up their case, and provide counterarguments and evidence to get you the best results you need.

Having me on your side can help turn the case around and prove to the Crown that their evidence is weak and that their witnesses will not stand up well to cross-examination.

You Need an Expert So Hire an Excellent Criminal Defence Lawyer

Winnipeg Criminal Court, What You Need to Know

No one wants to visit the inside of a courtroom. Especially a criminal court. Well, maybe just to visit and see a case or if you’re on jury duty, that may not be so bad.

But if you’re in a Winnipeg criminal court for any other reason, well…

If you do happen to find yourself in a spot and inside a Winnipeg criminal court, then you need to educate yourself on the process you’ll be facing as well as know your rights so you don’t proceed with blinders on.

A Lesson on Winnipeg Criminal Law

A Lesson on Winnipeg Criminal Law

Not everyone is up-to-date on Winnipeg criminal law. No, that’s a lawyer’s job. But you can still do some research. Hopefully, you’ll never have to, but if you’re reading this, there’s a good chance you do.

If you find yourself in need of criminal defence, call a lawyer straight away. That’s the first thing you need to know.

You’ll also need to know how the Winnipeg criminal court operates, and what to expect if you need to set foot inside of one.

First, a little civics lesson.

Manitoba’s court system is three tiered. There’s the Court of Appeal (the highest level, comprised of a chief justice and twelve judges), the Queen’s Bench (the highest trial court, and also handles family and small claims matters, basically cases of all kinds), and the Provincial Court (handles mostly criminal and youth cases).

The last one is our focus as this is where your lawyer (an expert on Winnipeg criminal law) will most likely try your case. Cases like driving under the influence (DUI), drug offences, crimes of violence, domestic violence, property related offences, fraud and white collar crimes as well as youth offences are heard here.

Once a person is charged with one of these offences, that is when the Winnipeg criminal court comes calling as it will then hear any applications for bail, and will sit to hear the first court appearance, the resolution part of the case, any preliminary inquiries (this is to tell if the evidence against the accused is substantial enough for the case to proceed), and then of course, the trial itself.

You Need an Expert So Hire an Excellent Criminal Defence Lawyer

You Need an Expert So Hire an Excellent Criminal Defence Lawyer

Winnipeg criminal law requires an expert lawyer to handle all aspects of any and existing criminal proceedings. And it takes years of education as well as court experience to know the process well enough to provide an adequate defence.

You certainly wouldn’t want to trust this job to yourself, nor should you do so with a lawyer who has little or no experience with Winnipeg criminal law, or any experience inside a Winnipeg criminal court.

Hopefully you’re reading this for curiosity’s sake, but if you’re not, and you are in need of a strong lawyer who specializes in Winnipeg criminal law and knows his way around a Winnipeg criminal court, make sure to do your homework, research the process thoroughly, and contact a top flight criminal defence lawyer who will represent you as thoroughly and expertly as you deserve.

Because everyone deserves the best possible defence regardless of the reason for needing one.

Prison Booking Procedure and Tips

In all honesty, the hope is if you’re reading this, it’s for purely informational reasons. You’re just curious.

But in the event you have been charged with a crime, and you need to know the police booking process, and eventually the prison booking process, we’re going to fill you in.

For offences that occur quickly, like if you’re pulled over and charged with a DUI, the first part of the process is abbreviated. But if you’re charged with an offence that requires an investigation that leads to an official charge, you’ll need to know what you’re to face.

The basics are when the police have enough evidence against you to lay a charge, they’ll present the evidence to a prosecutor who will then decide if the evidence warrants a charge. If yes, then you will be served with a document (served by the police) detailing the charges, at this point, you’ll want to contact a good criminal defence lawyer. You don’t want to enter this process without representation.

The Police Booking Process

The Police Booking Process

The police may need to get a warrant for your arrest from a judge, or they may just serve you with the necessary documents.

Once served, the document you receive will detail instructions as to when and where to report for court.

This is also the time you’ll be notified as to whether prison booking is necessary, because depending on the severity of the charge, you may need to be taken into custody to determine whether or not you need to be held until trial, whether or not bail is necessary and whether you qualify for it, how much bail is, and so forth.

Depending on the offence and the type of bail you may have, there may be the necessity for a bail hearing, and this is the process where a top flight criminal defence lawyer will be beneficial. Your lawyer can help you through this process and assist with the arrangements you need to make.

And remember, no one can be denied bail without cause. But the decision to be released on bail depends on several factors, including the serious of the offence and whether or not you have prior convictions. Your lawyer can help explain all this.

During the prison booking process, you will be formally arrested, which could happen once you’re formally served with the charges or you may be asked to report at an agreed upon time and date.

Which means once arrested, you’ll need to be fingerprinted, your rights will be told to you, and you’ll be given the chance to call a lawyer, or a defence lawyer paid for by the government if you can’t afford to pay for your own lawyer.

Your case paperwork will then be completed. You may start out at a local police station, then transferred to a county or provincial jail or prison.

Prison Booking Tips

Prison Booking Tips

And here’s a tip, if you find yourself in the prison booking process, know your rights, and be respectful. And keep in contact with your lawyer, especially before prison booking, they can inform you of anything you need to know for the process to be as smooth as possible, given the circumstances, of course.

So if you’re faced with the need for this information on the police booking process or prison booking process, contact the best criminal defence lawyer you can find. The process is complicated and confusing, and with the stress involved when under indictment or charge, you need the peace of mind a criminal defence lawyer can provide during this process.

How Will Police Know If I am Impaired by Drug?

When police suspect that someone is driving while impaired by alcohol, most people know how police will determine whether the person is in fact legally impaired: by administering an Approved Screening Device (ASD) or a breathalyzer to the driver. However, where police suspect that a person is impaired by drug, the methods that police use to ascertain impairment are more complex and less commonly known. This article will briefly describe these methods. 

The first way that police determine whether someone is impaired by drug is by administering the Standard Field Sobriety Tests (SFSTs). This type of test is usually done at the side of the road once a motorist has been stopped. The test involves a series of smaller tests. The tests include a Horizontal Gaze Nystagmus Test, a Walk and Turn Test, and a One Leg Stand Test. If the driver refuses to undergo these tests, they may be charged with failure or refusal to comply with demand, an additional criminal offence.

Another tool that police may use to determine whether a motorist is impaired by drug is a Drug Recognition Expert (DRE). The DRE will use a 12-step procedure to evaluate the motorist. The DRE consists of similar tests as the SFSTs, but also involves examinations of the driver’s blood pressure and temperature, muscle tone, and a search for and examination of any injection sites. 

Based on the evaluation, the DRE will decide whether or not the driver is impaired. If the DRE finds that the driver is impaired, The Criminal Code allows police officers to demand the motorist to provide a sample of saliva or urine for the purpose of confirming or refuting the DRE’s opinion that they have a drug in their body. Under this provision, police officers are also authorized to demand that the motorist provide a blood sample for the purpose of determining whether the person has consumed a drug. As with the SFST, if the driver refuses to comply with the police officer’s demand for a bodily sample, they may be charged with the additional offence of failure or refusal to comply with demand. 

If you or someone you know has been charged with operation while impaired by drug or failure or refusal to comply with demand, a conviction will result in serious legal consequences. To avoid these consequences, contact Matt Gould now to discuss your case.

What is Impaired by Drug?

The Liberal government recently announced legislation that would allow adults to legally possess, share, buy, and grow marijuana. This new legislation is scheduled to become law in July of 2018. Before this legislation comes into effect, it is important to understand how it will impact other areas of criminal law. One of the aspects of criminal law which will be most affected by this change is the law on impaired driving. In preparation for this new legislation, I will be publishing an article each week to help you understand the law on driving while impaired by drugs. 

Impaired by drug is a relatively new area of the law, and is very complex. Many people do not even realize that it is illegal to drive while impaired by drug, and think that it is only illegal to drive while impaired by alcohol. In fact, section 253(1) of the Criminal Code prohibits the operation or care or control of  a motor vehicle, vessel, aircraft, railway equipment while a person’s ability to do so is impaired by alcohol AND/OR drug. This is because even a small amount of a drug can affect a person’s attention, reaction time, and judgment. 

Some of the most common drugs found in drivers who have been involved in car accidents include marijuana, opioids, and amphetamines. Even prescription drugs or legal drugs can impair a person’s ability to drive. 

The consequences of being found guilty of impaired driving are very serious, as this offence carries a mandatory minimum sentence. Where it is a person’s first time being convicted of impaired driving, they will receive a minimum fine of $1,000. If it is their second time, they must be imprisoned for at least 30 days. For each additional time that they are convicted of impaired driving, they must go to prison for at least 120 days. The penalties are even more serious where the person causes bodily harm or death to another person as a result of their actions while impaired by drug, and include the potential for life imprisonment. 

If you or someone you know has been charged with operation while impaired by drug, effective legal representation is absolutely essential given the serious consequences of being convicted of the offence. Contact Matt Gould now to discuss your case.