How To Get Assistance In Getting An Assault Charge Dropped

Have you been charged with some sort of assault? Are you stuck asking yourself what you can do for help in this situation? We will discuss here some basic tips on how to get assistance in getting an assault charge dropped.

First we need to ask ourselves if this is even a probable idea and how often this is likely to even happen. Once charges have been laid it is not likely that they will be dropped. Let us take a look at the chances of charges being dropped before a trial.

Can Charges Be Dropped Before Trial

Can Charges Be Dropped Before Trial?

Not many people actually have charges dropped before a trial. However, those that do typically are due to situations like a witness not wanting to appear. Another common reason is that a witness decides to change their story or refuses to agree with their original statements.

Another reason could be in light of new evidence meaning that the charges are dropped due to lack of proper evidence in the beginning of a case. These are not always likely to occur so making sure that you have the best possible counsel by your side is still going to be your best option throughout the proceedings.

Getting Charges Dismissed

Getting charges dismissed is not as easy as it may sound. This is especially true for those who have been charged with assault. Most people who are pressing charges against someone that they believe assaulted them in some way will be reluctant to dismiss these charges.

Now when talking about domestic assault charges, that is a completely different story. These cases typically have a minimal amount of evidence available and are treated with much more caution. Even though these two types of charges are considered to be the same, they are definitely handled in different ways.

Depending on the case type if there is no real evidence, it can come down to simply he said she said. At that point, testimony would be the main source of conviction. Depending on the defendant’s criminal lawyer, they could have a field day with this type of evidence and get the defendant off with no penalty.


How to get assistance in getting an assault charge dropped

Are You Not Sure What To Do?

If you are looking for how to get assistance in getting an assault charge dropped simply pick up the phone and call our law office now. We specialize in these types of cases and are more than happy to set up a consult to go over your case. Get help from Matt Gould now!


How The Jail Booking Process Works

Have you been curious and want to learn how the jail booking process works?

When a person is already proven guilty of the crime that he/she has committed, the criminal suspect isn’t just right away detained to prison.

Since there is a law to follow, the police have to follow the processes when a person is arrested for legality, security, and safety.

This article briefly explains the general procedures following an arrest of a suspect.
Learn how the jail booking process works

Learn How The Jail Booking Process Works

After a warrant of arrest is given and arresting the person, he/she will then be booked into the jail.

The jail booking process may vary from every jurisdiction, but here, we present the  general procedures following an arrest of a suspect.

The steps below  will help you learn how the jail booking process works when after a suspect is arrested for a crime:

Processes When A Person Is Arrested

  1. Recording of personal information

The very first in the processes when a person is arrested is that the vital information will be taken down. The police official will record the person’s complete name, contact information, information and details about the crime, and other important information that should be taken down. It can be in the office station or at the crime scene.

  1. Mug shot of the suspect

The criminal suspect is then taken a mug shot. It is a series of photos taken at different angles. It also helps in indicating the height of the person. The date and other major information about the crime are also included.

  1. Confiscation of clothing and personal properties

The next procedure would be the confiscation of the suspect’s clothing and other personal properties with him/her. The suspect is then provided with a jail uniform that’s the same with the other inmates.

  1. Fingerprinting

The fingerprints of the 10 fingers are then taken as part of the information and a basis for evidence should there be any.

  1. Full body searching

This is not just a simple body searching. The person is required to remove all clothing to secure that the person isn’t holding any weapons or other possessions when entering the cell.

  1. Checking for warrants

The police will conduct a database check to see if the new inmate has any other outstanding warrants.

  1. Medical check

A general health check is also part of the legal procedure. This is to make sure that the suspect is in good condition and doesn’t need any immediate health care nor a threat to the sheriff and other police or to the other inmates.

  1. Incarceration

After processing all of the above procedures, the person is then taken to the prison cell along with the other criminal suspects.

processes when a person is arrested

Doing The Legal Procedures Following An Arrest Of A Suspect

Having the law implemented in every jurisdiction, a criminal suspect should not be arrested without having any defense from a criminal lawyer.

Legal steps should be followed and even those in the authority to arrest cannot violate these legal steps.


Criminal Record Check: Winnipeg’s Way Of Keeping An Eye On Criminal Activities

Everybody makes mistakes in their life. However, sometimes when you make a big enough mistake, it can follow you for years to come, possibly even forever. Unfortunately, this is the way of the world. When you commit a crime it tends to follow you for a long time, as any employer, renter, or other official person could pay for a background check and see the smears on your record, even if there was a good explanation or it’s been a long time since those days, and some people will be ruthless because of it.

Criminal Record Check: Winnipeg's Way Of Keeping An Eye On Criminal Activities

Unfortunately, background and criminal record checks are becoming much more common. While this may be good for those who want to check up on a potential partner or employee, for those who were wrongly convicted or have changed a lot since their crimes, this can be an absolute nightmare. This is, however, the way of the future. So we have compiled a list of the pros and cons of getting a criminal record check of someone you know, and how it can affect your relationship with them in the future.


Criminal Record Checks: Pros And Cons

Criminal record checks are becoming more common as the years go by. With the age and technology and the internet it is becoming increasingly popular to get a background check on future dates to make sure nothing fishy pops up, and also to make sure you aren’t in danger of being alone with them. However, there are some drawbacks to the process.

One of the major drawbacks to getting a criminal record check on someone is that there might have been a false conviction in there. While seeing any convictions might turn you off from someone, being wrongly accused or being incarcerated on a technicality can make it hard to go about your life in the future. Also, criminal record checks go all the way back in time to decades prior, so while it may seem scary that when they were 18 they shoplifted, they could have completely turned their life around by the time you meet them in the present day.

Criminal Record Checks: Pros And Cons

However, there are a lot of benefits. If you find something that is very recent, it might be a good idea to either ask them about it or steer clear of them. Harsher convictions such as murder or sexual assault can be good ones to look out for, especially if this person is someone in which you are planning to get romantically acquainted to.

But remember, even if you have gotten a conviction in the past, you still have rights and laws to protect you. If you feel you have been wrongly treated due to a previous conviction or criminal background, be sure to call Matt Gould today and see what he can do for you. Matt Gould is an esteemed criminal lawyer who is dedicated to making sure you and your rights are protected at all times. So feel free to call or click today for more information!



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 criminal 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.


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 Winnipeg criminal lawyer 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 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 Winnipeg DUI lawyer 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 by an experienced DUI lawyer  is absolutely essential given the serious consequences of being convicted of the offence. Contact Matt Gould now to discuss your case.

What Will You Do If a Family Member Is Arrested?

What would you do if you got a call informing you that a family member is arrested. This is probably a call you wish you never have to pick up and one of the worst nightmares of a parent or relative. It is upsetting and overwhelming. Yet, you have to face reality and be objective and most of all rational about the incident. You need to shove emotions to the back of your mind and also remain level-headed about the situation.

If a Family Member Is Arrested

Determine Where They Are

Think slowly, calmly, and just stay focused. Ask about the person informing you of your relative’s arrest. What is their name? Are they also a police officer? What exactly happened that led to the arrest?

If your family member is arrested, ask about their whereabouts. In which precinct are they detained? Prepare yourself mentally and emotionally as you have to face your loved one who has just been put behind bars. Finally, upon reaching the police station, stay respectful of the authorities attending to your case and be careful with your words. You would not want to cause a scene or any misunderstanding that might worsen the scenario and jeopardize the chances of the release of your relative.

You are also given the chance to have a conversation with the arrested family member. Let them know that you have their support and faith. It is also recommended to let them know that they will get through this bad situation.

Cooperation with the Arresting Authorities

Answer the police officers’ question truthfully and confidently. If you find that a question may be out of line or irrelevant, politely decline to respond and seek to consult a lawyer to assist you in the interrogation. Just like you have been interviewed by the law enforcers, make sure you also get the opportunity to gather as much information about the arrest. This is to be disclosed to you and the rest of the family. Therefore, you have the right to know about the case.

Action Plan: Legal Steps to Take

Has Your Family Member Been ArrestedProvide for your family member the best way you can. So hire a lawyer who specializes in the case the accused is involved in. Take advantage of the legal professional’s expertise. It is crucial to also remember to ask plenty questions.

Ask them to be honest about the case of your relative and ask what are their chances of getting off the hook. Solicit their suggestions and let them set forth the options that you have such as bail and any other possible legitimate arrangements.

On the other hand, you have to be able to pay for the fees of your legal counsel. Reach a Winnipeg criminal lawyer who is experienced and genuinely willing to help your family.

The Tiring Waiting Period

Legal processes take a very long time, months or even years. It will prove to be burdensome to you and your entire family. You will also have to deal with rumors going around and have the urge to defend your relative.

Don’t do anything rash. If your family member is arrested, just remember that patience is key and to stay on focus when it comes to this situation. Be cautious of who you talk to and what you say. The last thing you need is to incriminate your loved one as a result of irrelevant information. Who knows what impact they might have on your family member’s legal case and trial.

What Happens in Winnipeg Criminal Court?

If you have never been in a criminal court, you might wonder what happens inside. Is it calm and formal? Will it be like the way things are portrayed on television? Let us take a peek inside Winnipeg criminal court and gain some knowledge of what will happen inside this particular criminal court in Manitoba. This will help you understand in clear and plain terms how prosecution in criminal courts transpires.

What Happens in Winnipeg Criminal Court

Winnipeg Court Process and Proceedings

A crime is committed or assumed to be. This is followed by a series of investigative proceedings conducted by police authorities. This includes speaking with witnesses. These investigations will go on for weeks, or even months. Enough relevant evidence must be gathered to file criminal charges. Hence, a crime is believed to have actually been committed after all evidence and witness statements are carefully considered. Legal proceedings will then commence.

What will happen when a lawsuit is served? The defendant or their lawyer will be mailed a package. The package contains the list of charges against the accused. Then, a required court appearance is scheduled.

The Defendant and Their Winnipeg Lawyer

In the initial appearance of the accused in the criminal court they will face a judge to whom they can choose to plead guilty or not-guilty of the charges.

On the other hand, the prosecutor who has brought the charges to Winnipeg criminal court is to present the probable cause of the charges.

There are two outcomes that may can occur. The probable cause provided by the prosecuting lawyer might not be satisfactory. Then they are released right away. What if the probable cause presented is accepted by the judge? The accused will be officially charged with the crime.

At this point, the defendant’s Winnipeg criminal lawyer can discuss and negotiate for permission of bail.

The Judge, the Jury and the Sentence Hearing

Information on Winnipeg Criminal CourtThe judge will sit through the extensive litigation.Fist is the interview process conducted among the prosecution, the defendant’s representation, and the accused himself as well as any witnesses. Both parties take turns in presenting their evidence. The investigating police force will then present their gathered evidence.

Final arguments will be heard in front of the judge and the jury following all the lengthy proceedings. This is until both sides including the defendant and the prosecution rest. The members of the jury privately decide on the legitimacy of the lawsuit based on their sound analyses of the strength of the evidence and the statements made. The defendant will either come out guilty or not guilty.

In the event that the jurors decide that the defendant is guilty, they move into the final phase of deciding on the punishment. This is called a sentence hearing. The decision of the weight of the sanctions is all up to the judge as they make a conclusive determination.

Amid this courtroom spectacle, there is the other side of the room that consists of the public. Yes, members of the public are welcome to attend criminal proceedings.

Criminal Court Etiquette and Procedures for the Public

You must pass the security search and inspection of belongings at the courthouse as part of tight security protocol. Members of the pubic will then enter the courtroom.

In Winnipeg criminal court, punctuality is a must and silence is mandatory. Electronic devices including mobile phones, cameras and recording devices will be prohibited inside the gallery. Food and beverages will not be allowed inside either.

The public is required to dress and act appropriately and head-wear is discarded unless it is for religious purposes.

These are the basic rules for the public audience if they do not wish to be escorted to step outside due to disobedience.

For more information on Winnipeg criminal court and its trials, you may contact Matthew Gould.