Criminal Defence

Stellar Law

Criminal Defence

Our lawyers understand that being charged with a criminal offence can be the most stressful time in someones life. Stellar Law Professional Corporation is here to help and fight for your rights. No matter what charges you are facing, our lawyers are here to ensure that your rights are being protected from the outset. In a criminal law matter it is crucial for you to get early legal advice. This advice may be critical to protecting your rights. Lack of early advice, or the wrong advice, can affect the ultimate outcome of your case.

Our team of lawyers can help protect your rights, whether it is a minor offence or a serious crime. Our lawyers can appear on your behalf in every Court throughout the GTA, Toronto, Durham, Halton, Peel, and York.

Criminal charges can carry significant penalties and consequences. Stellar Law Professional Corporation takes a detail oriented approach and listens to their clients. Our lawyers perform a careful review of the facts and evidence in each case. Regardless of the type of crime, the criminal justice process can be complex and requires the assistance of a professional lawyer to represent you and protect your rights.

Our legal team can assist you in the following areas of criminal law:

  • Assault and Aggravated Assault
  • Sexual Assault
  • Domestic Assault
  • Theft
  • Fraud
  • Drug Trafficking or Possession
  • Drinking and Driving
  • Weed/Drugs and Driving
  • Dangerous Driving
  • Careless Driving
  • Speeding/Stunt Driving
  • Bail Hearing

You should always exercise your right to silence and consult a lawyer for legal advice immediately, whether you think you are innocent or not. This advice may be critical to protecting your rights. Lack of early advice or the wrong advice can have a drastic impact on the outcome of your case. The police can use anything you tell them against you.

The police can either hold you in custody for a bail hearing or release you by requiring you to promise that you will appear in court, with or without an undertaking. The ‘promise to appear’ document will state your charges and the court date. If the police require an ‘undertaking’ they will add conditions in the release document, such as as staying away from a specific person or address.

After being arrested and charged with an offence, you may be released by the police or held for a bail hearing. At the bail hearing, a judge decides whether you should be released or held in custody until the time of your trial.

The ability to seek and obtain bail is a crucial feature of the criminal process. The outcome of a bail hearing can have a substantial impact on the trial itself.

How do I get bail?

You will most likely need the assistance of your family or friends to attend court and act as sureties during the bail hearing.

If you are granted bail, the court may include the following conditions:

  • Living at a certain address;
  • Not being allowed to communicate with a co-accused;
  • Not being allowed to go near a place or people;
  • Having to stay at home during certain hours; or
  • Any condition the court deems necessary

What is a Surety?

A surety is usually a family member or friend of the accused who makes a promise to the court that he or she will forfeit a certain amount of money if the accused fails to abide by the conditions set by the judge.

What if my surety can’t attend my bail hearing?

If your surety is unavailable and cannot attend your bail hearing, the bail hearing may be postponed to a later date when the surety is available to attend.

What happens if I violate my bail conditions?

A breach of bail may have very serious consequences. It’s important that you understand all the conditions that the court requires you to comply with before accepting them. If you break a bail condition, or do not appear in court when you are supposed to, you may be arrested again and held for another bail hearing. An accused that has been found guilty of violating their bail conditions may not be granted bail again. Contact a lawyer as soon as you become aware of a bail violation.

Should I get a lawyer for a bail hearing?

The simple answer is yes. You must remember that the outcome of a bail hearing can have a substantial impact on the trial itself. Contact us for a free and confidential consultation.

Violent offences are criminal conduct that use violence, or threats of violence, such as assault, threats and harassment, intimidation, kidnapping, murder, or manslaughter. If you have been charged with a violent offence, or with threats of violence, you need to seek immediate legal advice.

Sexual offences are any offences that have a sexual element such as sexual assault (rape) sexual offences involving children providing or obtaining sexual services, or child pornography.

Sexual offences are very serious and can have lifelong consequences if convicted, especially, if children are involved. If you have been charged with a sexual offence it is imperative that you seek legal advice and make sure that your rights are being protected.

The legal team at Stellar Law Professional Corporation can assist you if you have been charged with any of the following sexual offenses:

  • Sexual assault
  • Sexual assault with a weapon
  • Aggravated sexual assault
  • Voyeurism
  • Trafficking in persons
  • Non-consensual distribution of intimate images

What is the age of consent in Canada?

The age of consent is 16 years old in Canada, as set out in the Canadian Criminal Code. In some cases, the age of consent is higher, for example, when there is a relationship of trust, authority or dependency. All sexual activity without consent is a criminal offence, regardless of age.

What is the penalty for sexual assault?

The penalty of a sexual assault charge depends on the type of offence that is being alleged, and the circumstances of the alleged offence. If a person is convicted of a sexual offence, they can be placed on the Canadian National Sex Offender Registry.

What if I had consent?

It is important that you try and ensure that any evidence which could be used to support consent being given is maintained and preserved. This includes voicemail, text messages, messages on other applications, people who witnessed interactions between you and the complainant prior to the alleged offence. This evidence could assist you.

Can I speak to the sexual assualt victim?

If you have talked to the complainant since the alleged assault, consult with your lawyer. If you have not spoken to the complainant, immediately seek legal advice. It’s important to remember that each situation is different, call us today and one of our criminal law lawyers will provide you with advice tailored to your situation.

What is voyeurism?

A voyeur is any person who derives sexual gratification from the covert observation of others as they undress or engage in sexual activities. Voyeurism occurs the moment that the voyeur observes or records the victim.

The acronym DUI refers to 'Driving Under the Influence' of alcohol or drugs. It means operating your vehicle while you are affected by alcohol or drugs. Driving under the influence of any drug, whether the drug is legal or illegal, is an offence. However, the amount used and circumstances may be used as a defence.

If you have been charged with impaired driving, it is important that you seek immediate legal advice so that you can determine the best way to proceed. Our professional DUI lawyers will fight for you and protect your rights.

What are the new drug driving laws?

New drug driving laws came in to force on June 21, 2018. Police can now use additional tools, such as roadside oral fluid drug screeners. The new laws also allow the police to collect blood samples without first requiring a driver to undergo a drug recognition evaluation.

What are the penalties for weed-impaired driving?

The new weed driving laws create three new offences for having a prohibited concentration of weed/cannabis in the blood, within two hours of driving.

The illegal THC blood levels are:

  1. 5 ng or more of THC per ml of blood; or
  2. More than 2 nanograms (ng) but less than 5 ng of THC per millilitre (ml) of blood, for a summary offence; or
  3. A combination of 50 milligrams (mg) of alcohol per 100 ml blood + 2.5 ng or more of THC per 1 ml of blood, for the hybrid offence.

What are the new drinking driving laws?

New alcohol impaired driving laws came into force on December 18, 2018. These new laws include mandatory alcohol screening and have limited some defences.

Under the old law, the police were required to have reasonable suspicion that a driver had consumed alcohol before doing any roadside testing. The new amendments give police increased power to stop any driver and ensure that they are sober. Under the new law, amended by Bill C-46, the police now can demand a roadside breath sample without any ‘reasonable suspicion’ that the driver has been drinking. The police, however, will still need grounds to suspect a driver has consumed drugs before demanding a roadside saliva test.

White collar crime is a nonviolent crime committed for financial gain such as: securities fraud; embezzlement; corporate fraud; or money laundering.

We defend both white collar and non-white collar criminal charges. Our criminal lawyers can represent professionals such as doctors, dentists, and lawyers in a wide range of criminal and regulatory matters. If you have been charged with a criminal or regulatory offence, any sanction or a criminal conviction can cause you to lose your professional license temporarily or permanently, and affect your ability to travel.

Having the right legal advice can make all the difference. Whether the charges are stayed, withdrawn, or a discharge is imposed, our lawyers ensure that all your photographs and fingerprints are destroyed as soon as your case has come to a close.

Please note: Our website contains information only. The information provided in our website is not legal advice and should not be treated, or relied upon, as legal advice on any subject matter. Stellar Law Professional Corporation is not liable for any loss or harm resulting from the use of information provided by this website or any other website published by Stellar Law Professional Corporation. If you require legal advice, please contact us directly for a free consultation.

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At Stellar Law Professional Corporation, we are more than your average law firm, we are dedicated to championing and empowering people to better understand their rights and assist them in seeking to enforce them. We are firm believers of public interest litigation and are passionate about increasing access to justice for our society's most vulnerable members.

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