If you have been accused of a crime, it is crucial that you know your rights. It’s natural to feel stressed and to have worries about damage to your reputation, losing your job or your family, or even being sent to jail. A good criminal lawyer will make sure you get the full advantages of the rights you are entitled to, and this can make all the difference in the outcome of your case.

The team at Protomanni & Associates is dedicated to getting results for our clients. Whether you are under investigation, or you have already been charged with a criminal offence, we can help you.

Our lawyers have years of extensive experience defending clients accused of all types of criminal offences. Charges we represent include:

Sexual Assault

Sexual assault is a serious offence in the Canadian Criminal Justice System. Upon conviction, the Crown Attorney generally seeks a period of custody in the penitentiary (meaning over two years). Along with a prison sentence, additional orders, including having your name on the sex offender registry and having a sample of DNA taken are mandatory.

It is not uncommon for a complainant to simply make an allegation to police about an allegation of sexual assault for an arrest to be made. The police only need reasonable and probable grounds to make an arrest. Sexual assault is a complex charge that requires skilled defence counsel.

Trials are often based on both credibility and reliability of the complainant. A skilled defence counsel is able to poke holes in the statements of the complainant, leading to an acquittal.

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Impaired Driving

In December 2018, Bill C-46 introduced a dramatic change to the laws of impaired driving. If a police officer has a reasonable suspicion (which is a low-threshold) that a driver was impaired and driving on a public roadway, it is mandatory, upon request, for the driver to provide a roadside breath sample.

Another significant change is that a driver can now be charged with over .08 if you consumed alcohol within 2 hours of operating a motor vehicle. This legislation was enacted to combat driver’s that would use the defence that they drank after being involved in a motor vehicle accident.

Another change is the penalties involved upon conviction of impaired driving. For a first offence, the mandatory minimum fine is $1000 and a year driving prohibition. For a second offence, 30 days jail and on a third conviction 120 days of jail.

Impaired driving is a complex offence that requires a skilled litigant to defend.

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Possession for the Purpose of Trafficking

Drug trafficking offences are straight indictable and a serious offence under the Controlled Drugs and Substances Act. This type of offence requires the Prosecutor to prove beyond a reasonable doubt that the amount of drugs found on the accused are above a personal amount and that there was indicia of drug trafficking.

Indicia of trafficking can include, quick visits to multiple residences, short visits to the accused’s residence, individual packaged drugs, scales, ledgers etc. In many drug cases, the police use a warrant to gain access to a residence to search and seize items for evidence.

It is critical that defence counsel review the warrant to ensure police did not overstep their boundaries and breach an individual’s rights under the Charter of Rights and Freedoms.

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Child Pornography

In cases of child pornography, the Crown Attorney must prove that an accused had, in their possession, pictures, videos or writings involving underage children being sexualized. In other words, the image must be for a sexual purpose.

In recent years, Canadian courts have significantly increased sentencing ranges on offences including children. The police use a wide variety of techniques to investigate and prosecute offenders. Police often execute search warrants linked to a person’s IP address. Once they gain entry to the home that provides the IP address, electronic devices are seized and analyzed by police.

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Additional Charges We Represent:

Mischief

Firearms Offences

Drug Possession

Theft

Fraud

Robbery

Assault

Sexual Interference

Aggravated Assault

Breach of Probation

Uttering Threats

Murder & Attempted Murder