Withdrawals, Peacebonds, etc. | Examples Of Favourable Verdicts

Toronto Criminal Defence Lawyer - Tushar K. Pain

Examples of Criminal Cases won by Tushar K. Pain

Withdrawals, Peacebonds, etc. Sometimes it is possible to negotiate an outright withdrawal of a criminal charge with the Crown Attorney. Such a proposal should be a carefully considered and planned one. Often times, when the Crown does agree to withdraw a criminal charge, it will in turn either ask that the client plead guilty to a non-criminal offence (as can happen in drinking and driving cases) or to enter into a peace bond - a court order to keep the peace and be of good behaviour and follow other conditions. A peace bond does not constitute an admission of guilt to a criminal offence but is generally a way of ensuring that an accused person will not get into a situation that will bring him before the courts again.


Cases Involving Withdrawals, Peacebonds, etc.: R. v. Mary Peel Mary had it all – a loving husband, two beautiful children, and a successful business. But an extra-marital affair with a close family friend led to Mary being charged criminally for assault causing bodily harm and mischief to property. R. v. R.J. Robert was charged with 'mischief' for vandalizing and destroying property at a Toronto parking lot. Robert maintained that he didn't do anything wrong and was only trying to stop others from destroying property. He was captured on video by a security camera. The police insisted that it showed Robert vandalizing property. After a careful and thorough review of the videotape and several meetings with the Crown, the Crown eventually agreed with Mr. Pain that the videotape did not support their position and more likely supported Roberts position. Robert was exonerated. R v. J.L. Jerry was charged with assaulting his one night after they had a dispute and she called the police. Both Jerry and his wife retained separate lawyers in a bid to get the charges withdrawn. Both attended marriage counseling sessions and their lawyers met with the Crown on several occasions. On the trial date, all charges were withdrawn by the Crown. R. v. C.B. Carll Benson was a young man involved in his first serious relationship. The relationship ended when his girlfriend, Lisa, announced that she had a new boyfriend. Carll was hurt and angry. A few weeks later, Lisa called the police and claimed that Carll had threatened her life by e-mail. Carll was arrested, charged and released from the police station on condition that he was to have no contact with Lisa. While awaiting his trial on this first set of charges, Carll found himself arrested again. The allegations were that he was, once again, sending Lisa harassing e-mails. Carl was charged with breaching the conditions of his release and criminal harassment. The judge at Carll’s bail hearing described the case against him as a “slam dunk” for the prosecution (see R. v. C.B. (bail hearing)). Despite the case against him, Carll’s family was adamant that he not get a criminal record. Ultimately, all the charges against Carll were withdrawn. R. v. B.V.D. Barbara Von Dirk was a young university student visiting Toronto for her friend's wedding. She lived in Manitoba with her parents. During her trip to Toronto, she got extremely drunk and ended up assaulting a motorist sitting in his parked car and breaking his windshield. She was arrested, charged with assault and mischief, and taken to jail pending a bail hearing. Both Barbara and her parents were extremely concerned about her getting a criminal record. Barbara agreed to take counselling for alcohol abuse and pay for the damage to the car. The Crown agreed to withdraw the charge but wanted her to sign a peace bond. Barbara did not have the money to travel back to Toronto. The Crown was ultimately persuaded to withdraw the charge outright. Barbara avoided a criminal record and a trip back to Toronto. R v. B.C. Butch Calloway found himself charged with "dangerous driving". Working at the airport as an avionics technician, it was absolutely imperative that he avoid a criminal record. With a record he wouldn't be able to obtain the necessary security clearance required to perform his job. Butch could not take a chance on being convicted of a criminal offence. Unfortunately, the case against him appeared to be strong. We took a unique approach to Butch's case. By having Butch take certain steps and by providing the necessary documentation, I was able to convince the Crown that, despite the nature of the facts, it would be more appropriate to agree to accept a guilty plea to the offence of 'careless driving' under the Highway Traffic Act - a non-criminal offence. Butch pleaded guilty to 'careless driving' and avoided a criminal record. R. v. N.B. Nathan Balilalingam was a high school student who ran with the wrong crowd. One day he and one of his friends, Chris Paralingam, confronted a group of kids who they had some problems with. An argument ensued and then Paralingam pulled out a gun and fired it in the direction of the group. Everyone fled. Eventually, Balilalingam was arrested and charged with pointing a firearm, possessing a weapon for a purpose dangerous to the public peace, assault with a weapon, and uttering death threats. At his preliminary hearing, he was committed to stand trial on all charges despite the defence’s arguments that there was no evidence that Balilalingam was a party to any of the offences. The defence brought an application to have the preliminary hearing judge’s decision reversed. Upon reading the application materials, the Crown withdrew all charges against Mr. Balilalingam. Read the factum (written legal argument) that lead to a complete victory for Balilalingam.
Read what clients involved in this kind of case have to say about Tushar K. Pain: Jerry, Toronto Barry Bond, British Columbia R. v. Mary Peel M.M., Newmarket R.J., Toronto I.F., Toronto J.L., Vaughan B.B., Toronto B.V.D., Manitoba, Canada E.G., Toronto X.T., Toronto C.W., Toronto K.C., Toronto S.H., Toronto N.C., North York M. A., Toronto S. Hussain, Toronto Requested No Name, Toronto I.H.K., Etobicoke, Ontario Shameel S., Toronto No name requested, Scarborough D.J., Vaughan P.B., Toronto No name requested, Toronto H.B., Markham B.B.S., Brampton B.T., Richmond Hill R.S., Toronto G.R., Thornhill J.E., Toronto D.M., Toronto

You're Invited to Call or E-mail
If you've been charged with a crime - or think you might be charged in the future - you're invited to call me. I'll answer your questions and explain how you can protect your legal rights. I will gladly talk with you on the telephone or in my office. You're invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.

Tushar K. Pain, Toronto Criminal Defence Lawyer
393 University Avenue ~ Suite 2000 ~ Toronto, Ontario, M5G 1E6
tel: 416.410.4838 fax: 416.410.5532 email: tkpain@torontocriminaldefence.com

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