Posts Tagged 'general overview'

Familiarizing yourself with courtroom etiquette | Criminal Defence Articles by Tushar K. Pain

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Having to appear in court is not a pleasant thought. But, if you have to go, familiarizing yourself with the rules and etiquette will help make it a smooth event. The Canadian court system is based on hundreds of years of tradition. Everyday behaviour, which is acceptable in the outside world, is often times not acceptable in a courtroom. Unfortunately, common sense will not always help you figure out what goes and doesn’t go inside court. Following is a ...

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Preparing To Be An Effective Witness | Criminal Defence Articles by Tushar K. Pain

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When you testify in court you are giving evidence. The trial judge is trying to determine whether all, some, or none of what you say should be accepted. What you say, how you say it, and how you present yourself are all important factors in making this determination. In short, everything matters in the presentation of your evidence.

When you arrive in court, you may be asked to wait outside of the courtroom until it is your turn to give ...

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Employment letters:  What They Do And How They Should Be Drafted | Criminal Defence Articles by Tushar K. Pain

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A letter of employment is typically used at a sentencing hearing. It is obviously used to prove your employment status and income level. But it does more than that. It conveys to the court that you are a contributing and responsible member of society, that you are a person of means, that you have obligations, that you have a future, and that you have ties to the community. For some people a letter of employment can mean the difference ...

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Can I Appeal This? | Criminal Defence Articles by Tushar K. Pain

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You believe that you were wrongly convicted or sentenced too harshly. You want to appeal but you have many questions: How does the appeal process work? What exactly is an appeal? What will an appeal get me? How long does it take? These are common questions that are asked before deciding to appeal.

Generally speaking, an appeal must be started within thirty days after sentencing. This is done by filing a notice of appeal. Following this, transcripts of the trial ...

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Evidence Ruled Capable of Supporting Racial Profiling Allegation | Criminal Defence Articles by Tushar K. Pain

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This article originally appeared in the May 23, 2003, issue of The Lawyers’ Weekly

On April 16, 2003, the Ontario Court of Appeal released its decision in R v. Brown, [2003] O.J. No. 1251, which deals with the occurrence of racial profiling by the police during investigation, detention and arrest. It also addresses the trial judge’s handling of the Charter application based on the allegation of racial profiling raised by the accused.

On November 1, 1999, Constable Olson, a Metro Toronto ...

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Understanding The Guilty Plea Process | Criminal Defence Articles by Tushar K. Pain

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Deciding to plead guilty is a difficult decision. Pleading guilty means that you are giving up your right to a trial – you are excusing the Crown from having to prove your guilt beyond a reasonable doubt through the presentation of admissible evidence. It means that you are putting yourself at the mercy of the court to decide your fate.

Having decided to plead guilty, you want to make sure that you understand the process that you are about to ...

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When the Police Investigate A Passenger In A Motor Vehicle | Criminal Defence Articles by Tushar K. Pain

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In the case of R. v. Harris, (2008) 87 O.R. (3d) 214 the Ontario Court of Appeal had to wrestle with the issue of what Charter protections are engaged when the police investigate a passenger in a car.

Harris was a front seat passenger in a car that was stopped by the police because the driver made a left turn without signaling. At the time the vehicle was stopped, Harris was found not wearing his seatbelt. The occupants of the ...

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How to Advise Pre-Charge Clients | Criminal Defence Articles by Tushar K. Pain

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This article originally appeared in the October 18, 2002, issue of The Lawyers’ Weekly

A client seeking immediate advice tells you that she was involved in a car accident. She tells you that there was serious damage to the other vehicle but she left the scene and several hours later when she got home, she found that the police had been there and left a message that they wanted to interview her. She wants to know what she should do. ...

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Bad Behaviour Abroad: Beyond The Reach Of The Canadian Criminal Justice System? | Criminal Defence Articles by Tushar K. Pain

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The courts can only try matters over which it has jurisdiction. That sounds simple and obvious enough. But how is jurisdiction determined?

Section 6(2) of the Criminal Code of Canada (hereinafter “the Code”) states that “…no person shall be convicted… of an offence committed outside Canada.” This sounds like a straight-forward concept: If it happened in Canada the Canadian courts can try it and if it didn’t then they can’t, right? But what if part of the offence occurred ...

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The first meeting with the lawyer: What should I know? What Should I do? | Criminal Defence Articles by Tushar K. Pain

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So you’ve found the right lawyer. What now?

The first step is to contact the lawyer. This can be done by telephone or, in some cases, by e-mail. Contact by telephone is usually better as it gives you the added comfort and insight that comes with hearing a human voice on the other end of the phone and speaking to someone directly. Don’t be afraid to call. Lawyers are in the business of helping people. They expect to be called. ...

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