Do You Want Your Criminal Charges Withdrawn?

Take the free Ontario Criminal Charge Arrest Test™ to assesses the nature of your arrest in order to determine if your charges may get withdrawn.

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The Ontario
Criminal Arrest Test™

The 60-Second Ontario Criminal Charge Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

Do You Want to avoid a criminal charge?
My name is Dan Joffe, Criminal Lawyer. My team uses a proven forensic analysis of the Crown’s evidence against you. This can lead to getting your charges withdrawn.

My team uses forensic analysis to determine whether your Charter rights were violated.  If you have been charged with any criminal charge, book a free call that can change everything

Do you want to avoid a Criminal Charge?

My team uses forensic analysis to determine whether your Charter rights were violated.  If you have been charged with any criminal charge, book a free call that can change everything

My Only Job is to Help You
Below is our Criminal Charge guide.
(But we can explain much clearer by getting in touch with us directly by clicking below)

Introduction


One of the most common questions we get at our law firm, is whether it is possible to get a criminal charge withdrawn, even when it appears that the client is guilty.

The answer is yes. In some cases, it is possible that a skilled lawyer can get your charges withdrawn even if you appear to be guilty

The good news is no. Once charges are withdrawn, then you walk away from the case as if nothing ever happened.

Here are answers to some key questions we hear from clients about getting their criminal charges withdrawn.

How can a lawyer can get charges withdrawn even when someone appears to be guilty?

The answer lies in something called 'the Charter of Rights and Freedoms', otherwise known as the 'Charter'. The Charter is incredibly powerful because it guarantees certain rights to everyone in Canada from the actions of the government which includes the police and the court system. For someone that faces a criminal charge, the Charter is a BIG DEAL. The Charter matters because it is designed to protect you from the actions of the police as they try to convict you on the charges they laid against you For the past 40 years, there have been 1000s and 1000s of court cases that have interpreted the details of the Charter. These cases define HOW the police can investigate the charges against you. And, critically, how the police MUST conduct themselves in every interaction with you. And, this conduct is not optional. The police have to do their job the right way. And there is a right way and a wrong way as they deal with your charges.

What impact does the Charter have one someone’s criminal case as it relates to getting charged withdrawn?

What it means is that the rules that the police & courts must follow are very specific. And, we are all human. We all make mistakes. And, so do police officers. Especially those police officers who are not experienced. They make even more mistakes than usual. And, when a police officer makes a mistake, that mistake can be fatal to the charges against you. And, if a fatal mistake is made, the charges against you can get withdrawn - even, you appear to be guilty.

What is an example where someone with no legal training would think the Police were just doing their job but in fact, were making mistakes?

Section 8 of the Charter protects you against any unreasonable search and seizure, So, 'Joe' is in a park and a police officer thinks he saw 'Joe' do something suspicious. He thinks he saw 'Joe' complete a drug transaction and put the drugs in his backpack.

The officer CANNOT simply come up to 'Joe' and demand to see what is in his backpack. He would have to have reasonable and probable grounds to believe that 'Joe' either committed a crime or was in the process of doing so.

A 'suspicion' or 'hunch' is not good enough. And, if 'Joe' is not under arrest, the police officer cannot search 'Joe'. Lets say the officer does search 'Joe'. And, he opens 'Joe'’s backpack and finds drugs. In this case, the police officer made a BIG mistake. The mistake he made was that 'Joe' was NOT under arrest.

So, the drugs that the police found, which is key evidence, is NOT admissible because it violated 'Joe's charter right against unreasonable search or seizure. So, in this case, even though the police found drugs in 'Joe's backpack, the charges against 'Joe' would get withdrawn.

What is another example of the Charter that could lead to getting criminal charges withdrawn?

Under Section 10 of the Charter, everyone has the right to counsel -- a right to be assisted by a lawyer. And, not just any lawyer. You have a right to be assisted by a lawyer of YOUR choice.

Why Do I Need a Lawyer to help me get my charges withdrawn or dismissed?

Most people who face a criminal charge don’t even know that the Police were NOT following the rules. And the reason why is that these rules are complex. Every fact situation is different and should be closely reviewed to see if there is a possibility to have your charges withdrawn. A lawyer has experience looking at procedure and evidence to determine if there is a chance for withdrawal of your charges.

A free call may lead to a higher chance of getting your charges withdrawn than doing it yourself.
You deserve better.
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