Going to court is a life changing experience for most people. Most do not know their legal rights and feel as if their life is in the hands of a heartless government bureaucracy.
Feeling
powerless is just as bad as being powerless. This does
not have to be the case. I believe that people deserve
the highest level of legal representation and I
guarantee that I will fight to the end for your right to
a fair trial.
Criminal Lawyer Aswani K. Datt has offices in Mississauga and Markham
to serve his clients in various regions accross Ontario including the
Region of Peel (Brampton and Mississagua) and
York Region (Markham, Newmarket, Richmond Hill, Vaughn, Thornhill).
Please visit Contact Us for more details on the location closest to you.
The Presumption of Innocence: states that no person shall be considered guilty until finally convicted by a court. The burdern of proof is thus on the prosecution, beyond a reasonable doubt. In the case of reasonble doubt, the accused must be found "not guilty"; this idea is expressed by the Latin legal maxim In dubio pro reo (When in doubt, in favor of the accused).
The Right to Remain Silent: is protected under the Charter . The accused may not be compelled as a witness against himself in criminal proceedings, and therefore only voluntary statements made to police are admissible as evidence. It is important never to answer any questions by the police without speaking to a lawyer. Remember, your right to remain silient does not mean you can lie to the police. Simply refuse to answer all questions.
Should I Just Plead Guilty? No. Don't even think about pleading guilty. Moral guilt does not mean you are legally guilty. The prosecutor must prove beyond a reaonsable doubt that you commited the offence you are charged with. There are numerous defences that an experienced lawyer can use to present reasonable doubt to an impartial court. Never plead guilty unless you have spoken to an experienced criminal lawyer.
Police Tactics: The police have just called and want you to come to the police station, what am I to do? Never ever speak to the police or go to the station without first speaking to counsel. Most likely they will attempt to get a statement from you and then arrest and charge you. Aswani K. Datt can attend the police station with you and get the real reasons from the police why they are contacting you. The law allows the police to lie and use tricks against you. Do not be trapped. Be prepared.
Bail
Hearings: Getting
the bail hearing right is crucial. You don’t want
to remain in jail for months on end while waiting for your
trial. Often people are not released because there
was a lack of preparation for the bail hearing. The prosecutor wants to deny bail
to most defendants to pressure them to plead guilty. Do not be trapped. Be prepared.
Impaired
Driving:
We have the skills to guide you
through the criminal and administrative driver's
license issues associated with drinking and driving offences.
Domestic and Sexual
Assault: Care must be taken when
defending charges of assault. There can be serious
implications in terms of your right to your children
under the Family Law Act or the Divorce Act.
Aswani Datt can provided you with a coherent
strategy to protect your rights to you
children while defending you against your
criminal charges.
Appeal: Contact
the law office of Aswani K. Datt to explore your post
conviction and sentence relief options after
trial. Keep in mind that there is a
limited time available to appeal a conviction or
sentence. If you do not comply within the time limit,
you may lose your right to appeal.
Immigration: We
can advise you of any immigration consequences that
may result from any criminal finding of guilt and
develop a strategy to protect you from deportation or
loss of status in Canada under the Immigration and
Refugee Protection Act.
The information on this site is
intended to furnish users with general information on matters that they
may find to be of interest. While every effort has been made to offer
current and accurate information, errors can occur. This information is
provided "as is", with no guarantees of completeness, accuracy or
timeliness, and without warranties of any kind, express or
implied.
The information presented on this website should not
be construed as legal or any other professional advice or service or as
giving rise to a solicitor-client relationship. This website cannot take
the place of competent legal counsel. You should consult with Aswani K. Datt directly with your particular factual situation for advice
concerning specific matters before making any decision.
