Common Legal Situations

The Presumption of Innocence

The Presumption of Innocence states that no person shall be considered guilty until finally convicted by a court. The burden of proof is thus on the prosecution, beyond a reasonable doubt. In the case of reasonable 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 favour of the accused.

Police Tactics

The police have just called and want you to come to the police station. What are you to do? Never 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 behind why they are contacting you. The law allows the police to lie and use tricks against you. Do not be trapped. Be prepared.

The Right to Remain Silent

The Right to Remain Silent is protected under the Charter of Rights and Freedoms. 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 asked by the police without speaking to a lawyer. Remember, your right to remain silent 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 reasonable doubt that you committed the offence you are charged with. There are numerous defenses 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.

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.

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 provide you with a coherent strategy to protect your rights to your children while defending you against your criminal charges.

Serving the Toronto and Peel Region and the Greater Toronto Area, including Mississauga, Brampton, Orangeville, Georgetown, and Halton Hills, as well as Oakville, Burlington, Milton, Markham, and Newmarket.