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	<title>Criminal Law &#8211; Aswani Datt</title>
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		<title>Post Verdict Delay</title>
		<link>https://www.aswanidatt.com/post-verdict-delay/</link>
		<pubDate>Fri, 11 Sep 2026 14:06:13 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[delay]]></category>
		<category><![CDATA[post verdict delay]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1706</guid>
		<description><![CDATA[A presumptive ceiling for post-verdict sentencing delay should not be imposed. Rather, the appropriate test for assessing whether a post-verdict sentencing delay infringes the right to be tried within a reasonable time as guaranteed by s. 11(b) of the Charter is whether the time taken to impose the sentence was markedly longer than it reasonably ]]></description>
				<content:encoded><![CDATA[<p>A presumptive ceiling for post-verdict sentencing delay should not be imposed. Rather, the appropriate test for assessing whether a post-verdict sentencing delay infringes the right to be tried within a reasonable time as guaranteed by s. 11(b) of the Charter is whether the time taken to impose the sentence was markedly longer than it reasonably should have been in all the circumstances. Where a breach of s. 11(b) is established, the remedy that will ordinarily be appropriate for unreasonable post-verdict sentencing delay is a reduction in sentence.</p>
<p>Section 11(b) of the Charter, which guarantees that any person charged with an offence has the right to be tried within a reasonable time, is a constitutional commitment that attaches to each of the many stages in a criminal proceeding and spans from the initial laying of the charge to the final imposition of any sentence. However, the presumptive ceilings established in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, that require trials to be conducted within 18 months in provincial courts and 30 months in superior courts do not govern the entire period to which s. 11(b) applies.</p>
<p>The period of post-verdict delay must be assessed separately because, after conviction, the offender is no longer presumed innocent and the fair-trial interests protected before verdict are spent, although significant liberty and security interests remain. The Jordan ceilings were adopted to respond to a specific, proven culture of complacency in bringing accused persons to trial; no comparable evidentiary foundation has been established for the sentencing phase of criminal proceedings.</p>
<p>The markedly longer test is well suited to the sentencing context, which is individualized, information-dependent, and often iterative, while remaining sufficiently robust to identify delay that exceeds what was reasonably necessary in all of the circumstances. It reflects the different balance of interests after a valid finding of guilt: the offender’s liberty, security and fair-trial interests remain constitutionally protected, but they are attenuated in light of the adjudicated finding of guilt; at the same time, society’s interest in the timely imposition of a fit and proportionate sentence is heightened. Assessing whether post‑verdict sentencing delay was markedly longer than it reasonably should have been invites a contextual inquiry. The question is not whether the delay was long in the abstract, and there is no fixed duration that automatically triggers s. 11(b). The same period of delay may carry very different constitutional significance depending on the complexity of the sentencing exercise, the information required to impose sentence, and the issues that must be resolved. Whether sentencing has taken markedly longer than reasonably necessary in the circumstances is based on a variety of considerations, and it remains an objective and normative assessment. Relevant considerations may include the overall duration of the delay; the complexity of the case; anything from the parties, the sentencing judge, or the court that might inform the reason for specific periods of delay; the parties’ positions and conduct; and a consideration of how long comparable cases typically take to reach a decision in light of the relevant local circumstances.</p>
<p>The markedly longer standard is objective and normative in nature. That is, the proper inquiry is whether sentencing proceedings have taken markedly longer than they should reasonably take in a criminal justice system functioning as it ought to in a free and democratic society, not how long it happens to take in a particular jurisdiction given existing resource constraints. Methodologically, the markedly longer standard requires courts to compare the time actually taken to complete the sentencing process with the time it reasonably should have taken in all of the circumstances. This assessment is not mechanical, but contextual, and must consider both the overall length of the proceedings and the reasons for particular periods of delay.</p>
<p>Where a breach of s. 11(b) is established, a court must craft the remedy it considers appropriate and just in the circumstances, having regard to the nature of the breach, its effects, and the need to preserve both the offender’s constitutional rights and the public interest in a lawful and proportionate sentence. The balance of rights and interests is qualitatively different in the post-verdict context as the presumption of innocence has been rebutted by proof of guilt beyond a reasonable doubt. Section 24(1) of the Charter provides a wide remedial scope and gives rise to a discretionary and contextual inquiry.</p>
<p>The remedy that will ordinarily be appropriate for unreasonable post-verdict sentencing delay is a reduction in sentence, although in exceptional cases a stay of proceedings may be available.</p>
<p>Citation: R. v. R.B.-C., 2026 SCC 30</p>
<p class="p1"><b>Contact Aswani K. Datt to book a consultation to review your legal options.</b><b></b></p>
<p class="p1"><span class="s1"><a href="https://www.aswanidatt.com/criminal-lawyer-brampton/">Brampton</a></span> <a href="https://www.aswanidatt.com/criminal-lawyer-milton/"><span class="s1">Milton</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-burlington/"><span class="s1">Burlington</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-oakville/"><span class="s1">Oakville</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-10-armoury-street/">Toronto</a> <a href="https://www.aswanidatt.com/criminal-lawyer-durham/">Durham </a><a href="https://www.aswanidatt.com/criminal-lawyer-newmarket/">Newmarket</a></p>
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		<title>Criminal law — Evidence — Hearsay — Assessment — Accused convicted of second degree murder at trial</title>
		<link>https://www.aswanidatt.com/criminal-law-evidence-hearsay-assessment-accused-convicted-of-second-degree-murder-at-trial/</link>
		<pubDate>Fri, 22 May 2026 20:46:32 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[hearsay]]></category>
		<category><![CDATA[out of court statement]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1672</guid>
		<description><![CDATA[Evidence relevant to an issue at trial may nevertheless be inadmissible if it is subject to an exclusionary rule, such as the rule against hearsay. Hearsay is an out-of-court statement tendered for the truth of its contents and is defined by the use to which the statement is sought to be put, namely, to prove that what ]]></description>
				<content:encoded><![CDATA[<p>Evidence relevant to an issue at trial may nevertheless be inadmissible if it is subject to an exclusionary rule, such as the rule against hearsay. Hearsay is an out-of-court statement tendered for the truth of its contents and is defined by the use to which the statement is sought to be put, namely, to prove that what is asserted is true. Hearsay is presumptively inadmissible mainly because, without the declarant in court, it is often difficult to assess the truthfulness of the statement.</p>
<p>However, there are exceptions. A party seeking to rely on an out-of-court statement for the truth of its contents can attempt to have it admitted under one of the common law categorical exceptions or under the more flexible principled exception.</p>
<p>Under the principled exception, hearsay evidence can only be admitted when the party tendering it demonstrates on a balance of probabilities that it is necessary and sufficiently reliable, a determination normally made through a <i>voir dire</i> on admissibility. Where no <i>voir dire</i> is held, the question is whether the trial judge erred in law by relying on the evidence for an impermissible purpose without having properly admitted it in evidence. In reviewing how a trial judge used an out-of-court statement, appellate courts must take a functional and contextual reading of the reasons while being <a name="_Hlk229086257"></a>mindful that trial judges are presumed to know the law.</p>
<p>Appellate intervention is not justified merely because the trial judge’s reasons are ambiguous. Rather, the reasons must disclose an error or an ambiguity that renders the path taken by the trial judge unintelligible, frustrating appellate review of the use of the out‑of‑court statement.</p>
<p>An error of law is presumed to be prejudicial to the accused, and the Crown bears the onus of establishing the absence of prejudice under the curative proviso.</p>
<p><b>Citation:</b> R. <i>v.</i> Saddleback, 2026 SCC 18</p>
<p class="p1"><b>Contact Aswani K. Datt to book a consultation to review your legal options.</b><b></b></p>
<p class="p1"><span class="s1"><a href="https://www.aswanidatt.com/criminal-lawyer-brampton/">Brampton</a></span> <a href="https://www.aswanidatt.com/criminal-lawyer-milton/"><span class="s1">Milton</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-burlington/"><span class="s1">Burlington</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-oakville/"><span class="s1">Oakville</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-10-armoury-street/">Toronto</a> <a href="https://www.aswanidatt.com/criminal-lawyer-durham/">Durham </a><a href="https://www.aswanidatt.com/criminal-lawyer-newmarket/">Newmarket</a></p>
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		<title>Implied Licence/Invitation &#8211; Be Proactive</title>
		<link>https://www.aswanidatt.com/implied-licence-invitation-be-proactive/</link>
		<pubDate>Sun, 26 Apr 2026 22:02:30 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1610</guid>
		<description><![CDATA[The police had an implied licence at common law to step onto the accused’s driveway, approach his truck, and knock on the window to investigate a recent impaired driving complaint. This police conduct did not, on its own, constitute a “search” under s. 8 of the Charter. However, the police exceeded the scope of the implied licence and ]]></description>
				<content:encoded><![CDATA[<p class="SCCNormalDoubleSpacing">The police had an implied licence at common law to step onto the accused’s driveway, approach his truck, and knock on the window to investigate a recent impaired driving complaint. This police conduct did not, on its own, constitute a “search” under <a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec8_smooth">s. 8</a> of the <i><a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html">Charter</a></i>. However, the police exceeded the scope of the implied licence and conducted a search under s. 8 of the <i>Charter </i>by opening the truck door. The search was unreasonable and breached s. 8 of the <i>Charter</i>. Even so, the evidence obtained should not be excluded under <a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec24subsec2_smooth">s. 24(2)</a> of the <i>Charter</i> given society’s strong interest in prosecuting the serious offence at issue.</p>
<p class="SCCNormalDoubleSpacing"><a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec8_smooth">Section 8</a> of the <i><a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html">Charter</a></i> provides that everyone has the right to be secure against unreasonable search or seizure. The purpose of this guarantee is to protect individuals from unjustified state intrusions upon their privacy. Whether a claimant has a reasonable expectation of privacy is assessed based on a content-neutral and normative inquiry into the totality of the circumstances. An individual has a reasonable expectation of privacy in their home, where privacy is most protected, in its perimeter, where privacy is protected in diluted measure, and in a vehicle in the driveway of their property. A police investigatory technique is a search under <span class="reflex2-link" data-link-type="weak">s. 8</span> only if it intrudes upon a person’s reasonable expectation of privacy.</p>
<p class="SCCNormalDoubleSpacing">The common law recognizes an implied licence for all members of the public, including police, on legitimate business to approach the door of a dwelling and knock. The occupier effectively waives the privacy interest that they might otherwise have in the approach to the door of their dwelling. The implied licence ends at the door of the dwelling. The purpose of the implied licence is to permit convenient communication with the occupant of the dwelling and to permit those activities reasonably associated with that purpose. Conduct falling within the scope of the common law implied licence is not a search under <a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html#sec8_smooth">s. 8</a> of the <i><a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html">Charter</a></i>. Activities that go beyond the purpose of facilitating effective communication with the occupant of the dwelling breach the implied conditions of the licence and the person conducting the unauthorized activity approaches the dwelling as an intruder. In such circumstances, police action constitutes a search.</p>
<p class="SCCNormalDoubleSpacing">The intention of the police is relevant in determining whether the police activity falls within the communicative purpose of the implied licence or whether it constitutes a search. Where evidence clearly establishes that the police have specifically adverted to the possibility of securing evidence against the occupant by knocking on the door, the police have exceeded the terms of the implied licence to knock. However, a conversation with the occupier of a dwelling, without more, is not a search. There is no general prohibition against the police approaching a dwelling to question the occupier for the purpose of furthering a lawful investigation. So long as the police officer is lawfully present, the use any of their senses of sight, hearing, or smell is not a search. There is therefore no basis to exclude from the implied licence the investigation of offences, such as impaired driving, for which ordinary communication might reveal evidence of impairment by using the police officer’s senses, provided that the officer did not intend to conduct a search, and provided that the officer is not conducting a speculative criminal investigation or fishing expedition.</p>
<p><strong>The main principles regarding the common law implied licence doctrine may be summarized as follows:</strong></p>
<p>1. The common law recognizes an implied licence for all members of the public, including police, on legitimate business to approach the door of a dwelling and knock (Evans, at para. 13; MacDonald, at para. 26; Le, at paras. 125 and 210). The implied licence ends at the door of the dwelling (Evans, at para. 13; MacDonald, at para. 27).</p>
<p>2. Under the implied licence, the occupier effectively waives the privacy interest that they might otherwise have in the approach to the door of their dwelling and is deemed to grant the public permission to approach the door and knock (Evans, at paras. 13-14).</p>
<p>3. The purpose of the implied licence is to permit convenient communication with the occupant of the dwelling and those activities reasonably associated with that purpose (Evans, at para. 15; MacDonald, at para. 26; Le, at paras. 125 and 210).</p>
<p>4. Conduct falling within the scope of the implied licence is not a “search” under s. 8 of the Charter. Activities that go beyond the purpose of facilitating effective communication with the occupant of the dwelling breach the implied conditions of the licence. The person conducting the unauthorized activity approaches the dwelling as an intruder. In such circumstances, police action constitutes a “search” (Evans, at para. 15; MacDonald, at para. 26).</p>
<p>5. The intention of the police is relevant in determining whether the police activity falls within the communicative purpose of the implied licence or whether it constitutes a “search”. For example, police are not authorized to: (a) randomly check dwellings for evidence of criminal activity by conducting “spot-checks” of unsuspecting citizens (Evans, at para. 20); or (b) conduct a speculative criminal investigation or “fishing expedition”, where the police have no information potentially linking any of the occupants to any criminal conduct or suspected criminal conduct (Le, at para. 127). In addition, (c) where the police approach for the purpose of “securing evidence against the accused” through a “knock-on” search, “the police [will] have exceeded the authority conferred by the implied licence to knock” (Evans, at para. 20; see also paras. 13, 16 and 18-21; Le, at para. 127). Where evidence clearly establishes that the police have specifically adverted to the possibility of securing evidence against the occupant by knocking on the door, the police have exceeded the terms of the implied licence to knock (Evans, at paras. 16 and 20).</p>
<p>6. However, a conversation with the occupier of a dwelling, without more, is not a “search” (Evans, at para. 18). There is no general prohibition against the police approaching a dwelling in order to question the occupier for the purpose of furthering a lawful investigation (Le, at para. 212). So long as the police officer is lawfully present, the use of any of their senses of sight, hearing, or smell is not a search (Hogg and Wright, at § 48:14).</p>
<p>7. <strong>The implied licence can be rebutted or revoked at any time by a clear expression of intent.</strong></p>
<p>Citation: R. v. Singer, 2026 SCC 8</p>
<p class="p1"><b>Contact Aswani K. Datt to book a consultation to review your legal options.</b><b></b></p>
<p class="p1"><span class="s1"><a href="https://www.aswanidatt.com/criminal-lawyer-brampton/">Brampton</a></span> <a href="https://www.aswanidatt.com/criminal-lawyer-milton/"><span class="s1">Milton</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-burlington/"><span class="s1">Burlington</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-oakville/"><span class="s1">Oakville</span></a></p>
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		<title>&#8220;On or about&#8221; &#8211; Indictments</title>
		<link>https://www.aswanidatt.com/on-or-about-indictments/</link>
		<pubDate>Sun, 26 Apr 2026 21:55:31 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1607</guid>
		<description><![CDATA[An information or indictment will typically allege that an offence was committed “on or about” a particular date or range of dates. Within that time period, the Crown is generally not required to establish the exact timing of the offence, except where it is an essential element of the offence or crucial to the defence. ]]></description>
				<content:encoded><![CDATA[<p>An information or indictment will typically allege that an offence was committed “on or about” a particular date or range of dates. Within that time period, the Crown is generally not required to establish the exact timing of the offence, except where it is an essential element of the offence or crucial to the defence.</p>
<p>Where the accused raises an alibi for the time period alleged by the Crown, the date or time of the offence becomes crucial to the defence, and it would be unfair for the Crown to undermine that alibi by shifting to a different time frame.</p>
<p>Whether the Crown has shifted the alleged time frame in a manner that undermines trial fairness must be assessed holistically and contextually, rather than by focussing narrowly on when a witness said they think the offence may have taken place. This is especially important in sexual assault cases, where it is not uncommon for complainants to be uncertain or honestly mistaken about the specific date or time the alleged offence took place.</p>
<p>Citation: R. v. G.G., 2026 SCC 12</p>
<p class="p1"><b>Contact Aswani K. Datt to book a consultation to review your legal options.</b><b></b></p>
<p class="p1"><span class="s1"><a href="https://www.aswanidatt.com/criminal-lawyer-brampton/">Brampton</a></span> <a href="https://www.aswanidatt.com/criminal-lawyer-milton/"><span class="s1">Milton</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-burlington/"><span class="s1">Burlington</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-oakville/"><span class="s1">Oakville</span></a></p>
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		<title>Forfeiture Powers</title>
		<link>https://www.aswanidatt.com/forfeiture-powers/</link>
		<pubDate>Sun, 26 Apr 2026 21:50:02 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1604</guid>
		<description><![CDATA[Forfeiture proceedings are distinct from other criminal proceedings. They are not aimed at determining the criminal responsibility of accused persons, nor at punishing them. Forfeiture provisions found in contemporary criminal legislation in Canada instead reflect a long-standing general principle of law and give statutory expression to the Latin maxim ex turpi causa non oritur actio (from a shameful ]]></description>
				<content:encoded><![CDATA[<p style="text-align: left;">Forfeiture proceedings are distinct from other criminal proceedings. They are not aimed at determining the criminal responsibility of accused persons, nor at punishing them. Forfeiture provisions found in contemporary criminal legislation in Canada instead<i> </i>reflect a long-standing general principle of law and give statutory expression to the Latin maxim <i>ex turpi causa non oritur actio</i> (from a shameful cause an action does not arise). Since courts must not be understood to be facilitating illegality by returning criminally tainted property to unclean hands, they will not lend their aid to a person who founds their claim, such as a claim to have property returned to them, on illegality. A court that returns criminally tainted property risks facilitating the commission of a criminal offence, as it is generally a crime to possess inherently tainted property, as well as to knowingly possess proceeds of crime. Returning property used to commit an offence also risks facilitating further criminal offences. Returning criminally tainted property to unclean hands therefore risks offending the public interest, placing the administration of justice into disrepute and undermining the goal of ensuring that crime does not pay.</p>
<p class="SCCNormalDoubleSpacing">Although a stay of the proceedings aimed at determining an accused’s criminal liability brings criminal liability proceedings to a conclusive end and leaves the accused in a position of presumptive innocence, it does not deprive a court of all forfeiture jurisdiction. It is not, for the purposes of the forfeiture matter, tantamount to an acquittal. Many provisions permit criminal forfeiture without a finding of guilt against the possessor of the property. A stay of the criminal proceedings for unreasonable delay does not <i>ipso facto</i> lead to a stay of the proceedings relating to the property.</p>
<p class="SCCNormalDoubleSpacing">Moreover, a stay does not foreclose any possibility that criminality may be proven in forfeiture proceedings. Unlike criminal liability proceedings, forfeiture proceedings do not involve charges brought against accused persons and do not place their liberty in jeopardy. Therefore, forfeiture proceedings do not engage double jeopardy protections. Where the issues required to establish whether property is criminally tainted were not decided in the accused’s favour at trial, it is open to the Crown to lead evidence on those issues to support forfeiture even after the accused has been acquitted. In the instant case, the stay flowed from the unreasonable delay in the individuals’ trial, not reasonable doubt as to whether the charged offences were committed. In the circumstances, issue estoppel cannot prevent the Crown from leading evidence on that point in distinct forfeiture proceedings.</p>
<p class="SCCNormalDoubleSpacing"> Whether there is jurisdiction under a specific forfeiture provision is a matter of statutory interpretation. The <i><a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html">Criminal Code</a></i> and the <i>CDSA</i> contain provisions aimed at various forms of criminally tainted property in different settings, and each must be interpreted in accordance with its specific text, context and purpose. Notably, some forfeiture provisions are tied to trial or sentencing proceedings that determine an individual’s criminal liability, while others are independent of such proceedings.</p>
<p class="SCCNormalDoubleSpacing">Sections 462.37 and 491.1 <i>Cr. C. </i>and s. 16(2) <i>CDSA</i> are engaged only after trial or during the sentencing process. Section 462.37 <i>Cr. C.</i> addresses proceeds of crime. A court imposing sentence for a designated offence is empowered to make a forfeiture order if the Crown can show on a balance of probabilities that the property is the proceeds of the offence on which there is a finding of guilt or show beyond a reasonable doubt that the property is otherwise the proceeds of crime. Section 16 <i>CDSA </i>addresses offence-related property in connection with certain offences under the <i>CDSA</i>. When convicting or discharging an offender, the court is empowered to make a forfeiture order if the Crown can show on a balance of probabilities that the property is related to the offence on which there is a finding of guilt or show beyond a reasonable doubt that the property is otherwise offence-related property. <span class="reflex2-link" data-link-type="weak">Section 491.1</span> <i>Cr. C.</i> addresses any property that was obtained by the commission of an offence and that, at the time of trial, is available to be dealt with and will not be required as evidence in other proceedings. When an accused is tried for an offence and the court determines that an offence has been committed, whether or not the accused has been convicted or discharged, that court must dispose of the property.</p>
<p class="SCCNormalDoubleSpacing">The scope of forfeiture jurisdiction under these provisions is not limited to property connected to the offence on which there is a finding of guilt or for which the accused was tried. Further, the property need not be the offender’s property or that of the person who was tried. However, forfeiture under <span class="reflex2-link" data-link-type="weak">ss. 462.37(2)</span> and <span class="reflex2-link" data-link-type="weak">491.1</span> <i>Cr. C.</i> and s. 16(2) <i>CDSA </i>requires a sufficient nexus between the property and the criminal allegations underlying the proceedings in which the forfeiture power is triggered: the property must reasonably form part of the broader context surrounding the allegations. This does not mean that all the evidence justifying forfeiture need be adduced at trial, but merely that there is some connection between the property and the criminal allegations underlying the information or indictment that circumscribes the criminal liability proceedings. The nexus ensures that a court can order forfeiture regardless of whether property is connected to an offence on which a finding of guilt is made against a specific accused, but without the need for forfeiture completely unrelated to the criminal proceedings to which the legislation expressly ties it.</p>
<p class="SCCNormalDoubleSpacing"> Sections 462.37(2) and 491.1 <i>Cr. C.</i> and s. 16(2) <i>CDSA</i> do not empower any judge of the trial court to order forfeiture at any time. Rather, these provisions may only be exercised by the court that tried the offence or that is imposing a sentence in respect of an offence on which there is a finding of guilt. They require a temporal link between the trial or sentencing proceedings and the forfeiture, and they cannot be exercised where there is no longer a trial or sentencing court seized of the matter. This ensures that the court that has heard evidence relevant to forfeiture can efficiently address the forfeiture issues, while providing necessary finality once those proceedings have ended.</p>
<p class="SCCNormalDoubleSpacing">Other criminal forfeiture provisions empower a court to order forfeiture of tainted property independently of trial and sentencing proceedings. Section 490 <i>Cr. C. </i>notably sets out default rules for the detention and disposition of seized property, which apply unless Parliament has provided more specific, conflicting rules. It also applies<i> </i>with necessary modifications to property that has not actually been seized but is nonetheless subject to judicial supervision, where this is contemplated by statute. The purpose of s. 490 is to ensure that courts supervising seized property can carefully balance the private interests in that property against the public need for that property to be detained in pursuit of investigating and prosecuting crime.</p>
<p class="SCCNormalDoubleSpacing">When it is validly engaged, <span class="reflex2-link" data-link-type="weak">s. 490(9)</span> empowers the court to order the return of property to a lawful owner or possessor or, if there is no known lawful owner or possessor, order it forfeited to the Crown. A court will only order forfeiture pursuant to <span class="reflex2-link" data-link-type="weak">s. 490(9)</span> if the Crown can satisfy it that three prerequisites are met. First, the Crown must satisfy the court either that the periods of detention have expired and proceedings have not been instituted in which the property may be required, or that the periods of detention have not expired but the continued detention of the property is not required for the purposes of investigation or prosecution. Second, the Crown must show that possession of the property by the person from whom it was seized or restrained is unlawful, or that it was not in the possession of any person. The fact of the property being in the possession of a person immediately prior to seizure raises a presumption that possession by that person is lawful, and the Crown must rebut that presumption by proving beyond a reasonable doubt that possession is unlawful. To meet this burden, the Crown may have to call evidence of the person’s unlawful acts in the context of the forfeiture hearing. Third, the Crown must show that no other known person lawfully owns or is entitled to possession of the property.</p>
<p class="SCCNormalDoubleSpacing">Forfeiture remains available under <span class="reflex2-link" data-link-type="weak">s. 490(9)</span> <i>Cr. C.</i> despite proceedings having been instituted. Interpreting s. 490(9) to be inapplicable if proceedings were instituted at any point in the past would risk the indefinite detention of property in cases where charges were laid but proceedings were stayed before trial. The language “proceedings have not been instituted in which the thing detained may be required” in s. 490(9) ensures that the disposition of seized property under s. 490(9) does not occur until the continued detention of the property is no longer required for a proceeding. The prerequisite is not that proceedings must never have been instituted, but rather the absence of proceedings in which the detained thing “may be required”. When proceedings were commenced in the past but have since definitively ceased, it cannot be said that “proceedings have not been instituted”, but it is true that “proceedings have not been instituted in which the thing detained may be required”. No thing will “be required” for proceedings that have come to an end. This reading is further supported by the legislative context of s. 490(9), including the other subsections of s. 490, the wider scheme of the <i><a class="reflex2-link" href="https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html">Criminal Code</a></i>,<i> </i>and related provisions in the <i>CDSA</i>. It aligns with the purpose of s. 490, which is to provide a residual regime for the orderly detention and disposition of seized property.</p>
<p>&nbsp;</p>
<p>Citation: R. v. Nguyen, 2026 SCC 10</p>
<p class="p1">Contact Aswani K. Datt to book a consultation to review your legal options.</p>
<p class="p1"><span class="s1"><a href="https://www.aswanidatt.com/criminal-lawyer-brampton/">Brampton</a></span> <a href="https://www.aswanidatt.com/criminal-lawyer-milton/"><span class="s1">Milton</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-burlington/"><span class="s1">Burlington</span></a> <a href="https://www.aswanidatt.com/criminal-lawyer-oakville/"><span class="s1">Oakville</span></a></p>
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		<title>Search and seizure — Text message conversation — Reasonable expectation of privacy — Exigent circumstances</title>
		<link>https://www.aswanidatt.com/search-and-seizure-text-message-conversation-reasonable-expectation-of-privacy-exigent-circumstances/</link>
		<pubDate>Mon, 09 Dec 2024 19:17:54 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[exigent circumstances]]></category>
		<category><![CDATA[reasonable expectation of privacy]]></category>
		<category><![CDATA[text messages]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1575</guid>
		<description><![CDATA[The main purpose of s. 8 of the Charter, which guarantees that everyone has the right to be secure against unreasonable search or seizure, is to protect the right to privacy from unjustified state intrusion. A claimant seeking standing to argue that their rights under s. 8 were infringed must show that they subjectively expected ]]></description>
				<content:encoded><![CDATA[<p>The main purpose of s. 8 of the Charter, which guarantees that everyone has the right to be secure against unreasonable search or seizure, is to protect the right to privacy from unjustified state intrusion. A claimant seeking standing to argue that their rights under s. 8 were infringed must show that they subjectively expected the subject matter of the search would remain private, and that their expectation was objectively reasonable having regard to the totality of the circumstances. In making this evaluation, courts are guided by four lines of inquiry: (1) the subject matter of the alleged search; (2) whether the claimant had a direct interest in the subject matter; (3) whether the claimant had a subjective expectation of privacy in the subject matter; and (4) whether the claimant’s subjective expectation of privacy was objectively reasonable.</p>
<p>                    First, when the state examines text messages, the subject matter of the alleged search is properly characterized as the electronic conversation between two or more people. The subject matter of the search includes the existence of the conversation, the identities of the participants, the information shared, and any inferences about associations and activities that can be drawn from that information. Second, a claimant would have a direct interest in a text message conversation if they participated in the conversation and wrote several of the texts at issue. Third, a claimant’s burden of establishing a subjective expectation of privacy in the subject matter of the alleged search is not a high hurdle. It can be presumed or inferred in the circumstances in the absence of the claimant’s testimony or admission at the voir dire. Fourth, in determining whether a subjective expectation of privacy is objectively reasonable, courts must employ an approach that is both normative and content‑neutral.</p>
<p>                    There is no closed or definitive list of factors relevant to whether a claimant’s subjective expectation of privacy in the subject matter of a search is objectively reasonable. However, the private nature of the subject matter is a critical factor in establishing a reasonable expectation of privacy. Courts must focus on whether the subject matter of the search at issue has the potential or tendency to reveal private information about the claimant. With respect to text messages in particular, the focus is not on the actual contents of the messages the police have seized, but rather on the potential of a given electronic conversation to reveal personal or biographical information, such as intimate details of the lifestyle and personal choices of the individual. In addition, the intrusiveness of the police technique in relation to the privacy interest at issue can be another important factor in assessing whether a claimant’s subjective expectation of privacy is objectively reasonable. This is a distinct consideration from whether the police acted lawfully at the second stage of the s. 8 inquiry.</p>
<p>                    In contrast, the level of control a claimant has over information is not determinative of the question of standing. Control is not an absolute indicator of a reasonable expectation of privacy, nor is lack of control fatal to a privacy interest. A person does not lose control of information for the purposes of s. 8 simply because another person possesses it or can access it. As a result, text message conversations may be protected by a zone of privacy that extends beyond a person’s own mobile device to the recipient of the message, even when the person shares private information with others. The zone of privacy protected by s. 8 of the Charter involves the right to keep personal information safe from state intrusion.</p>
<p>                    Once a claimant has established standing to argue that their rights under s. 8 were infringed, the next step is to determine whether the police acted lawfully, which is relevant to whether the state conduct was unreasonable. A search is reasonable under s. 8 if it is authorized by a reasonable law and conducted in a reasonable manner. However, a warrantless search is presumptively unreasonable, shifting the burden of persuasion to the Crown to establish, on a balance of probabilities, that the search was reasonable.</p>
<p>                    Parliament enacted Part VI of the Criminal Code as a comprehensive regime to address the interception of private communications by balancing the individual right to privacy with the collective need for law enforcement. Under Part VI, s. 184(1)(a) creates an indictable offence punishable by up to five years imprisonment if a person knowingly intercepts a private communication by use of any electro‑magnetic, acoustic, mechanical, or other device. For there to be an interception under Part VI, the police must use a device employing intrusive surveillance technology. Unless the police use intrusive surveillance technology, police deception or trickery does not amount to an interception under Part VI.</p>
<p>                    The police have authority at common law to search a person incident to a lawful arrest and to seize anything in their possession or in the surrounding area of the arrest. This power is extraordinary because it does not require a warrant or reasonable and probable grounds. It simply requires some reasonable basis for what the police did. A search incident to arrest is lawful if: (1) the arrest itself was lawful; (2) the search was truly incidental to the arrest, in that it was for a valid law enforcement objective connected to the arrest; and (3) the search was conducted reasonably. Valid law enforcement objectives include ensuring the safety of the police or the public, preventing the destruction of evidence, and uncovering evidence that could be used at trial.</p>
<p>                    Section 11(1) of the CDSA authorizes a justice to issue a warrant to search a place for a controlled substance and to seize it. By exception, s. 11(7) authorizes a peace officer to search the place without a warrant, if the conditions for a warrant exist but exigent circumstances make it impracticable to obtain one. Section 11(7) thus has two requirements. </p>
<p>First, it must be shown that there were exigent circumstances, which denote not merely convenience, propitiousness, or economy, but rather urgency, arising from circumstances calling for immediate police action to preserve evidence, officer safety, or public safety. </p>
<p>Second, it must be shown that the conditions for obtaining a warrant existed, but that exigent circumstances rendered it impracticable to obtain a warrant, meaning that it was impossible in practice or unmanageable to obtain a warrant. Regarding the evidentiary threshold, the police must have reasonable and probable grounds, rather than merely reasonable suspicion, for the claimed exigency under s. 11(7). </p>
<p>The Crown must establish the reasonable probability of the claimed exigency, based on the experience and expertise of the police and the relevant facts before them. As for the standard of appellate review, a trial judge’s assessment of the evidence and findings of fact in applying s. 11(7) attract substantial deference on appeal; however, whether the facts as found by the trial judge meet the legal standard for exigency under s. 11(7) is a question of law reviewable for correctness.</p>
<p>Source: R. v. Campbell, 2024 SCC 42 (CanLII)</p>
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		<title>Trust Your Case to Our Experienced Mississauga Defence Lawyers</title>
		<link>https://www.aswanidatt.com/trust-your-case-to-our-experienced-mississauga-defence-lawyers/</link>
		<pubDate>Mon, 03 Jun 2024 16:42:51 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Lawyer in Mississauga]]></category>
		<category><![CDATA[Mississauga Criminal Lawyer]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1558</guid>
		<description><![CDATA[Facing criminal charges in Mississauga? Having a knowledgeable criminal lawyer in Mississauga by your side will increase the chances of having a positive outcome on your case. Our Mississauga defence lawyers have years of experience representing clients in various criminal cases. With a proven track record of success and a commitment to providing outstanding legal ]]></description>
				<content:encoded><![CDATA[<p>Facing criminal charges in Mississauga? Having a knowledgeable criminal lawyer in Mississauga by your side will increase the chances of having a positive outcome on your case. Our Mississauga defence lawyers have years of experience representing clients in various criminal cases. With a proven track record of success and a commitment to providing outstanding legal representation, our criminal lawyers in Mississauga are dedicated to fighting for your rights. Trust us to handle your case, and feel confident you are in capable hands!</p>
<h2>Understanding Your Legal Rights</h2>
<p>You must be aware of their legal rights during criminal investigations and trials. While consulting with a criminal lawyer in Mississauga is recommended, having a basic understanding of one’s rights is an advantage. Your legal rights under the Canadian Charter of Rights and Freedoms are secured. These rights include:</p>
<ul>
<li>You have the right to know why you were arrested and what the charges against you are.</li>
<li>You have the right to speak to or consult a lawyer.</li>
<li>You’re assumed innocent unless proven guilty.</li>
<li>You are entitled to a fair trial, where you can present your defence and question witnesses.</li>
</ul>
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<p>It is important to remain calm and respectful when dealing with law enforcement and legal authorities. Ask for a lawyer if you are detained or arrested. You should wait for your lawyer to be present before answering any questions. Taking notes of important details such as dates, times, and names of officers involved can be useful when your lawyer is reviewing or investigating your case. Always request copies of official documents, such as arrest or search warrants.</p>
<p>Understanding your legal rights and the court procedures in Mississauga also allows you to navigate and understand the justice system, make educated decisions, and take appropriate actions.</p>
<h2>Importance of Trusting Your Criminal Lawyer in Mississauga</h2>
<p>Don’t overlook the importance of trust between a client and a criminal lawyer. Building a strong working relationship and trust between the client and the lawyer is essential for building a successful defence strategy. Feeling unsure or scared when facing criminal charges is natural, so trusting your lawyer wholeheartedly is important. A high level of trust allows your lawyer to represent you and tailor their defence strategy accordingly and effectively, providing security in an otherwise uncertain situation.</p>
<p>Confidentiality is another important factor in the lawyer-client relationship. Anything you disclose to your lawyer must be kept confidential and will used to your advantage. A lawyer must protect your confidential information. Otherwise, they will be at risk of losing their business and clients. Once trust is established, your criminal lawyer in Mississauga can start developing a powerful defence strategy that best serves your interests.<br />
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<h2>Empower Your Defence with Mississauga Defence Lawyers</h2>
<p>Each case is unique, that’s for sure. Mississauga defence lawyers work side-by-side with their clients to build an effective defence strategy. Your lawyer will thoroughly analyze the evidence collected by the prosecution and attempt to gather additional evidence to strengthen your defence. To help build a stronger defence, your lawyer may conduct witness interviews, ask for a private investigator’s assistance, collect character references, and look into evidence-based documents like texts and emails.</p>
<p>A competent criminal lawyer in Mississauga will question the prosecution’s case before the judge or jury through various tactics, including:</p>
<p>If you have a solid alibi that proves you were nowhere near the crime scene, your lawyer will present it to the court clearly and convincingly.</p>
<ul>
<li>Challenging the victim’s credibility</li>
<li>Negotiating a plea deal</li>
<li>Exploring alternative legal avenues.</li>
</ul>
<p>No matter what kind of trouble you’re in, a Mississauga defence lawyer can fight for you and make sure your rights are protected. They’ll work hard to get you the best possible outcome.</p>
<h2>Contact Aswani K. Datt — Your Trusted Criminal Lawyer in Mississauga</h2>
<p>If you or your loved one is facing criminal charges in Mississauga, trust your case to Aswani K. Datt. He is one of the most experienced and reputable Mississauga defence lawyers. With a proven track record of successfully defending clients in various <a href="https://www.aswanidatt.com/practice-areas/">criminal cases</a>, Mr. Datt provides expert legal representation and dedicated service to every client. His expertise and success in the field of criminal law should give you the confidence that you are in capable hands. For his credentials, please visit</p>
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<p><a href="https://www.aswanidatt.com/contact/">Contact Aswani K. Datt</a> today by phone at <a class="phonetrack" href="tel:05-755-0104">905-755-0104</a> or toll-free at <a class="phonetrack" href="tel:1-844-328-8529">1-844-DATTLAW (1-844-328-8529)</a>. His office is at <a href="https://www.google.com/maps/place/7111+Syntex+Dr+%23130,+Mississauga,+ON+L5N+8C3/@43.6066204,-79.7562939,17z/data=!3m1!4b1!4m6!3m5!1s0x882b6a8e0dcb9015:0x19ccace63245bcf!8m2!3d43.6066204!4d-79.7562939!16s%2Fg%2F11j11rqpmg?entry=ttu">7111 Syntex Drive, Unit 130, Mississauga</a>.</p>
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		<title>A Criminal Lawyer in Mississauga Can Deliver Peace of Mind</title>
		<link>https://www.aswanidatt.com/a-criminal-lawyer-in-mississauga-can-deliver-peace-of-mind/</link>
		<pubDate>Mon, 03 Jun 2024 16:35:44 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Lawyer in Mississauga]]></category>
		<category><![CDATA[Mississauga Criminal Lawyer]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1553</guid>
		<description><![CDATA[When faced with legal challenges in Mississauga, finding a reliable and experienced defence lawyer is important for protecting your rights. At our law firm, we understand the stress and uncertainty of navigating the legal system alone. Our dedicated lawyers are committed to offering you the peace of mind you need during this challenging time. With ]]></description>
				<content:encoded><![CDATA[<p>When faced with legal challenges in Mississauga, finding a reliable and experienced defence lawyer is important for protecting your rights. At our law firm, we understand the stress and uncertainty of navigating the legal system alone. Our dedicated lawyers are committed to offering you the peace of mind you need during this challenging time. With years of experience and a proven track record of success, our lawyers possess the knowledge and skills to defend your case effectively. Whether you’re dealing with criminal charges, family law matters or require legal advice, we’re here to assist you.</p>
<p>Trust our expertise to guide you through the legal process and fight for the best outcome. Allow us to handle your defence in Mississauga while you focus on moving forward confidently.</p>
<h2>Choosing the Best Criminal Lawyer in Mississauga</h2>
<p>Find a Mississauga lawyer who communicates clearly and openly. During your initial meeting, pay attention to how they listen, respond, and explain legal concepts. Ensure they are always available and willing to discuss your case when needed. Ask about their communication method and response time, especially in urgent situations.</p>
<p>Building a strong relationship with your lawyer is important for a successful partnership. Choose a criminal lawyer you trust, with whom you feel at ease sharing private details, and who shows understanding of your situation. When determining a lawyer’s effectiveness and work ethic, it is helpful to read online client testimonials and see if they have been recognized by peers or legal organizations in criminal law. These testimonials can give you valuable insights into their practical approach and the level of respect they hold within the legal community.<br />
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<h2>Why Local Expertise Matters When Hiring a Criminal Lawyer</h2>
<p>Choosing a lawyer who is an expert in criminal law in Mississauga is best. With a deep understanding of the criminal justice system in Mississauga and the Greater Toronto Area (GTA), a local expert is well-equipped to handle your case. When evaluating a lawyer’s courtroom demeanour, don’t underestimate experience. Ask about their trial history and how they approach arguments. Choose a lawyer who is confident as they will represent you in court.</p>
<p>A criminal lawyer in Mississauga will have established relationships with law enforcement, court personnel, and the prosecution team. Their familiarity with local court procedures and policies can make a huge difference, especially when facing serious charges like uttering threats.<br />
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<h2>Peace of Mind Knowing Your Rights are Defended</h2>
<p>Your criminal lawyer in Mississauga will defend your rights once you hire them. If there is any indication that the police conducted an unlawful search or seized evidence improperly, your Mississauga criminal lawyer will leverage that information to dismiss the evidence. Furthermore, if the police failed to inform you of your right to legal representation or denied you access to a lawyer, your criminal lawyer can use this to drop your charges. Having a skilled and knowledgeable professional on your side is important during legal proceedings.</p>
<h2>How a Criminal Lawyer in Mississauga Builds a Powerful Defence Strategy</h2>
<p>No two cases are alike. A criminal lawyer will work closely with you to build a strong defence strategy tailored to your situation. Your criminal lawyer in Mississauga will thoroughly review the prosecution’s evidence against you and seek additional evidence to strengthen your defence, such as conducting witness interviews, asking the help of a private investigator, gathering character references, and scrutinizing relevant documents like texts and emails. A seasoned criminal lawyer familiar with Mississauga’s legal landscape will work to cast doubt on the prosecution’s case in front of the judge or jury, which can be achieved through various strategies, including:</p>
<ul>
<li>Presenting an alibi</li>
<li>Questioning the victim’s credibility</li>
<li>Negotiating plea deal</li>
<li>Pursuing alternative options</li>
</ul>
<h2>Aswani K. Datt Will Defend You from Start to Finish</h2>
<p>There is no need to search for the top-rated criminal lawyer in Mississauga! Aswani K. Datt is here to provide expert legal representation. Mr. Datt provides strong defence services from start to finish. With a focus on delivering peace of mind to clients facing legal challenges, Mr. Datt works tirelessly to protect your rights and advocate on your behalf. Trust in his expertise and experience to guide you through the legal process and achieve the best possible outcome for your case.</p>
<p>With a proven track record of success in defending clients facing criminal charges in various <a href="https://www.aswanidatt.com/practice-areas/">practice areas</a>. Mr. Datt will build a powerful defence strategy to have the best possible outcome for your case. For his credentials, please visit</p>
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<p><a href="https://www.aswanidatt.com/contact/">Contact Aswani K. Datt</a> today by phone at <a class="phonetrack" href="tel:05-755-0104">905-755-0104</a> or toll-free at <a class="phonetrack" href="tel:1-844-328-8529">1-844-DATTLAW (1-844-328-8529)</a>. His office is at <a href="https://www.google.com/maps/place/7111+Syntex+Dr+%23130,+Mississauga,+ON+L5N+8C3/@43.6066204,-79.7562939,17z/data=!3m1!4b1!4m6!3m5!1s0x882b6a8e0dcb9015:0x19ccace63245bcf!8m2!3d43.6066204!4d-79.7562939!16s%2Fg%2F11j11rqpmg?entry=ttu">7111 Syntex Drive, Unit 130, Mississauga</a>.</p>
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		<title>Charged with a Crime in Mississauga? Our Lawyers Stand Firm Beside You</title>
		<link>https://www.aswanidatt.com/charged-with-a-crime-in-mississauga-our-lawyers-stand-firm-beside-you/</link>
		<pubDate>Mon, 03 Jun 2024 16:30:30 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Lawyer in Mississauga]]></category>
		<category><![CDATA[Mississauga Criminal Lawyer]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1550</guid>
		<description><![CDATA[If you or a loved one faces criminal charges in Mississauga, it can be an overwhelming experience. The legal process can be confusing, but our criminal lawyers are here to stand firm beside you every step of the way. We understand the gravity of the situation and are committed to offering you the expert guidance ]]></description>
				<content:encoded><![CDATA[<p>If you or a loved one faces criminal charges in Mississauga, it can be an overwhelming experience. The legal process can be confusing, but our criminal lawyers are here to stand firm beside you every step of the way. We understand the gravity of the situation and are committed to offering you the expert guidance and support necessary to navigate the legal system. With our knowledge, dedication, and unwavering commitment to your defence, we will work tirelessly to ensure that your rights are safeguarded and that you receive a fair and just outcome. When you choose us, you can trust that you are in capable hands.</p>
<h2>Our Criminal Lawyer in Mississauga Will Develop a Strong Defence Strategy</h2>
<p>A good criminal lawyer in Mississauga understands the Mississauga legal system. Your lawyer will carefully examine the details of your case, searching for any weaknesses or contradictions that can be used to your advantage. They may question the evidence presented by the prosecution if your constitutional rights were violated. Alternatively, a lawyer may opt for an affirmative defence to justify your actions or reduce the severity of the crime.</p>
<p>If you were acting in self-defence during an assault incident, your lawyer would gather evidence to back up your claim. Depending on the situation, plea bargaining might be an option. Our lawyers will review the prosecution’s case, and your case to determine if negotiating a plea deal for a lesser offence and a lighter punishment is the best approach.<br />
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<h2>Facing Wrongful Accusations? A Criminal Lawyer in Mississauga Can Help!</h2>
<p>Being wrongly accused of a crime can be a terrifying experience. The fear of being arrested, charged, and potentially convicted for something you didn’t do is a nightmare that nobody should have to go through. In such situations, it is essential to have the assistance of a criminal lawyer who will carefully assess the evidence against you. They will thoroughly examine police reports, witness statements, and other important details to construct a strong defence that highlights your innocence. If required, they may even ask for the help of private investigators to recover additional evidence or locate witnesses who can provide support for your case.</p>
<p>Even after your trial, our commitment to you continues. We’ll negotiate with prosecutors to have charges dropped or reduced. We’ll fight for you in court, presenting evidence, questioning witnesses, and challenging the prosecution’s narrative. If convicted, we’ll continue to explore other options like appeal, retrial, or sentence reduction.<br />
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<h2>Beyond the Legal Battle</h2>
<p>Your lawyer is your voice, whether it’s court appearances, plea negotiations, or a trial. They will stand up for you with strength and expertise, ensuring your story is heard clearly. An important part of defending against criminal charges is skillfully negotiating with prosecutors. Your attorney will use their knowledge to secure plea deals or explore options for reducing charges or penalties. Their main objective is to achieve the most favourable outcome for your case. Coping with criminal charges in Mississauga can take a toll on your emotions. A good lawyer is compassionate and supportive throughout the process. They understand the importance of protecting your well-being, not just focusing on legal matters.</p>
<h2>How Much Does a Criminal Lawyer in Mississauga Cost?</h2>
<p>When searching for the best criminal lawyer in Mississauga, you might be interested in knowing the cost of hiring a criminal lawyer. The cost may vary depending on the case’s difficulty, number of court appearances, likelihood of a trial, and ease of plea negotiations. For instance, a difficult case that goes to trial will likely be more expensive than a simple misdemeanour that a skilled lawyer can quickly resolve.</p>
<h2>Aswani K. Datt is Your Best Criminal Lawyer in Mississauga</h2>
<p>If you’re charged with a crime in Mississauga, you need a skilled and experienced criminal lawyer. Aswani K. Datt is here to provide expert legal guidance. With a proven track record of success in defending clients facing criminal charges, Mr. Datt is dedicated to protecting your rights and ensuring the best possible outcome for your case.</p>
<p>Mr. Datt is the leading criminal lawyer in Mississauga, trained in various <a href="https://www.aswanidatt.com/practice-areas/">practice areas</a>. With his knowledge and years of expertise, he can develop an effective defence strategy to obtain the best possible outcome for your unique case. For his credentials, please visit</p>
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<p><a href="https://www.aswanidatt.com/contact/">Contact Aswani K. Datt</a> today by phone at <a class="phonetrack" href="tel:05-755-0104">905-755-0104</a> or toll-free at <a class="phonetrack" href="tel:1-844-328-8529">1-844-DATTLAW (1-844-328-8529)</a>. His office is at <a href="https://www.google.com/maps/place/7111+Syntex+Dr+%23130,+Mississauga,+ON+L5N+8C3/@43.6066204,-79.7562939,17z/data=!3m1!4b1!4m6!3m5!1s0x882b6a8e0dcb9015:0x19ccace63245bcf!8m2!3d43.6066204!4d-79.7562939!16s%2Fg%2F11j11rqpmg?entry=ttu">7111 Syntex Drive, Unit 130, Mississauga</a>.</p>
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		<title>Mississauga Criminal Charges? Let Our Lawyers Be Your Shield </title>
		<link>https://www.aswanidatt.com/mississauga-criminal-charges-let-our-lawyers-be-your-shield/</link>
		<pubDate>Mon, 03 Jun 2024 16:23:25 +0000</pubDate>
		<dc:creator><![CDATA[Aswani Datt]]></dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Criminal Lawyer in Mississauga]]></category>
		<category><![CDATA[Mississauga Criminal Lawyer]]></category>

		<guid isPermaLink="false">https://www.aswanidatt.com/?p=1543</guid>
		<description><![CDATA[The Mississauga legal system can be complex and overwhelming if you’re unfamiliar with it, but you can navigate it with the experts. Our lawyers are here to be your shield, providing you with the support and representation you need during this challenging time. A Mississauga criminal lawyer can support you, defend your rights, and work ]]></description>
				<content:encoded><![CDATA[<p>The Mississauga legal system can be complex and overwhelming if you’re unfamiliar with it, but you can navigate it with the experts. Our lawyers are here to be your shield, providing you with the support and representation you need during this challenging time. A Mississauga criminal lawyer can support you, defend your rights, and work to give the best possible outcome to your case. Our lawyers are committed to ensuring a fair and just result. We will work tirelessly to defend you against any Mississauga criminal charges you may be facing.</p>
<p>Let us handle the legal complexities so you can focus on moving forward. Trust in our expertise and dedication to guide you through this process with confidence and peace of mind.</p>
<h2>Confused? Here’s What to Do</h2>
<p>Getting arrested in Mississauga can be scary and confusing. The legal process and outcomes can be a lot to handle for someone who doesn’t have any knowledge of the system. If you find yourself in this situation, here’s what you should do:</p>
<h3>Know Your Rights and Remain Silent</h3>
<p>Under Canadian law, you have the right to remain silent when arrested. You are not obligated to answer any questions from law enforcement officers about the alleged crime. Before consulting with a lawyer, refrain from discussing your case with anyone, including law enforcement, friends, or family. Remember that anything you say can be used against you in court. A lawyer’s guidance ensures you make informed decisions that will benefit your case in the long run.</p>
<h3>Request a Lawyer Immediately</h3>
<p>Don’t try to explain your situation or justify your actions to the police. A skilled criminal lawyer can be your voice and guide you through the legal process. Your lawyer will clearly explain the charges against you, outlining the potential consequences and available defence options, investigate the case, and analyze evidence and witness statements to gather the information that supports your innocence or identifies weaknesses in the prosecution’s case.</p>
<p>Sometimes, your lawyer can negotiate with prosecutors to reduce charges or explore plea bargains. They will advocate for the best possible outcome.</p>
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<h2>What Happens If I Were Convicted?</h2>
<p>A criminal conviction can leave a lasting mark on your records, and the severity of the consequences depends on the crime itself. Fines, probation, community service, and even jail time are all potential outcomes. But the impact goes beyond the immediate sentence. A criminal record can haunt you for years, affecting your ability to find a job, secure housing, or even volunteer. However, this will depend on your case. If you’re being accused of Mississauga criminal charges, consult a criminal lawyer who can explain the potential outcomes of your situation. Your lawyer is a fierce defender of your rights and ensures they are respected throughout the case.</p>
<h2>Our Criminal Lawyer in Mississauga Will Protect Your Rights</h2>
<p>A skilled criminal lawyer is your best defence if you face criminal charges in Mississauga. They go far beyond just showing up in court. Once you hire a criminal lawyer in Mississauga, they will review your case, the charges, and the potential consequences and examine the evidence to create an effective defence strategy tailored to your case. Your lawyer will review the evidence gathered against you or question the actions of law enforcement – giving you a sense of security and protection.</p>
<h2>Beyond the Legal Battle</h2>
<p>Your lawyer is your voice, whether it’s court appearances, plea negotiations, or a trial. They will stand up for you with strength and expertise, making sure your side of the story is clearly heard. An important part of defending against criminal charges is skillfully negotiating with prosecutors. Your lawyer will secure plea deals or explore options for reducing charges or penalties. Their main objective is to achieve the most favourable outcome for your case.</p>
<p>Coping with criminal charges in Mississauga can take a toll on your emotions. Your lawyer provides a compassionate and supportive presence throughout the process. They understand the importance of protecting your well-being, not just focusing on legal matters.</p>
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<h2>Get the Best Possible Outcome for Your Case — Contact Aswani K. Datt</h2>
<p>If you’re dealing with Mississauga criminal charges, a criminal lawyer is the first step toward a positive outcome. Aswani K. Datt is a top-rated criminal lawyer in Mississauga who handles various practice areas. With his knowledge and years of expertise, he can create a powerful defence strategy for your unique case.</p>
<p>While the cost of legal representation can vary depending on the complexity of your case, Mr. Datt provides transparent and fair pricing. He will guide you through every step, protecting your rights and fighting for the best outcome. For his credentials, please visit</p>
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<p>Remember, you have a right to fight back. Let us be your strongest ally!</p>
<p><a href="https://www.aswanidatt.com/contact/">Contact Aswani K. Datt</a> today by phone at <a class="phonetrack" href="tel:05-755-0104">905-755-0104</a> or toll-free at <a class="phonetrack" href="tel:1-844-328-8529">1-844-DATTLAW (1-844-328-8529)</a>. His office is at <a href="https://www.google.com/maps/place/7111+Syntex+Dr+%23130,+Mississauga,+ON+L5N+8C3/@43.6066204,-79.7562939,17z/data=!3m1!4b1!4m6!3m5!1s0x882b6a8e0dcb9015:0x19ccace63245bcf!8m2!3d43.6066204!4d-79.7562939!16s%2Fg%2F11j11rqpmg?entry=ttu">7111 Syntex Drive, Unit 130, Mississauga</a>.</p>
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