Michael Oykhman
What happens when I am charged with a crime?
In Canada, you are formally charged with a crime after an information is sworn before the court. An information is a document that specifies the charges against you, as well as details when and where the alleged offence occurred. Anyone can swear an information (though typically this is done by a police officer), but to do so they must go before a justice of ...
How can I defend a refusal/fail to provide breath sample charge?
If you were charged with a refusal/fail to provide a breath sample, you face the same potential sentence that you would otherwise face if you had provided a sample and blown Over 80, or been charged with Impaired Driving. There are many ways in which a refusal or failure to provide a breath sample can occur. Likewise, there are numerous possible defences. The best ...
If I am innocent, should I still get a lawyer?
If you have been charged with a criminal offence, or suspect that you are being investigated for a criminal offence, you should still get a lawyer even if you are innocent. While it might seem safe to assume that any investigation of your supposed involvement in a crime will end once you tell the police that you are innocent, this is simply not the ...
What is the difference between over 80 and .08?
If you provided sample of your breath and the machine said you blew over the legal limit, you have likely been charged with driving with a blood alcohol over the legal limit (s. 253(1)(b) of the Criminal Code). This is known as an “Over 80” or “Over .08” charge. Impaired Driving and Driving Over 80 are charges frequently seen in tandem. In fact, any time ...
How do I find the best lawyer for my DUI charge?
If you have been charged with a DUI offence, including Impaired Driving, Over 80, Refusal, or Care or Control, hiring an effective DUI lawyer is essential to advancing the best possible defence. This is probably the most important decision you will make in defending the case, and it can feel quite daunting. And with so many DUI lawyers to choose from, how can ...
What is solicitor-client privilege?
A lawyer can effectively defend his or her client only if the client may consult with the lawyer in confidence. Solicitor-client privilege protects legal advice communications between client and lawyer that were intended to be confidential by the parties and that did not have the purpose of furthering unlawful conduct. This privilege exists the moment a client, or potential client, seeks legal advice from ...
What happens at an initial consultation?
At your initial consultation we will typically spend about one hour gathering critical information about yourself and about the charges you are currently facing. We will also want your honest recollection of the events that led to your being charged with an offence. This is a very important meeting because it allows us to gather information about the most fundamental aspects of your case ...
When can the police stop me and question me?
The police are authorized to stop you and question you for investigative purposes when they reasonably suspect that you have committed a crime, are about to commit a crime, or when they see you committing a crime. If they have stopped you, you are required to identify yourself by providing your name, address, and date of birth if they request that you do so. ...
