Services & Practice Areas

SERVICES

THE FOLLOWING LEGAL SERVICES ARE PROVIDED FOR ALL CRIMINAL OFFENCES
FARJOUD LAW – CRIMINAL DEFENCE LAW FIRM

PRACTICE AREAS

  • DRUG OFFENCES – POSSESSION – POSSESSION FOR THE PURPOSE OF TRAFFICKING – TRAFFICKING – IMPORTATION – PRODUCTION
  • DRIVING UNDER INFLUENCE – DUI – IMPAIRED DRIVING – OVER 80 – DRINKING AND DRIVING – REFUSE TO BLOW
  • ASSAULT CHARGES – ASSAULT – SEXUAL ASSAULT – DOMESTIC ASSAULT – ASSAULT WITH A WEAPON – AGGRAVATED ASSAULT – ASSAULT CAUSING BODILY HARM
  • VIOLENT OFFENCES – ROBBERY – KIDNAPPING – FORCIBLE CONFINEMENT – ARMED ROBBERY (WITH A FIREARM) –
  • PROPERTY OFFENCES – SHOPLIFTING – THEFT UNDER $5000 – THEFT OVER $5000 – MISCHIEF – POSSESSION OF STOLEN PROPERTY
  • FRAUD UNDER $5000 – FRAUD OVER $5000 – FORGERY – IDENTITY THEFT – CREDIT CARD FRAUD
  • YOUTH CRIMES – YOUNG OFFENDER CHARGES – YOUTH OFFENCE
  • DRIVING RELATED OFFENCES – DANGEROUS DRIVING – STUNT DRIVING – CARELESS DRIVING – SUSPENDED DRIVERS LICENSE – DRIVE NO INSURANCE – FAIL TO REMAIN –
  • WEAPONS OFFENCES – FIREARMS/GUNS CHARGES
  • GUNS AND GANGS INVESTIGATIONS – MAJOR PROJECTS CASES – CONSPIRACY – GANG OFFENCES – CRIMINAL ORGANIZATION

SURRENDERING TO POLICE / TURNING YOURSELF IN

In certain situations, a criminal charge is inevitable; however, if you’ve already retained us at the investigative phase, then you’re in the best defence position possible and our priority then shifts to assisting our clients with making all the arrangements to turn themselves into police custody. Our law firm’s approach for surrendering is simple – get you in and out of police custody as quick as possible. This means our clients will spend the very least amount of time in custody, before they are either released from the police station, or taken to court for a bail hearing.

In situations where the client requests the personal attendance of their Criminal Lawyer, for any reason, and the police agree, Farjoud Law is more than willing to attend with our clients for the purposes of surrendering to the police to be charged, arrested and/or processed.

Prior to the actual surrender, our Criminal Lawyer at Farjoud Law will take the time to thoroughly explain not only your rights and freedoms as set out in the Canadian Charter of Rights and Freedoms (“the Charter”), but also how to actually exercise those rights while in police custody and subject to various intimidating police investigation techniques and tools. For example, we do not just tell our clients that “you have the right to remain silent”, we advise our clients on how to actually exercise their rights by preparing them with various real-life and in-custody situations they may face.

BAIL HEARINGS

Prior to surrender, Farjoud Law immediately determines whether you will be detained by police and brought before a Justice of the Peace (“Justice” or “JP”) of an Ontario Court of Justice for a bail hearing, commonly referred to as a ‘Show Cause’ hearing. At this hearing, the JP will determine whether the person charged with an offence should be released or held in custody pending trial.

At Farjoud Law, our Criminal Lawyer is responsible for preparing the strongest plan possible to ensure our clients are released on bail. Upon attending court on the day of your bail hearing, Defence Counsel will meet with the Crown Attorney to request their position on the accused’s release, and if they are seeking detention, on which of the following three grounds: primary, secondary and/or tertiary.

  • Primary grounds are concerned with whether the accused is a flight risk and if his or her attendance at future court dates is an issue.
  • Secondary grounds address whether detention is required to ensure the safety of the public (including the complainant) and whether there is a substantial likelihood he or she will commit a further offence upon release.
  • Tertiary grounds refer to whether detention is necessary to maintain confidence in the administration of justice.

If the Crown Attorney or the Justice of the Peace are seeking detention and have concerns relating to the accused and any of the three grounds for detention, we will fearlessly argue for his or her release with a well devised plan of supervision that will address any and all of these concerns.

Defence Counsel at Farjoud Law have the knowledge and experience necessary to develop the best plan of supervision essential for an accused person’s release. We have proven to be effective in securing bail for our clients time and time again.

Farjoud Law makes it a priority to meet with our clients and their sureties at least once, in advance of the actual date of the bail hearing for two reasons: 1) to interview everyone involved and gain a better understanding of the circumstances in order to create and present a supervision plan to the Courts that will be approved for release, and 2) to prepare the sureties  for the possibility of being called as a witness and questioned by Defence Counsel, the Crown Attorney and the Justice of the Peace. This is a significant aspect of the bail hearing and if the surety is unaware of certain crucial pieces of information that the court is seeking or expects the surety to have knowledge of, and ultimately fails to satisfy them, then the bail may be denied.

At Farjoud Law, we stand by our law firm’s policy and vow to never adjourn a bail hearing in which the accused and their sureties are prepared to proceed – when you and your surety are ready to proceed with the bail hearing, so are we at Farjoud Law and you are main priority. Please note that we are available on very to little same-days’ notice to conduct a bail hearing.

If you have been contacted by police and have been asked to turn yourself in, or know a family member or friend who is in custody awaiting a bail hearing, please immediately contact our Criminal Defence Lawyer Arman Farjoud directly at 647-606-6776 to schedule a consultation and review the details of your case.

COURT APPEARANCES / FIRST APPEARANCE / SET DATE COURT

The first court date after the bail hearing, is referred to as the ‘First Appearance’. This is NOT your trial date. The first appearance is an administrative court appearance where Defence Counsel requests disclosure from the Crown Attorney and advises the court that the accused has retained Counsel. It is quite common that the disclosure is not prepared by the first appearance. The matter is then adjourned for disclosure purposes, or in case disclosure is prepared, an adjournment is requested in order to allow Counsel to review the disclosure, determine if any further disclosure must be requested and possibly even schedule or conduct a Crown Pre-Trial.

Disclosure – Upon obtaining disclosure, it is crucial for Defence Counsel at Farjoud Law to review the disclosure in detail with our client. If the client has any questions or important information to provide about the allegation, we would note them down at this time. If any relevant information is missing, we would submit a written request to the Office of the Crown Attorney.

Once a written retainer (the agreement between client and lawyer regarding service to be provided) is signed and payment is made, we have our clients sign a ‘Designation’, which is served to the Court and advises that we are your Lawyer of Record. As such, we may appear on your behalf in your absence to deal with your matter. This service allows our clients to attend work, school, and any other responsibilities they may have, while we deal with their case.

If you or someone you know has been charged with a criminal offence and is waiting for their first court appearance, please immediately contact Criminal Defence Lawyer Arman Farjoud directly at 647-606-6776 to schedule a cost-free consultation to review the details of your case.

CROWN PRE-TRIAL (CPT) - meeting between defence counsel and crown attorney

A Crown Pre-Trial conference, commonly referred to as a Crown Resolution meeting, Pre-Trial or CPT, is a meeting between the Crown Attorney and the Criminal Defence Lawyer representing the accused.  These meetings are typically conducted once Defence Counsel has received and reviewed initial, partial or full disclosure. Pre-trial conferences or meetings address two main issues: case management and resolution. Case management discussions deal with issues such as any outstanding disclosure, identifying the legal issues, how the trial will be conducted, such as the mode of trial – judge alone or judge and jury, how many and which witnesses will be called, whether any pre-trial applications will be brought regarding the admissibility of evidence, and more. Resolution discussions at a crown pre-trial will deal with the Crown Attorney’s position regarding plea bargain, the sentence they would ask for, if the accused were to plead guilty before trial, the facts that would have to be admitted by the accused for the guilty plea, and any other issues relating to resolving the matter.

Crown Pre-Trial meetings are an invaluable resource for Criminal Defence Lawyers to engage in meaningful conversations with the Crown Attorney and negotiate a better plea bargain. At Farjoud Law, we have effectively persuaded Crown Attorneys to reconsider their firm initial positions through various techniques, which include providing certain information and/or evidence they were previously unaware of, or by identifying the weaknesses in the Crown’s case. Due to its significant role in criminal proceedings and the results that can be achieved, Farjoud Law strongly advises accused persons to always retain a Criminal Defence Lawyer to conduct these meeting. In fact, Crown Attorneys are very hesitant to personally have these meetings with the accused persons for a variety of reasons.

If you or someone you know is dealing with a criminal matter that is before the Courts and has not yet retained a lawyer, please immediately contact Criminal Defence Lawyer Arman Farjoud directly at 647-606-6776 to schedule a cost-free consultation to discuss the details of your case.

JUDICIAL PRE-TRIAL (JPT) - meeting between defence counsel, crown attorney and a judge

Judicial Pre-Trial meetings or conferences, commonly referred to as a JPT, is a meeting between the Crown Attorney, the Criminal Defence Lawyer representing an accused person, and a Judge in closed court or in the judge’s chambers. The topics discussed at this meeting are very similar to the ones mentioned previously in a Crown Pre-Trial and are even further defined or explored in the presence of a judge. The most significant difference between the two is the judicial input provided by a judge on any issues that arise between the two counsels. That being said, the judge that presides over the JPT cannot and will not end up being the trial judge. Depending on the jurisdiction and its rules, judicial pre-trials may be required for lengthier trials. Such a requirement is to ensure that the matter is handled as efficiently as possible by identifying the key issues. These meetings are held in the absence of the accused person who is generally not permitted to attend. Furthermore, anything discussed during a JPT between the crown attorney, defence lawyer and judge, are considered to be inadmissible (unless agreed upon by all parties) and is not permitted to be repeated at trial, unless all parties agree otherwise, in order to encourage full and frank discussions about the matter in hopes of moving the matter forward and resolving it.

JPT meetings provide Criminal Defence Lawyers with another invaluable opportunity to negotiate the best possible resolution in the presence of a Judge, who will provide judicial insight and an objective opinion for what he or she considers to be the most reasonable form of disposition or sentence. The additional value of JPT’s is that, if and when a reasonable resolution and/or sentence is reached, the presiding judge may accept it and preside over the matter accordingly. Ultimately, this allows the accused person to anticipate with greater certainty as to the final sentence they will receive from the judge.

If you or someone you know is dealing with a criminal matter that is before the Courts and has not yet retained a lawyer, please immediately contact Criminal Defence Lawyer Arman Farjoud directly at 647-606-6776 to schedule a cost-free consultation to discuss the details of your case.

PRELIMINARY HEARINGS

Preliminary hearing or inquiry is not available in all criminal cases – only in more serious cases where the Crown Attorney is proceeding by way of indictment. The judge presiding at a preliminary hearing determines whether there is sufficient evidence for a person to stand trial on the charges alleged. The legal test applied by the judge is whether there is “a jury who is properly instructed and acting reasonably, could return a verdict of guilt on the evidence presented”. The Crown Attorney must only demonstrate that there is sufficient evidence of each element of the offence alleged. As such, the Crown Attorney will call some witnesses, such as police officers or complainants to testify.

Rarely does the Defence present evidence at a preliminary hearing. That being said, it is an extremely valuable opportunity for the Defence to discover more information and evidence about the case for a variety of purposes. The defence may argue before the judge presiding over the preliminary hearing that the charges should be dismissed based on a lack of evidence. Defence counsel may also use the preliminary hearing as an opportunity to demonstrate to the Crown Attorney that their case is weak, and the charges should be withdrawn or a more favourable plea bargain agreement should be provided.  Most importantly, preliminary hearings are used to test potential defence theories to put forward at trial. Transcripts from these proceedings are typically obtained by defence counsel and can be an extremely useful tool at trial.

TRIAL

If the charges are not resolved upon conclusion of the preliminary hearing, the matter will proceed to a trial. Whether that trial will be heard before a judge alone or judge and jury in the Ontario Court of Justice or the Superior Court of Justice will be dependent on a variety of factors including: type and severity of offence (summary, indictable, hybrid), how the crown elects, the facts of the case, the type of evidence that will be presented (experts, DNA) and more. The judgement and advice of Criminal Defence Lawyer is a necessity in determining this and other important issues as counsel will intelligently assess all these factors and advise the best mode of trial that suits the particular facts of a case.

The presumption of innocence is a central legal principle in all criminal cases and as a result, the Crown Attorney has the burden of proving all the elements of an offence or charge, beyond a reasonable doubt. If there is any reasonable doubt that the accused did not commit the offence, then the trier of fact (either judge or judge and jury) must find the accused not-guilty.

BAIL VARIATION & REVIEW

If you are denied bail and detained at a bail hearing, you may apply to the Superior Court of Justice (higher level of court) for a review of the detention order. Another instance one may be required to conduct a bail review is when they have been granted bail but wish to vary a particular condition.

Our clients often seek to vary their condition(s) as a result of some change in their circumstance (such as a new job or school). The conditions of an accused’s bail order does not have to remain fixed throughout the course of the criminal proceedings.  A justice of the peace or judge of the Ontario Court of Justice can only modify an existing bail condition with the agreement of the Crown Attorney. If the Crown Attorney does not consent to the bail variation, the accused must bring a formal application to review the bail conditions before a judge in the Superior Court of Justice.

A successful bail review hearing will require satisfying the Superior Court of Justice judge that the justice of the peace or judge who imposed the original bail conditions made an error of law or that there has been a material change in the accused person’s circumstances to justify the change of bail conditions being sought by the accused.

Applying for a bail review requires the filing of certain materials at the Superior Court of Justice. Some of these materials includes copies of the transcript of the original bail hearing,  and affidavits (sworn statements) from both the accused person and any proposed sureties. The preparation involved in such proceedings is time-consuming and may take several weeks before the bail review can be heard.

If you or someone you know has been denied bail, detained in custody or wants to vary a condition of their bail order, please contact Arman Farjoud, Criminal Defence Lawyer at Farjoud Law at 647-606-6776 to schedule a consultation to review your case.

FINGERPRINTS AND PHOTOS RECORD DESTRUCTION APPLICATION

If you have been charged with a criminal offence, then you will be required to provide the police with your fingerprints and photo. This usually takes place at the police station when you are charged and arrested, or you may be provided with another date, prior to your first court appearance in which you will be required to attend the police station to do so. The authority for this demand stems from section 2 of the Identification of Criminals Act, which stipulates that if you are charged with a hybrid or indictable offence, then you must attend for fingerprinting and photographs. Failure to do so, will result in an additional charge of ‘failure to attend’.

Your fingerprints and photographs will be stored with the local police department (that laid the charges), as well as the RCMP database, unless you specifically request that they be destroyed. In order to have the fingerprints and photos destroyed, one must apply to the local police agency where you were charged. If the application is successful, the police agency will destroy the data and write a letter to the RCMP requesting to have your records destroyed as well – the records kept with the RCMP will only be destroyed through this procedure.

One must typically meet several conditions in order for your request to be granted.

  1. Must be an 18 years of age or older (at date of arrest)
  2. Cannot have any criminal convictions.
  3. Cannot have outstanding charges before the courts.
  4. Alleged offence cannot be a primary or secondary designated offence (as defined in section 487.04 of the Criminal Code)
  5. Peace Bond must have expired before application for destruction of records.
  6. Disposition of all charges must be one of the following: withdrawn, acquitted, dismissed, quashed, discharged or stayed (Judicial or Crown Attorney Stay – 1 year waiting period).
  7. Absolute Discharge – 1 year expiry must have passed prior to application.
  8. Conditional Discharge – 3 year expiry must have passed prior to application.

While the eligibility requirements vary based on how your charges were resolved, the jurisdiction or police agency that laid the charges may affect the process as well. For example, Toronto Police Services requires a 5 month waiting period from the last court appearance before an application will be accepted. On the other hand, York Regional Police do not require any waiting period if your charges are withdrawn, you are found not guilty or entered into a peace bond

Once you application is submitted, you can expect a very lengthy process as it may take several months for your application to be reviewed and an additional several months for you to receive a response. The whole process may take at least a year or two before you receive confirmation that your fingerprints and photos were destroyed.

It is crucial to note that simply submitting an application to have your records destroyed does not guarantee that the police will actually destroy them – the police do have the authority to deny your application and retain this information for various reasons.

Some jurisdictions charge a processing fee to review your fingerprints and photos destruction application.

If you have been charged and want to know if you are eligible to submit an application to have your record destroyed, please contact Criminal Defence Lawyer Arman Farjoud at 647-606-6776 for a cost-free consultation.

OTHER SERVICES

LEGAL RESEARCH & MEMOS

Looking for answers to your specific issues relating to criminal law? We conduct extensive legal research and provide our clients with comprehensive legal analysis and memorandums for all types of criminal law related issues. Research previously conducted has ranged from questions relating to the regulation and legality of marijuana dispensaries in Ontario, as well as the sentencing options available to an accused persons with great consideration for the facts of the offences, circumstances and background factors of the accused.

RETURN OF SEIZED PROPERTY

Have the police seized your property as a result of a criminal investigation? At Farjoud Law, we routinely assist clients with the return of their property. If you have had property seized in relation to a criminal charge, please contact Farjoud Law and speak with a criminal lawyer to determine if your property may be returned.

Contact Us - Farjoud Law

Webryze SEO Company is the Top Search Engine Optimization Agency in Toronto

Farjoud Law | Criminal Defence Lawyers
4950 Yonge Street, Suite 2200 Toronto, Ontario M2N 6K1
Phone: 647-606-6776 URL of Map
 
error: Content is protected