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Brampton Criminal Defence Law Blog

When is it okay for a police officer to search you?

You may have seen on television shows that, when police officers approach a suspect, they may immediately try and search them for evidence of some kind. You may wonder “is this what happens in real life?”

For many people, facing a criminal charge is their first interaction with the Canadian legal system. They may think they understand how the law works based on pop culture, but the truth is that things don’t always appear the correct way in fiction.

I got pulled over by the cops. Now what do I do?

If you have been signaled by a police officer to stop, you should pull over and stop the car. The reason a police officer has pulled you over is either you have broken a law, or they have reason to believe you have broken a law. Being pulled over allows police offer to determine if any laws have been violated or not, and what to do next.

A police officer will likely ask you questions in order to obtain more information to determine if you are guilty of committing an office or not. According to Ontario traffic laws, you will need to show proof that you are legally allowed to drive (a driver’s licence) and ownership of the vehicle (registration).

4 minor offences that can have major consequences for juveniles

Generally, young people are more likely to make poor choices or take risks that older adults would not. This is often attributed to the fact their brains are still maturing, and they are often faced with immense peer pressure.

Unfortunately, this is no excuse for engaging in criminal conduct. As such, teens can face some very mature consequences for their actions if those actions are unlawful. And even when the offences seem minor, they can result in serious criminal charges for youth offenders.

Breaching Bail Conditions: What You Need To Know

For someone navigating the criminal justice system for the first time, understanding what to expect (and what is expected of you) can be stressful. After all, you’ve been put in a position where your freedom is at stake, your rights may feel shaky, and your future is on the line.

When it comes to understanding bail conditions, there is a lot to learn and even more at stake. Find out what you need to know and what to do if you need help.

Recommended steps when a police officer suspects drug impairment

When the police find a reason to pull you over, such as a broken taillight or an erratic movement in your driving, it is perfectly normal to feel nervous. The officer may seem friendly and easy-going as he or she makes small talk, and soon you may begin to feel more relaxed. However, the officer who approaches your vehicle is trained to look for signs of something more serious than a taillight.

What you may see as chitchat is really the officer creating an opportunity to smell your breath, listen to your speech patterns and scan the inside of your car for drugs or other contraband. Any indication that you have been drinking or using drugs, and the officer will become all business. Do you know what to do to protect your rights if the police ask you to step out of your car and submit to a Standardized Field Sobriety Test?

Protecting your rights when the police detain or arrest you

When Ontario police detain you, it can be a scary time. You may feel confused and uncertain, as if you have lost control of the situation. In fact, you may very well lose control of the situation if you are unfamiliar with your civil rights under the Canadian Charter of Rights and Freedoms. These rights place limits on the actions of law enforcement when dealing with citizens who are suspected of wrongdoing. 

When can the police subject juveniles to searches?

Being confronted by the police for any reason can be a rather stressful time, especially for juveniles. When alleged crimes are involved, many younger individuals may not necessarily understand their rights before, during or after an arrest. Sadly, there are instances when police officers in Ontario may take advantage of this and violate the rights of a young suspect.

While most police officers do their very best to serve and protect the public, there are still legal standards to which they must comply while doing their jobs. Would you know your rights when a police officer wants to search you?

When sleeping it off can get you into trouble

Everyone knows that getting behind the wheel of a vehicle after a night of boozing is dangerous. It could lead to you losing your life, and could lead to injuring or killing others. Nevertheless, what if the only alternative is to sleep it off in your car? Apparently, in Ontario, even if you're snoozing in the back seat after having been drinking, you may have a tough time if the police find you.

If the police administer a Breathalyzer test and you blow more than the allowable limit, you could face charges of care or control of a vehicle while being impaired. Translation: drunk parking. A care or control charge has been a contentious issue as far as the courts are concerned, but a recent Supreme Court ruling brought clarity to the issue by indicating that alcohol and vehicles do not a marriage make under any circumstances.

A positive alternative for Toronto juveniles facing charges

Most parents and law enforcement authorities in Toronto know and understand that mistakes are part of growing up and could be important tools in the development of responsible adults. However, the manner in which they react to mistakes and treat the offender may determine a positive or negative outcome. You likely understand that crimes cannot go unpunished, but nobody would want you to pay for a misdemeanour for the remainder of your life.

If you were involved in a minor crime like theft, you might have a myriad of problems if police treat it as a more serious crime such as robbery. However, it may be helpful to learn that the Toronto Police Service recently launched the Youth Pre-Charge Diversion Program, which will offer young offenders the opportunity to take part in a program that could guide them away from crime, rather than the traditional method of prosecution.


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