If you’re planning a trip to cross the border into Canada, you might be surprised to learn that it’s not as easy as just flashing your passport. Those with a DUI to their name can be refused entry into the country at the outset, even if they have yet to be convicted. Unlike in the United States, where someone is innocent until proven guilty, pending trials can keep you banned from a trip to Canada. 

For those who are determined to cross into Canada, here’s what you need to know about your DUI charge: 

Getting Legal Permission

Fortunately, there is some good news that you can hold onto if you want to enter Canada with a DUI charge. Some people will be granted permission to access the country, getting approval in advance, which may require the help of an attorney. You can apply for access to Canada in two major ways: A Temporary Resident Permit or Criminal Rehabilitation. 

Temporary Resident Permit

The TRP is great for those who don’t plan to stay in Canada permanently and who have an important reason to cross the border. The Temporary Resident Permit allows you to specify how much time you want to spend in Canada and defend your reason for visiting. You can visit Canada multiple times on the same TRP for up to three years. 

Criminal Rehabilitation

Criminal Rehabilitation is another alternative for those who want to stay longer in Canada. This requires an application to immigration, asking them to forgive any DUI charges on your file. If approved, this is permanent forgiveness. You will never again have to worry about the legal red tape when entering the country with a Temporary Resident Permit. It’s good for life unless you obtain a second DUI or are convicted of another crime.  

The downside is that you must wait for at least five years following your completed sentence. It’s common for people to apply for TRP until they are eligible for Criminal Rehabilitation. 

On the other hand, Criminal Rehabilitation may not be totally necessary if your DUI is firmly in the past. If it occurred more than ten years ago and happened before 2018, you may be able to be grandfathered into their earlier rule of Deemed Rehabilitation. To qualify, it must be a single conviction, and you can’t have had any other arrests or charges brought against you. 

Get Help To Cross Into Canada

If you’re determined to visit Canada with a pending DUI charge or a conviction, you might need some assistance. Winnipeg criminal law firms like Brodsky Amy & Gould can file the proper paperwork to have your upcoming trip approved. We can help you determine whether a TRP or Criminal Rehabilitation is the best fit for you and walk you through every step of the process!

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The government is constantly shape-shifting to keep up with the times, which means that new laws are put in place each year to protect Canadian citizens. It can be challenging to keep up with all the changes that occur daily or weekly. Instead, it makes sense to look at the year as a whole and see what new laws were enacted as you look ahead to a new year. 

What are the new laws in Canada in 2022? Here’s a quick snapshot of a few that might surprise you: 

Conversion Therapy

For many years, conversion therapy was a prominent treatment that sought to convince people who identified as LGBTQIA+ to shift to thinking of themselves as heterosexual, cisgender individuals. As of January 2022, this new law makes it illegal for anyone to profit from this practice. Even those who advertise or promote it will be sentenced for their role in this damaging therapy with up to two years in prison. This is a major win for the LGBTQIA+ community that has suffered under this type of therapy for a very long time. 

No More Single-Use Plastics

In an attempt to take better care of the environment, Canada implemented a law limiting the number of single-use plastics people use daily. It covers key categories like bags at the checkout line, straws, and cutlery. The world will be better for this law as it aims to eliminate this type of waste. They also made several environmental shifts this year, including ending fossil fuel financing and changing carbon tax refunds in certain provinces. 

Gun Control Laws

With the introduction of Bill C-21, the Prime Minister put in place some pretty stringent restrictions regarding the purchase of new guns. There was a federal freeze on handgun purchases. The government is also taking away the licenses of those with a history of domestic violence charges or criminal harassment. They implemented more penalties for gun smuggling and trafficking. 

There is also a new “red flag” law for people who may be a danger to themselves to surrender their firearms. This is excellent news for those with a history of mental health concerns, intimate partner violence, and/or gender-based violence. 

Amendment to Judges Act and Criminal Code

This law is a significant step forward for sexual assault victims. Provincial superior court judges are now required to take continuing education courses in sexual assault law and learn about the social context for these crimes, giving them the background they need to understand the legal nuances of these types of violations. 

Getting a Criminal Defence Lawyer

If you find yourself on the wrong side of the law, you might need the professional assistance of a criminal defence lawyer in Winnipeg. Brodsky Amy & Gould can help you mount a great defence and minimize your punishment. Give us a call today to learn how we can assist you.

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If you’re ever held up by the police, you have the right to know how to handle the situation and how to secure the best outcome. There are certain inalienable rights that are granted to you, no matter what the situation may be. From the famous right to remain silent to the right to hire your own lawyer, here’s what you need to know about your rights and freedoms: 

The Right To Remain Silent

One of the most fundamental rights that the majority of people know about is the right to remain silent in questioning and at the time of the arrest. Police officers cannot hold it against you if you choose not to answer questions about what you’re doing, where you’re from, or where you reside. You may be required to share your name with the officer. 

However, apart from this basic information, you don’t have to answer questions without a lawyer present. 

If you choose to exercise this right, it’s best to say so aloud so that officers know you won’t answer their line of inquiry without a lawyer present. 

Reason for Arrest

If a law enforcement officer arrests or detains you, you have a right to know why. Police must share this information with you so that you can be better prepared for what happens next. While you still have the right to remain silent, knowing what charges are brought against you may help you decide whether to exercise your next right: The ability to hire a lawyer. 

Right to Representation

No matter what sort of crime you may or may not have committed, you have the right to hire a lawyer. Some individuals will choose to hire a private defence lawyer on their own, but others will want to take advantage of the duty counsel—attorneys who are paid for by the government. 

It’s best to hire a criminal lawyer as swiftly as possible, as they may be able to keep you out of jail during your bail hearing. This can have a direct impact on the outcome of your case, so be sure to consider whom you would contact in the event of an emergency, such as being questioned or arrested. 

Right To Speak Privately With an Attorney

In addition to being granted the right to hire an attorney, police must also give you the chance to speak with your attorney confidentially as soon as possible. This is your opportunity to start laying the foundation of your case and defence. Take advantage of the freedom to speak freely to your attorney without the prying ears of law enforcement. 

Hire a Defence Lawyer

Your best bet if you are arrested is to seek out the best criminal lawyers in Winnipeg. Brodsky Amy & Gould can represent you in criminal matters. Make sure to contact us as soon as possible to exercise your right to hire an attorney and to speak privately with them, no matter what type of charges you may be facing. 

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Have you committed a crime and found yourself on probation? While this may seem like a great way to avoid a more severe punishment like jail time, probation violations are common and can result in more serious consequences. Fortunately, many of the most common violations are easy to prevent with a little planning and a commitment to staying within the letter of the law. 

If you want to ensure that you don’t violate your probation with common mistakes, here are some of the most often cited violations that can result in disastrous consequences: 

Missing Court or Probation Appointments

Attending all of your court-ordered appointments is a necessity if you want to forego a probation violation that could lead to more charges. Namely, this means that you need to make it to each and every court date and probation meeting with your parole officer. Missing less than a handful of appointments could violate your probation and lead to more serious consequences. 

Not Paying Fines

Often, clients on probation may be ordered to pay some type of fine or financial restitution. Failing to pay this sum on time could be problematic for your probation. Prioritize the payment of your fines if you want to avoid more severe consequences. 

Alcohol and Drug Tests

Depending on the nature of your crime, you may be subjected to routine alcohol and drug tests. If you’re found to fail either of these types of tests, you will violate your probation agreement. For those who have to get tested, it’s best to abstain from all substances that could impact your probation (even if your consumption is perfectly legal). 

No Community Service

If you want to stay within the terms of your probation, you’ll need to plan ahead to ensure that you finish all of your community service hours by the agreed-upon date. Having a lot of community service hours to complete means that you’ll need to have a game plan for getting it done while also working a job. Avoid violating probation simply because of a lack of planning, and get community service checked off your to-do list. 

Committing a New Crime

Of course, it goes without saying that committing a different crime will result in a probation violation. Even if you commit a crime of a different nature than your initial crime that resulted in being placed under probation, it can still have far-reaching consequences. It’s best to make sure that you err on the side of the law while on probation to avoid compounding your punishment for a more extended time period. 

Get Representation

Whether you’ve violated your probation or want to avoid being placed on probation in the first place, you need the help of a criminal defence attorney. Winnipeg criminal law firms are easy to find, but you need the experts at Brodsky Amy & Gould. Reach out to us today to learn more about how we can help you when you find yourself in legal trouble! 

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Having a warrant out for your arrest can be a scary prospect, especially if you’re hoping to avoid going to jail. Warrants are issued when charges are set against you, but the law is unable to find you. You might have failed to appear in court or violated the terms of your probation. No matter what the reason, you need to know how to handle the upcoming situation. 

Here’s what you should do if there’s a warrant out for your arrest: 

Get a Lawyer

If you’re facing a warrant for your arrest, the first thing to do is find representation. You might need an appeals lawyer or a defence lawyer. It depends on why the warrant was issued and what charges you might be facing. Having a good lawyer on your side from the beginning makes it more likely that you will face fewer extreme consequences. 

Don’t Discuss Your Case

Even if you decide to turn yourself in, never discuss your case with anyone other than your legal representative. Lawyers are bound by client-attorney privileges, but police officers are not. You might admit something that would serve to implicate you in a crime. 

It’s best to be cooperative and polite to police officers but decline the opportunity to provide statements without a lawyer present. This doesn’t mean that you need to be completely silent. You should answer basic questions (name, address, contact info). Just decline to answer anything related to your case. 

Turn Yourself In

The easiest thing to do to get your issue resolved is to turn yourself in to the police so that you can set the wheels in motion to have the warrant removed. Keep in mind that they will arrest you on the spot when you do this, so be smart about when you head to the police station to make yourself known. You won’t want to do so on a night or weekend, so try to hold off until a Monday morning if you can. If you turn yourself in on a Friday, you may face spending the night or the weekend in jail. 

If your lawyer can get you released or you post bail, you’ll be given a court date where you must appear to face your charges. Be prepared to pay a fee to get out of jail quickly, though in some circumstances, the authorities will be willing to release you on your reputation alone. An attorney can help you navigate this process. 

Have Questions About Your Warrant? 

For those who think that they may have a warrant out for their arrest, it’s important to seek out legal representation as soon as possible. Brodsky Amy & Gould can provide your go-to appeals lawyer in Winnipeg. We can help you face whatever may come next in your case, and we will make it our personal goal to help you get through it with minimal consequences. 

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False accusations are a serious offence that can yield some serious consequences, and they result in wasted time for police officers and other emergency responders. In turn, this creates a waste of public resources, can obstruct justice, and otherwise lead to mayhem in the lives of innocent parties. If you think that false accusations might be levied against you, here’s what you need to know about this crime:

What Is Public Mischief? 

False accusations fall under a section of the law known as public mischief. According to Section 140 (1) of the Criminal Code, this crime includes any action that aims to mislead an officer of the law to begin or continue an investigation when there are no valid charges to be made. 

Often, this means that someone may have made a false statement about whether an instance really occurred. They might try to put the onus of blame and suspicion on someone else instead of on themselves. Of course, it can also be as blatant as lying about something that someone did in order to cause chaos or consequence for that individual. 

This can start with false 911 calls being made and can end with someone giving a false statement about something that never happened. 

Consequences of False Accusations

If you stand to be charged with false accusations or public mischief, there are some consequences that you should be aware of. Anyone who commits a crime in this area is subject to imprisonment for a term that could last up to five years. 

This is quite a long time to be punished, especially if the major motivator in your false accusations is revenge. Weigh this punishment seriously to see if it’s worth the potential for exacting your revenge on someone else through false accusations. 

The other consequence of public mischief is that you could be found guilty and punished on summary conviction. This means a six-month stint in a provincial jail as a maximum punishment. 

It’s important to note that these may not be the only punishments that you’ll need to endure. Many people who are found guilty of false accusations are also sentenced to pay fines and will remain on probation for an extended period. 

How much can you expect to pay for making false accusations? The bad news is that there is no set amount that you could be forced to pay for making false accusations. It depends on how much restitution the Crown decides to seek for the defendant, but it could be in the thousands.

Get a Criminal Defence Attorney

If you’re facing charges for false accusations, then it’s time for you to seek legal representation to minimize your chances of imprisonment and heavy fines. Brodsky Amy & Gould can help you find the perfect criminal defence lawyer in Winnipeg. We’ll defend you to the best of our ability to make sure you get fair representation when your court case comes around. 

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If you happen to be facing jail time, you might wonder how long you will actually have to serve before you’re released back into society. Jail time depends on the type of crime you’re accused of, and the timeframe during which you must serve it can differ. What do you need to know about how jail time is calculated?

Get a quick crash course in sentencing and serve times with this brief guide: 

Mandatory Minimum Sentences

One of the most hotly debated topics in Canadian law is the mandatory minimum sentences that have been enacted since 1995. Judges are not able to take the crime and situation into account and, therefore, cannot issue shorter sentences based on the individual. Jail time starts with the absolute minimum that they can sentence and can reach ever higher. 

For example, a second-offence DUI has a 30-day jail time in addition to a licence suspension. For continued offences, each one will come with a 120-day jail time. 

Of course, there are other crimes that have much longer mandatory minimums, such as armed robbery with a firearm (4 years), attempted murder (5 to 7 years), and kidnapping (4 to 5 years). 

Drug offences are also one of the categories that have mandatory minimum sentences, though these charges depend on the volume of drugs that you’re in possession of and where you’re located. The minimum mandatory sentences range from 1 year for possession in prison to 3 years for having more than 3 kilograms, being near a school, or near children. 

When you receive jail time for any of the above offences, you must serve it continuously. The only way that judges are able to reduce sentences is by giving you credit for time served before your trial. Depending on how long it takes for you to go to trial, this time can really add up. 

Intermittent Sentence

You may receive an intermittent sentence depending on your age and character. If it was only a minor crime, this is the type of sentence you might expect to receive. 

For those who are convicted of a crime and sentenced to 90 days or less, your sentence can be served intermittently. This means that you don’t have to serve the entire sentence at one time and can instead work it into your schedule when it’s convenient. For example, you may be able to serve your sentence on the weekends and return to your home and work during the week. 

Getting Legal Help

While you may be subject to the minimum sentence for your crime, you want to ensure that you don’t have to serve time above and beyond that number. You need the top lawyer for youth in Winnipeg to help you stand in front of the judge and make your case. Brodsky Amy & Gould are here to help you with an upcoming trial so that you can receive the best results and get back to living your life! 

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If you find yourself facing charges, you might wonder what they mean and how serious they really are. Misdemeanors and felonies are two common charges that you could be facing, and it’s critical to know the distinctions between the two of them. What are the differences in outcomes if you’re charged with a misdemeanor versus a felony? 

Learn more about the difference between these two types of crimes here: 

What Is a Misdemeanor? 

A misdemeanor is a charge that falls somewhere in between infractions and felonies. It isn’t quite as serious as a felony, but that doesn’t mean it isn’t serious. You can still face consequences that will have a major impact on your life. You can face shorter jail terms (typically less than one year) and more minor fines. Most of the time, you’ll face financial restitution and may not have any jail time at all. 

Misdemeanors are often less serious crimes such as shoplifting or possession of certain drugs like marijuana (depending on your location). 

If you’re convicted of a misdemeanor, one of the benefits is that you’ll still retain all of your civil liberties, whereas a felony may strip you of some of those rights. 

What Is a Felony? 

While misdemeanors are serious, they are mild in comparison to felonies. A felony is one of the most serious charges you can face and comes with the harshest consequences. There is very little room for negotiation on charges or plea bargains when you’re up against a felony accusation. Be prepared for the worst if the charges against you fall into this category. 

For the most part, a felony will have a much longer jail or prison sentence than a misdemeanor. You may face anywhere from one year in prison to a lifetime in prison. You may also be moved to a high-security prison to serve your sentence instead of the local jail. 

In addition to more jail time, you could also face much steeper fines and penalties. 

A felony can encompass any number of crimes ranging from murder to armed robbery to rape or sexual assault. It can also include grand theft (both auto and possessions). 

If you’re convicted of a felony, you may have some of your civil liberties taken away, such as the right to bear arms, the right to vote, and the right to serve on a jury in the future. While these may seem small, you can be deprived of them in addition to serving jail time and paying heavy fines. 

Combat Your Charges

No matter whether you’re facing misdemeanor or felony charges, you need an attorney with the experience to represent you well. If you’re looking for a Winnipeg criminal defence lawyer, look no further than Brodsky Amy & Gould. We can help you face your charges and minimize the sentence that goes along with them. Give us a call today to learn more about how we can help you in your latest case! 

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Facing criminal charges can be stressful, but being prepared for what lies ahead of you can certainly help. Unfortunately, many people don’t know what they can expect from their trial and what their experience in the courtroom will be like. Going in blind can be terrifying, so this guide will help you determine what you can anticipate from criminal court. 

Notification of Trial

The first thing you might go through for your criminal trial is the police’s decision to lay a charge and then prosecute. Once it reaches this stage, you will be required to show up for court. People who may already have a criminal record or who are facing extremely serious charges may be held in jail until the hearing. 

You may receive a bail hearing to discuss whether you can be released before this trial date. 

If you have not been apprehended by the local authorities, chances are that you will receive a notice in the mail about an upcoming court hearing. It should contain all the details you need, such as the date, time, and specific location. 

Choosing Your Trial Court

The first court hearing is a preliminary inquiry to find out if there is enough evidence to warrant the Crown taking you to trial. Both sides may call and cross-examine any witnesses or parties to the offence. If the court believes that there’s enough evidence, they will set a trial date. 

For those facing an indictable offence, you may have an option about what type of trial court will hear your case. You can choose a provincial court judge without a jury and without a preliminary inquiry or a Queen’s Bench justice (with or without a jury). 

The Trial

Once you’re in the courtroom, both sides have an opportunity to present their case. The prosecution begins by presenting all of the evidence against you and calling witnesses. The defence is allowed to cross-examine those witnesses before the prosecution has another turn. 

Your defence goes second, presenting its evidence and calling witnesses to the stand. It is identical to the process that prosecution goes through and gives you an opportunity to tell your side of the story. Much like before, the prosecution now has a chance to cross-examine. 

Finally, both sides will summarize their case and why they believe you should or should not be convicted. This leaves the judge or jury with one last impression of both sides of the case. Finally, the judge, along with any jury present, will decide whether to convict or acquit your case. 

Hiring a Great Professional Lawyer

Knowing what to expect from criminal court can help put your mind at ease. If you’re currently facing charges, you need a professional criminal lawyer in Winnipeg to help you navigate this system easily. Brodsky Amy & Gould can help you find the representation you need for an upcoming court date. Give us a call today to see how we can help you!

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Understanding the finer points of the law is crucial if you want to anticipate what will happen next in your court case. However, many people are confused by the basic terminology that refers to their case. What can you expect from a criminal offence versus a civil offence? 

You need to know the difference if you hope to be successful in navigating the court system. Here’s the breakdown of what you can expect from each type of case. 

What Is Criminal Law? 

The first thing you need to know if you’re facing a criminal offence is exactly what it could mean for you. A case might fall under criminal law if you committed a crime against the state, nation, or another person. Not all criminal law cases are ranked the same, however. Some cases are marked as more severe than others, with cases ranging from misdemeanors to felonies. 

The goal of a criminal law proceeding is typically to determine what the punishment should be for committing a specific crime. Consequences will vary depending on the severity of the crime. 

You’ll need criminal defence lawyers in Winnipeg if you’re up against a criminal case. This can make all the difference when it comes to receiving a shorter sentence, smaller fines, or even loss of certain privileges such as a driver’s licence. 

What Is Civil Law? 

Civil law typically refers to cases that are outside the scope of what’s covered by a criminal case. In civil law cases, there are no crimes committed. Instead, these cases tend to focus on anything else, ranging from property disputes to monetary disputes to contract disputes. They will focus more on the rights of an individual instead of the rights of society. 

There is a broad range of cases that can encompass civil law, but the three most common are contract law, property law, and family law. 

The Major Differences

Now that you know what each type of offence can include, let’s look at what differences set them apart. There are times when the two types of cases overlap, but they’re kept separate for the most part. 

The major difference lies in how the cases are prosecuted. Criminal cases are often handled by government officials while civil cases are handled between individuals and their attorneys. The plaintiff will bring the complaint instead of the local government officials. 

There’s also one major difference in how you are found guilty (criminal law) or liable (civil law). Criminal cases must be proven beyond a reasonable doubt, whereas civil law only requires a 51 percent chance that the plaintiff has a valid case. 

Get the Defence You Need

If you require help with your case, you need expert attorneys to help you navigate the courts and plan a solid defence. Brodsky Amy & Gould can help you get the outcome you want with our criminal defence lawyers in the Winnipeg area. Give us a call today to learn more about how we can support you! 

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