Are you facing criminal charges? Do you need representation? Our attorney can defend you. We offer, among others, consultation and representation services for the following:

IMPAIRED DRIVING (DRINKING AND DRIVING)

Accusations of impaired driving usually stem from one of two types of offences: driving while being over the alcohol limit and refusing to take the breathalyser test. They can also be made for allegedly driving under the influence of drugs, either prescribed or otherwise.

In any case, the consequences can be significant. It is therefore essential to evaluate the possibility of obtaining a not guilty verdict, and in the case of a guilty verdict, the sanctions that could be imposed.

While the attorney cannot change the incriminating facts, they can determine if the accusation is indeed well-founded and if the police work that led to the accusation was compliant with the law. If that is the case, the attorney will then evaluate the sentencing possibilities.

ASSAULT

There are many types of accusations of assault. This is because from a legal standpoint, all non-solicited contact, ranging from a simple touch to an armed aggression, can be considered as an assault.

The law therefore classifies many types of assault depending on the act committed and the victim. Usually, the evidence against you is based on testimony. Therefore, it is not always easy to evaluate the quality of the evidence presented, as the content of the complaint and the testimony in court may differ on essential points.

That being said, by discussing the situation with you and considering your version, we can determine the best course of action for you.

CONJUGAL VIOLENCE

Accusations of conjugal violence can vary, as they are more about the context than the accusation itself.

This type of case is more often than not very emotional for the parties involved and can have repercussions on the entire family. A conviction can bring about a criminal record for the accused, along with all the inherent consequences and a sentence that can lead to incarceration.

As is the case with assault charges, evidence in these cases usually consists in testimony. Therefore, after having evaluated your case with you, we will be able to determine the best course of action.

UTTERING THREATS

Sometimes, we say things we don’t mean, but when our words turn to threats, they can bring about a criminal accusation.

In order for such an accusation to lead to a conviction, the threat must be serious enough for the recipient of the threat to interpret it as such or as an attempt to intimidate them.

It is therefore the accuser’s responsibility to prove these two elements, which are essential to the offence. Once again, the evidence will usually consist in testimony, which is why it is necessary to evaluate with you all the accusations in order to make the best decisions.

BREACH OF CONDITIONS

A sentence pronounced following a conviction does not necessarily lead to incarceration. The convicted person can be set free in certain situations in consideration of the payment of a fine and the compliance with certain conditions.

However, failure to satisfy these conditions constitutes a breach. Accusations of breach of conditions are usually harder to have dismissed, as more often than not they have been observed by a representative of the judicial system.

Nonetheless, it is recommended in such cases to verify with an attorney the grounds of the accusations and, if the accusations are indeed founded, to be represented during sentencing.

MALFEASANCE

As is the case for assault, accusations of malfeasance vary. They are essentially a general accusation that usually pertains to an action taken on property that does not belong to you.

Evidence of malfeasance usually consists in testimony or a video. Obviously, the quality of the evidence can vary from one case to another, which is why it is important to understand the incriminating evidence prior to making a well-informed decision.

Accusations are usually made on summary conviction and, therefore, the maximum sentence is of six months of incarceration. In most cases, the sentence given will vary from a fine to a discharge.

THEFT

Accusations of theft vary based on the gravity of the theft itself. Such accusations can range from a minor theft, i.e. committed in a store, up to armed robbery causing injury or death.

In the case of a minor theft, the evidence is usually not challenged by the accused, albeit certain cases of mistaken identity or in the absence of the intent to steal. In more complex cases and while each case is different, it is important to ensure the accuracy of the identification evidence.

The consequences can be significant in cases where a conviction is made. For example, it can be more difficult to secure employment if the employer verifies the judicial record of the applicant and discovers a criminal record. It is therefore recommended to obtain legal advice at the very beginning and to evaluate the need to be represented.

ILLICIT SUBSTANCES

With regard to illicit substances, a distinction must be made between simple possession and possession for the purpose of trafficking. Most cases pertain to simple possession. However, in some cases, the accused is linked to multiple accusations pertaining to other individuals who were trafficking illicit substances.

It is also important to distinguish which type of illicit substance is involved. For example, the possession of heroin can bring about greater consequences than would the possession of another substance.

It is important to adequately evaluate the incriminating evidence of this type of accusation, as many circumstances can affect how the court will perceive the case.

DISCHARGE

For certain offences, it is possible to apply for an absolute or a conditional discharge.

The purpose of the discharge is to avoid a criminal record despite a guilty verdict. Therefore, should someone verify your judicial records, they should not be able to find a guilty verdict.

A discharge is not accessible to all: certain criteria must be satisfied, and the judge must consider it appropriate.

In the case of a conditional discharge, the discharge is granted, but under certain conditions that must be satisfied. Failure to satisfy these conditions can bring about the loss of the benefits of the discharge.

MONTRÉAL

175 Beaubien Street East Suite 201
Montréal (Québec) H2S 1R3
Telephone: 514.303.2532
Fax: 514.907.7522
avocats.montreal@lepalierjuridique.com

QUÉBEC

220 Grande Allée Est Street Suite 190
(access via Avenue Louis-Saint-Laurent)
Québec (Québec) G1R 2J1
Telephone: 418.977.8151
Fax: 418.800.8151
avocats.quebec@lepalierjuridique.com

LAVAL

1705 des Laurentides Boulevard Suite 250
Laval (Québec) H7M 2P5
Telephone: 450.490.4988
Fax: 450.490.4998
avocats.laval@lepalierjuridique.com

LONGUEUIL

1079 de Chambly Road Suite 210
Longueuil (Québec) J4H 3M7
Telephone: 450.396.7737
Fax: 450.396.7837
avocats.longueuil@lepalierjuridique.com