Generated by All in One SEO v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # My WordPress Just another WordPress site ## Sitemaps - [XML Sitemap](https://www.hershberglaw.ca/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Tips for Avoiding a DUI During the Fall and Winter Holidays](https://www.hershberglaw.ca/tips-avoiding-dui-during-holidays/) - Labour Day is a holiday that not only marks the end of summer, but also serves as the start of the fall and winter holiday season. Celebrating the fall and winter holidays with family and friends normally means drinking alcoholic beverages to celebrate. Drinking is perfectly acceptable, so long as you remember to do so - [How Legalizing Marijuana Is Impacting the Black Market](https://www.hershberglaw.ca/legalizing-marijuana-impacting-black-market/) - Back in October when marijuana was officially legalized for recreational use in Canada, the rollout was rather shaky. Legalized resellers did not have sufficient supplies to meet demand. In addition, many marijuana retailers in various provinces were quickly closing up shop because they did not have a reliable supply of legally grown marijuana coming in. - [Domestic Violence Cases: What Is the Difference between Criminal and Family Courts?](https://www.hershberglaw.ca/difference-between-criminal-and-family-courts/) - It is essential to remember domestic violence is viewed as a criminal offence according to the Criminal Code of Canada. However, in certain situations, there are times when domestic violence cases can intersect across both criminal and family courts. How Criminal Courts Address Domestic Violence Criminal courts prosecute those accused of domestic violence as a - [Why Was I Charged with Impaired Driving after Smoking Legalized Marijuana?](https://www.hershberglaw.ca/impaired-driving-after-smoking-legalized-marijuana/) - Even though marijuana is legalized in Ontario, it is still against the law to operate a motorized vehicle or boat while smoking or while under the effects of the drug. Law enforcement agencies throughout Ontario are starting to more heavily enforce impaired driving while under the influence of marijuana. Law enforcement agencies have been reminding - [Your Behaviours Online Could Result in Being Charged with Criminal Harassment](https://www.hershberglaw.ca/your-behaviours-online-charged-with-criminal-harassment/) - In today’s society, with the use of social media, many people do not realize their online behaviours could actually find themselves being charged with the criminal offence called criminal harassment. This type of offence was added to the Criminal Code of Canada in 1993. Initially, it was developed to address the growing awareness of stalking ## Pages - [Home](https://www.hershberglaw.ca/) - DEDICATED CRIMINAL DEFENCE LAWYER Fighting For You Is My Top Priority I have appeared at all levels of trial courts in Ontario, as well as assisted with cases at the Ontario Court of Appeal. I practice exclusively in criminal and quasi-criminal law. - [Contact](https://www.hershberglaw.ca/contact-me/) - [About](https://www.hershberglaw.ca/about-me/) - [Criminal Lawyer Practicing In Brampton](https://www.hershberglaw.ca/brampton-criminal-defence-lawyer/) - DEDICATED CRIMINAL DEFENCE LAWYER Fighting for you is my top priority I have appeared at all levels of trial courts in Ontario, as well as assisted with cases at the Ontario Court of Appeal. 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However, it can significantly improve opportunities for employment, housing, and other aspects of life by removing barriers associated with a criminal record. - [How long does the pardon process take?](https://www.hershberglaw.ca/helpie_faq/how-long-does-the-pardon-process-take/) - The timeline for obtaining a pardon can vary depending on individual circumstances and the complexity of the case. On average, the process takes several months to a year. We strive to expedite the process while ensuring accuracy and thoroughness. - [Who is eligible for a pardon?](https://www.hershberglaw.ca/helpie_faq/who-is-eligible-for-a-pardon/) - Eligibility for a pardon depends on various factors, including the type of conviction, completion of sentence, and behaviour since the conviction. We offer a free eligibility assessment to determine your suitability for a pardon. - [How should I respond if I'm facing regulatory offence charges?](https://www.hershberglaw.ca/helpie_faq/how-should-i-respond-if-im-facing-regulatory-offence-charges/) - If you're facing regulatory offence charges, it's crucial to seek legal advice promptly. Contact our experienced lawyers for a confidential consultation to discuss your case and explore your options. - [How can a criminal defence lawyer help with regulatory offence charges?](https://www.hershberglaw.ca/helpie_faq/how-can-a-criminal-defence-lawyer-help-with-regulatory-offence-charges/) - A criminal defence lawyer can provide legal representation, strategic guidance, and advocacy to navigate regulatory investigations and proceedings effectively, protecting your rights and interests. - [What are the potential penalties for regulatory offences?](https://www.hershberglaw.ca/helpie_faq/what-are-the-potential-penalties-for-regulatory-offences/) - Penalties for regulatory offences vary depending on the nature and severity of the violation, ranging from fines and penalties to license revocation and imprisonment. - [What are regulatory offences?](https://www.hershberglaw.ca/helpie_faq/what-are-regulatory-offences/) - Regulatory offences are breaches of laws and regulations established by governmental or administrative bodies, often resulting in legal consequences. - [Can youth offences impact immigration status for non-citizen youth?](https://www.hershberglaw.ca/helpie_faq/can-youth-offences-impact-immigration-status-for-non-citizen-youth/) - Yes, youth offences can have immigration consequences for non-citizen youth, including potential deportation or inadmissibility to the country. It's essential for non-citizen youth and their families to seek legal advice from an immigration lawyer who understands the intersection of juvenile and immigration law. - [What rights do youth have when facing criminal charges?](https://www.hershberglaw.ca/helpie_faq/what-rights-do-youth-have-when-facing-criminal-charges/) - Youth facing criminal charges have similar rights to adults, including the right to legal representation, the right to remain silent, and the right to a fair trial. Additionally, youth may have specific rights under juvenile justice laws, such as the right to have a parent or guardian present during questioning. - [Can parents or guardians be held liable for their child's offences?](https://www.hershberglaw.ca/helpie_faq/can-parents-or-guardians-be-held-liable-for-their-childs-offences/) - In some cases, parents or guardians may be held legally responsible for the actions of their children, particularly if there is evidence of negligence or failure to fulfill parental duties. This can include financial liability for damages caused by the youth's actions or legal consequences under specific laws addressing parental responsibility. - [Are youth offences handled differently than adult offences?](https://www.hershberglaw.ca/helpie_faq/are-youth-offences-handled-differently-than-adult-offences/) - Yes, the juvenile justice system typically operates differently from the adult criminal justice system. The focus of juvenile justice is often on rehabilitation and treatment rather than punishment, and proceedings may take place in juvenile court with specialized procedures and sentencing options tailored to the needs of young offenders. - [What are diversion programs, and how do they work for youth offences?](https://www.hershberglaw.ca/helpie_faq/what-are-diversion-programs-and-how-do-they-work-for-youth-offences/) - Diversion programs offer an alternative to traditional court proceedings for youth offenders, typically involving community-based interventions, counseling, and restitution rather than formal prosecution. Participation in diversion programs may allow youth to avoid formal charges or have charges dismissed upon successful completion of program requirements. - [Do you offer assistance with filing police reports and court proceedings?](https://www.hershberglaw.ca/helpie_faq/do-you-offer-assistance-with-filing-police-reports-and-court-proceedings/) - Yes, we provide assistance with various legal procedures, including filing police reports, attending court hearings, and understanding your rights as a victim. Our team will guide you through each step of the process and ensure that your voice is heard. - [What types of crimes do you provide support for?](https://www.hershberglaw.ca/helpie_faq/what-types-of-crimes-do-you-provide-support-for/) - We offer support and legal guidance to victims of various crimes, including but not limited to assault, domestic violence, sexual assault, harassment, robbery, identity theft, and hate crimes. - [Are your services confidential?](https://www.hershberglaw.ca/helpie_faq/are-your-services-confidential/) - Yes, confidentiality is a top priority for us. Your privacy is important, and all discussions and interactions with our team are kept strictly confidential. - [Is there a cost for your services?](https://www.hershberglaw.ca/helpie_faq/is-there-a-cost-for-your-services/) - No, our services are provided free of charge to victims of crime. We believe that every victim deserves access to support and legal guidance, regardless of their financial situation. - [How do I access your services?](https://www.hershberglaw.ca/helpie_faq/how-do-i-access-your-services/) - You can reach out to us by phone or email to schedule an appointment with one of our support specialists. We also accept walk-ins during our office hours, although we recommend calling ahead to ensure availability. - [Can you help me apply for victim compensation?](https://www.hershberglaw.ca/helpie_faq/can-you-help-me-apply-for-victim-compensation/) - Absolutely. We can assist you in understanding and applying for victim compensation programs that may provide financial assistance for expenses related to the crime, such as medical bills, counseling, and lost wages. - [What should I look for in a criminal defence lawyer?](https://www.hershberglaw.ca/helpie_faq/what-should-i-look-for-in-a-criminal-defence-lawyer/) - Look for a lawyer with experience handling cases similar to yours, a good track record of success, strong communication skills, and a dedication to your case. It's also essential to find someone you feel comfortable working with and who understands your individual circumstances. - [How much will it cost to hire a criminal defence lawyer?](https://www.hershberglaw.ca/helpie_faq/how-much-will-it-cost-to-hire-a-criminal-defence-lawyer/) - The cost of hiring a criminal defence lawyer can vary depending on factors such as the complexity of the case, the lawyer's experience, and the location. Many lawyers offer free initial consultations to discuss your case and provide fee structures, which may include hourly rates, flat fees, or a combination of both. - [Will my case go to trial?](https://www.hershberglaw.ca/helpie_faq/will-my-case-go-to-trial/) - Whether your case goes to trial depends on various factors, including the strength of the evidence, the prosecution's willingness to negotiate a plea deal, and your preference as the client. A skilled criminal defence lawyer will advise you on the best course of action based on the specifics of your case. - [How do I choose the right criminal lawyer for my case?](https://www.hershberglaw.ca/helpie_faq/how-do-i-choose-the-right-criminal-lawyer-for-my-case/) - When selecting a criminal lawyer, consider factors like experience, reputation, communication skills, and track record of success. Schedule consultations with multiple lawyers to assess their approach and compatibility with your needs. Choose a lawyer who instills confidence and demonstrates a commitment to your defence. - [When should I hire a criminal defence lawyer?](https://www.hershberglaw.ca/helpie_faq/when-should-i-hire-a-criminal-defence-lawyer/) - It's advisable to hire a criminal defence lawyer as soon as you know of any criminal investigation or charges against you. Early involvement of a lawyer can help protect your rights, provide guidance during police questioning, and build a strong defence strategy from the outset. - [What does a criminal defence lawyer do?](https://www.hershberglaw.ca/helpie_faq/what-does-a-criminal-defence-lawyer-do/) - A criminal defence lawyer specializes in defending individuals or entities facing criminal charges. They advocate for their client's rights, provide legal advice, represent them in court proceedings, and work to achieve the best possible outcome for their case. - [What are my rights if I'm arrested?](https://www.hershberglaw.ca/helpie_faq/what-are-my-rights-if-im-arrested/) - If you're arrested, you have the right to remain silent and the right to legal representation. It's essential to exercise these rights and refrain from speaking to law enforcement until you have consulted with a criminal defence lawyer. - [Can a criminal defence lawyer help with expungement or record sealing?](https://www.hershberglaw.ca/helpie_faq/can-a-criminal-defence-lawyer-help-with-expungement-or-record-sealing/) - Yes, many criminal defence lawyers also assist clients with expungement or record sealing, which can help individuals with past criminal records clear their records or limit access to them. This process varies by jurisdiction, so it's essential to consult with a lawyer familiar with the laws in your area. - [What should I do if I'm innocent but accused of a crime?](https://www.hershberglaw.ca/helpie_faq/what-should-i-do-if-im-innocent-but-accused-of-a-crime/) - If you believe you are innocent of the charges against you, it's crucial to assert your innocence while also seeking legal representation immediately. A skilled criminal defence lawyer can investigate the case, gather evidence, and build a strong defence to prove your innocence in court. - [How long will my case take to resolve?](https://www.hershberglaw.ca/helpie_faq/how-long-will-my-case-take-to-resolve/) - The duration of a criminal case can vary widely depending on factors such as the complexity of the charges, the court's schedule, and whether the case goes to trial. Your lawyer can provide an estimate based on the specifics of your case and keep you informed of any developments throughout the process. - [Will hiring a criminal defence lawyer guarantee a positive outcome?](https://www.hershberglaw.ca/helpie_faq/will-hiring-a-criminal-defence-lawyer-guarantee-a-positive-outcome/) - While no lawyer can guarantee a specific outcome in a criminal case, having skilled legal representation can significantly improve your chances of achieving a favorable result. A good defence lawyer will work diligently to protect your rights, advocate on your behalf, and pursue the best possible outcome, given the circumstances of your case. - [What if I can't afford a criminal defence lawyer?](https://www.hershberglaw.ca/helpie_faq/what-if-i-cant-afford-a-criminal-defence-lawyer/) - If you can't afford a criminal defence lawyer, you may be eligible for legal aid or other forms of assistance. In Toronto, Legal Aid Ontario provides legal services to individuals who meet financial eligibility criteria. You can apply for legal aid to have a lawyer appointed to your case at little or no cost to - [What should I expect during the criminal justice process in Toronto?](https://www.hershberglaw.ca/helpie_faq/what-should-i-expect-during-the-criminal-justice-process-in-toronto/) - During the criminal justice process in Toronto, expect steps such as arrest, bail hearing, disclosure of evidence, pre-trial conferences, and potential trial. Your defence lawyer will guide you through each stage, advocating for your rights, explaining proceedings, and working towards the best possible outcome for your case. - [How can I schedule a consultation with Jeff Hershberg for legal assistance with offences against the administration of justice?](https://www.hershberglaw.ca/helpie_faq/how-can-i-schedule-a-consultation-with-jeff-hershberg-for-legal-assistance-with-offences-against-the-administration-of-justice/) - To schedule a confidential consultation with Jeff Hershberg, please contact our office by phone or email. During the consultation, you will have the opportunity to discuss your case with a knowledgeable legal professional who can provide personalized advice and guidance based on your specific situation. - [How can a criminal defence lawyer help with offences against the administration of justice?](https://www.hershberglaw.ca/helpie_faq/how-can-a-criminal-defence-lawyer-help-with-offences-against-the-administration-of-justice/) - A criminal defence lawyer can provide invaluable assistance in defending against charges related to offences against the administration of justice. They can investigate the circumstances of the case, challenge evidence presented by the prosecution, negotiate with prosecutors to seek reduced charges or penalties and represent you in court proceedings. Their goal is to achieve the - [What should I do if I face charges related to offences against the administration of justice?](https://www.hershberglaw.ca/helpie_faq/what-should-i-do-if-i-face-charges-related-to-offences-against-the-administration-of-justice/) - If you are facing charges related to offences against the administration of justice, it is crucial to seek legal representation as soon as possible. A skilled criminal defence lawyer can assess your case, explain your rights, and provide guidance on the best course of action to take. It's essential to cooperate with your lawyer and - [What are some examples of offences against the administration of justice?](https://www.hershberglaw.ca/helpie_faq/what-are-some-examples-of-offences-against-the-administration-of-justice/) - Offences against the administration of justice include obstruction of justice, contempt of court, perjury, breach of recognizance or bail conditions, and witness tampering. These offences involve actions that obstruct or undermine the proper functioning of the legal system. - [What are the potential consequences of being charged with offences against the administration of justice?](https://www.hershberglaw.ca/helpie_faq/what-are-the-potential-consequences-of-being-charged-with-offences-against-the-administration-of-justice/) - The consequences of being charged with offences against the administration of justice can vary depending on the specific circumstances of the case and the severity of the offence. However, they can include fines, probation, imprisonment, and other penalties. Additionally, being convicted of such offences can have long-term consequences, including damage to one's reputation and future - [Arrested for DUI or Impairment?](https://www.hershberglaw.ca/helpie_faq/arrested-for-dui-or-impairment/) - If you or someone you know has been arrested for DUI or impairment, it's crucial to seek legal representation from an experienced criminal defence lawyer as soon as possible. A skilled lawyer can protect your rights, explain your legal options, and work to build a strong defence strategy tailored to your case. Don't hesitate to - [Can I be charged with a DUI even if I wasn’t driving or the vehicle wasn’t moving (care or control)?](https://www.hershberglaw.ca/helpie_faq/can-i-be-charged-with-a-dui-even-if-i-wasnt-driving-or-the-vehicle-wasnt-moving-care-or-control-2/) - Yes, in Canada, you can be charged with a DUI (Driving Under the Influence) even if you weren't driving or the vehicle wasn't moving. The concept of "care or control" means that if you are found in a position where you have the potential to operate the vehicle while impaired, such as being in the - [What are the best defences to blowing over 80 charges in Toronto?](https://www.hershberglaw.ca/helpie_faq/what-are-the-best-defences-to-blowing-over-80-charges-in-toronto-2/) - The best defences to blowing over 80 charges in Toronto depend on the specific circumstances of each case. Some common defences may include challenging the accuracy of the breathalyzer test results, questioning the legality of the traffic stop or arrest, or presenting evidence of medical conditions or other factors that may have influenced the test - [How do I get myself or a loved one out on bail for impaired driving charges in Toronto?](https://www.hershberglaw.ca/helpie_faq/how-do-i-get-myself-or-a-loved-one-out-on-bail-for-impaired-driving-charges-in-toronto-2/) - Getting yourself or a loved one out on bail for impaired driving charges in Toronto typically involves contacting a reputable criminal defence lawyer specializing in impaired driving cases. They will guide you through the bail hearing process, present compelling arguments for bail, and work to secure the release of the accused pending trial. - [What is an Immediate Roadside Sanction?](https://www.hershberglaw.ca/helpie_faq/what-is-an-immediate-roadside-sanction-2/) - An Immediate Roadside Sanction (IRS) is a penalty for impaired driving offences introduced to deter individuals from driving under the influence of alcohol or drugs. It involves immediate consequences such as license suspension, vehicle impoundment, and fines based on the level of impairment detected by roadside screening devices. - [What are the different degrees of murder?](https://www.hershberglaw.ca/helpie_faq/what-is-lorem-ipsum-2/) - Degrees of murder vary by jurisdiction but generally include first-degree murder (premeditated and deliberate), second-degree murder (intentional but not premeditated), and sometimes third-degree murder (killing without intent, such as in cases of felony murder). - [What factors determine whether a killing is considered self-defence?](https://www.hershberglaw.ca/helpie_faq/what-is-lorem-ipsum-3/) - Self-defence laws vary, but generally, the force used must be reasonable and proportionate to the threat faced. The defender must reasonably believe that force is necessary to prevent imminent harm or death. - [What constitutes homicide under the law?](https://www.hershberglaw.ca/helpie_faq/what-is-lorem-ipsum/) - Homicide refers to the unlawful killing of another person. It can be classified as either murder (intentional killing) or manslaughter (unintentional killing). - [What are the potential penalties for homicide convictions?](https://www.hershberglaw.ca/helpie_faq/what-defences-are-available-for-homicide-charges-2/) - Penalties vary depending on the circumstances and jurisdiction but may include imprisonment, life sentences, or even the death penalty in some jurisdictions. - [What defences are available for homicide charges?](https://www.hershberglaw.ca/helpie_faq/what-defences-are-available-for-homicide-charges/) - Defences may include self-defence, defence of others, insanity, involuntary intoxication, alibi, mistaken identity, or lack of intent. - [How can I avoid being a victim of property offences?](https://www.hershberglaw.ca/helpie_faq/how-can-i-avoid-being-a-victim-of-property-offences/) - To reduce the risk of being a victim of property offences, it's essential to take proactive measures such as securing your property, installing security systems, and being vigilant of your surroundings. Additionally, promptly reporting any suspicious activity to law enforcement can help prevent crimes from occurring. - [What defences are available for property offences?](https://www.hershberglaw.ca/helpie_faq/what-defences-are-available-for-property-offences/) - Defences for property offences can vary depending on the circumstances of the case. Common defences may include mistaken identity, lack of intent, consent from the property owner, and insufficient evidence. - [Can I be charged with a property offence if I didn't intend to commit a crime?](https://www.hershberglaw.ca/helpie_faq/what-is-lorem-ipsum-5/) - In some cases, you can be charged with a property offence even if you didn't intend to commit a crime. For example, if you accidentally damage someone else's property, you may still be held liable for the damages. - [What are the potential consequences of a property offence conviction?](https://www.hershberglaw.ca/helpie_faq/what-is-lorem-ipsum-4/) - The consequences of a property offence conviction can vary depending on the severity of the crime and your criminal history. They may include fines, probation, community service, restitution to the victim, and even imprisonment. - [What kind of sentence will I receive if I am convicted of a weapon offence?](https://www.hershberglaw.ca/helpie_faq/what-kind-of-sentence-will-i-receive-if-i-am-convicted-of-a-weapon-offence/) - The type of sentence a person can receive for a weapon offence depends on a myriad of factors. Some weapon offences can carry a maximum penalty of life in prison. Others carry minimum sentences (which means that if the offence has a minimum sentence of one year, a judge must sentence an individual to at - [I was arrested in possession of a weapon. Isn’t that a “slam-dunk” case for the Crown?](https://www.hershberglaw.ca/helpie_faq/i-was-arrested-in-possession-of-a-weapon-isnt-that-a-slam-dunk-case-for-the-crown/) - While it is understandable that it would appear to be a very strong case against you, there are possible defences that need to be considered. More often than not these days, the police are obtaining evidence by violating the Canadian Charter Rights of individuals. Every citizen has the right not to be stopped and detained - [I have been charged with possession of a firearm but I did not touch it. I was simply in my friend’s car when they searched it and found it under a seat. Why have they charged me?](https://www.hershberglaw.ca/helpie_faq/i-have-been-charged-with-possession-of-a-firearm-but-i-did-not-touch-it-i-was-simply-in-my-friends-car-when-they-searched-it-and-found-it-under-a-seat-why-have-they-charged-me/) - To prove an individual guilty of possession of a weapon, Crown must prove that the item seized was in fact a weapon. In the case of firearms, it must be a barrelled weapon from which any shot, bullet or other projectile can be discharged and that is capable of causing serious bodily injury or death - [What can be considered a weapon?](https://www.hershberglaw.ca/helpie_faq/what-can-be-considered-a-weapon/) - There are many different types of weapon offences that a person can be charged with. Depending on the weapon an individual is charged with possessing, the circumstances surrounding why he or she possessed it, and in what manner it was being used, the potential consequences will vary. Essentially, ANY item can be used as a - [If I have a knife from my kitchen with me when I walk down the street, can I be charged with possessing a weapon?](https://www.hershberglaw.ca/helpie_faq/if-i-have-a-knife-from-my-kitchen-with-me-when-i-walk-down-the-street-can-i-be-charged-with-possessing-a-weapon/) - Unfortunately, it is probable that you would be charged by the police for possession of a weapon. If you were not using it in a threatening/intimidating way, then you should be acquitted after a trial. - [Can I avoid a trial?](https://www.hershberglaw.ca/helpie_faq/can-i-avoid-a-trial/) - Depending on your personal circumstances, your criminal record, whether you were working at the store that you are alleged to have stolen from, and the value of what was stolen, people charged with theft under may be eligible to have the charge diverted. Generally, to have a charge diverted, the person charged will have to - [The Crown already said I was not eligible for diversion. What now?](https://www.hershberglaw.ca/helpie_faq/the-crown-already-said-i-was-not-eligible-for-diversion-what-now/) - Diversion may still be possible. This is why it is important for you to have legal representation. Through mandatory Crown pre-trials, a lawyer may be able to persuade the Crown to change its mind and offer you diversion. If diversion is still not possible, a trial may be in your best interests. While you may - [I’ve been charged with theft under $5000. Am I going to jail?](https://www.hershberglaw.ca/helpie_faq/ive-been-charged-with-theft-under-5000-am-i-going-to-jail/) - Oftentimes, people charged with Theft Under are being accused of trying to steal a relatively small item worth under $100 (for example, a shirt from Winners or a bottle of alcohol from the LCBO). While it may seem relatively minor, it could result in a criminal record if you are found guilty. The facts and - [I’ve been charged with Theft Over $5000. Is diversion possible?](https://www.hershberglaw.ca/helpie_faq/ive-been-charged-with-theft-over-5000-is-diversion-possible/) - You are not likely to be offered diversion. Occasionally, your lawyer can make an arrangement with the Crown that if the item is returned, or the monetary value of the item stolen is re-paid, diversion might be possible. On occasion, people who allege that something was stolen will inflate the value for insurance purposes (or - [My charge was diverted. My fingerprints were taken by the police. Can I get these back?](https://www.hershberglaw.ca/helpie_faq/my-charge-was-diverted-my-fingerprints-were-taken-by-the-police-can-i-get-these-back/) - 6 months after a charge is stayed or withdrawn, a request can be made to the police force to destroy your fingerprints. This process can also be done through your lawyer. Upon request, the police force will let you know whether they will consent to destroying your fingerprints. If they do not, there are other - [I didn’t take the item out of the store. How can I be charged with theft?](https://www.hershberglaw.ca/helpie_faq/i-didnt-take-the-item-out-of-the-store-how-can-i-be-charged-with-theft/) - The Crown must establish that when the item was taken by you, it was done with the intention to deprive the owner of it (either temporarily or permanently) and that it was done deliberately when you had no legal right to take it for yourself. A theft may be defended by raising a reasonable doubt - [What if the threat was told to the alleged victim through someone else. Is that still a threat?](https://www.hershberglaw.ca/helpie_faq/what-if-the-threat-was-told-to-the-alleged-victim-through-someone-else-is-that-still-a-threat/) - Yes. A threat can be made through a third party. It does not matter if you never intended for the person you were threatening to hear the threat. In some cases, you may still be charged if the intended victim never even knows about the threat. All that is necessary are the words being said - [What if I just called her but didn’t say anything that could cause her to fear for her safety?](https://www.hershberglaw.ca/helpie_faq/what-if-i-just-called-her-but-didnt-say-anything-that-could-cause-her-to-fear-for-her-safety/) - Safety can also include freedom from actual or anticipated psychological harm. The state of mind of the person alleging harassment is a relevant factor. If it is determined that the he or she did have what he or she considered to be a reasonable fear, the next step for a judge to take is to - [I’ve been charged with Criminal Harassment but all I did was call my ex-girlfriend a few times. How is that harassment?](https://www.hershberglaw.ca/helpie_faq/ive-been-charged-with-criminal-harassment-but-all-i-did-was-call-my-ex-girlfriend-a-few-times-how-is-that-harassment/) - If, without the other person wanting it, someone repeatedly communicates with a person (by phone, in person, email, online, etc…) or someone known to them, that can be considered criminal harassment. Following someone from one place to another can also be considered harassment. Watching the house where that person lives, or his/her work can be - [What does it mean when I am charged with Uttering a Threat?](https://www.hershberglaw.ca/helpie_faq/what-does-it-mean-when-i-am-charged-with-uttering-a-threat/) - If someone makes a threat in any manner (in person, on the phone, via email, facebook, MSN Messenger, through someone else, etc…), provided that it was knowingly made and that it was a threat to cause death or serious bodily harm to a person, he or she can be charged with Uttering a Threat. What - [What happens at a bail hearing?](https://www.hershberglaw.ca/helpie_faq/what-happens-at-a-bail-hearing-2/) - The Crown Attorney will read in the allegations surrounding why the individual was charged. Oftentimes, the Court will then hear evidence from the potential surety (or sureties). The Crown will have an opportunity to ask the potential surety questions. The lawyer will then make submissions as to why the individual should be released from custody. - [What happens when someone is held for a bail hearing?](https://www.hershberglaw.ca/helpie_faq/what-happens-when-someone-is-held-for-a-bail-hearing/) - For many criminal offences, the police have the option of releasing a person charged with a criminal offence on a promise to appear in court without requiring a bail hearing. If the police have concerns about a person’s identity or a belief that the person will commit another criminal offence if released they may choose - [How can I get bail when I am charged with a crime?](https://www.hershberglaw.ca/helpie_faq/how-can-i-get-bail-when-i-am-charged-with-a-crime/) - You will likely need the help of your family and/or friends to attend court to act as a surety on your behalf. On some occasions, when the charges are less serious, bail can be arranged without the need for a surety. - [What is a surety and what does that person have to do?](https://www.hershberglaw.ca/helpie_faq/what-is-a-surety-and-what-does-that-person-have-to-do/) - A surety is a person who agrees to take responsibility for a person accused of a crime. A surety must be sure they can supervise the individual charged while he/she is in the community. If the person fails to obey any of the terms placed on him/her by the court, you could lose any of - [Can I withdraw from being a surety?](https://www.hershberglaw.ca/helpie_faq/can-i-withdraw-from-being-a-surety/) - At any time you might decide that you no longer wish to supervise the accused individual. You can then either go to court with the accused individual and ask that you be relieved as a surety or apply in writing to be removed as surety. person. If the accused individual is not following his/her bail - [Does the accused individual or the surety have to deposit any money with the court?](https://www.hershberglaw.ca/helpie_faq/does-the-accused-individual-or-the-surety-have-to-deposit-any-money-with-the-court/) - Occasionally, an accused is required to deposit a sum of money with the court to secure his/her release. On other occasions, a surety may be required to deposit money with the court to secure the release of an accused individual. Deposits are often required when the accused individual is not a citizen of Canada or - [Will I, as a surety, have to testify in court?](https://www.hershberglaw.ca/helpie_faq/will-i-as-a-surety-have-to-testify-in-court/) - If you want to act as a surety for an accused individual, you may be called on to testify at the bail hearing. Testifying can be a very nerve-wracking process. The job of the defence lawyer is to meet with you prior to the bail hearing to prepare you to testify in court. The defence - [If my friend already had his bail hearing and was denied, is there any way to get him released on bail?](https://www.hershberglaw.ca/helpie_faq/if-my-friend-already-had-his-bail-hearing-and-was-denied-is-there-any-way-to-get-him-released-on-bail/) - If your friend was detained after a bail hearing was conducted, an application can be brought to the Superior Court of Justice (called a Bail Review) seeking to have the detention order reviewed by a Judge. For this to happen, the Justice of the Peace will have had to have made an error in law - [How long does it take to bring a Bail Review?](https://www.hershberglaw.ca/helpie_faq/how-long-does-it-take-to-bring-a-bail-review/) - To file a bail review, there are several documents that are required to be filed with the court (such as the charging document, transcript of the bail hearing, and statements made under oath (called affidavits) of the Applicant and possibly the surety). All of these documents are almost always required. Once all these items are - [I was granted bail but I want to vary some of the conditions I am required to follow. How do I go about doing this?](https://www.hershberglaw.ca/helpie_faq/i-was-granted-bail-but-i-want-to-vary-some-of-the-conditions-i-am-required-to-follow-how-do-i-go-about-doing-this/) - Generally, your lawyer can discuss these changes (called a bail variation) with the Crown Attorney. If the Crown Attorney agrees with the change, this can be done in the Ontario Court of Justice. If the Crown Attorney does not agree to change the term(s) of your bail, you will be required to bring an application - [What is an assault?](https://www.hershberglaw.ca/helpie_faq/what-is-an-assault/) - There are many different ways in which an assault can occur. The slightest intentional application of force without the consent of the other person is an assault. An assault can also occur when a person attempts to assault another or threatens to do so without the consent of the other person. The actual definition can - [I’ve been accused of sexual assault by someone I am in a relationship with. Does it matter that we have had sex before?](https://www.hershberglaw.ca/helpie_faq/ive-been-accused-of-sexual-assault-by-someone-i-am-in-a-relationship-with-does-it-matter-that-we-have-had-sex-before/) - A person who consented to sex can withdraw that consent at any time. Prior consent does not mean she consented every time. Defence counsel are not freely permitted to question a person alleging sexual assault about their past sexual history. An application must be made in court before questions can be posed about her prior - [The Crown said I committed a Domestic Assault. What is that?](https://www.hershberglaw.ca/helpie_faq/the-crown-said-i-committed-a-domestic-assault-what-is-that/) - The criminal justice system has changed in its approach to domestic assaults. A domestic assault is an assault that takes place between two people who are either currently or formerly dating, in a common law or married relationship, children, parents, or relatives. The Crown Attorney’s practice memo (PM [2002] No. 4) states that in domestic - [Why are there so many different types of assault charges such as assault causing bodily harm, assault with a weapon, and aggravated assault?](https://www.hershberglaw.ca/helpie_faq/why-are-there-so-many-different-types-of-assault-charges-such-as-assault-causing-bodily-harm-assault-with-a-weapon-and-aggravated-assault/) - Assault Causing Bodily Harm Bodily harm is an assault that causes a bodily injury that is not trifling in nature but it does interfere in some way with the injured party’s health or comfort. The Crown must prove that the accused individual objectively foresaw the bodily harm or other consequences of the assault. Potential Penalty: - [What distinguishes an assault from a sexual assault?](https://www.hershberglaw.ca/helpie_faq/what-distinguishes-an-assault-from-a-sexual-assault/) - The court will look at what part of the body is being touched when determining if an assault was sexual in nature. Also important is the situation in which the specific body part is being touched, the nature of the contact, any words said during the contact, and any other circumstances. - [How do you define “Consent” and does it only apply to sexual assault cases?](https://www.hershberglaw.ca/helpie_faq/how-do-you-define-consent-and-does-it-only-apply-to-sexual-assault-cases/) - Consent is defined as the voluntary agreement of the parties to have engaged in the sexual activity. It does not only apply to sexual assaults. A person who strikes another, thus normally committing an assault, can be found not guilty of the assault if the person who is assaulted consented to the fight. This can - [Can a “tap” or “push” be considered an assault?](https://www.hershberglaw.ca/helpie_faq/can-a-tap-or-push-be-considered-an-assault-2/) - An injury need not occur for an assault to be committed. The force used must be offensive in nature with an intention to apply force. Therefore, in certain circumstances, a “tap”, “pinch”, “push”, or other minor physical action can be considered an assault. An accidental application of force is NOT an assault. - [Can a “tap” or “push” be considered an assault?](https://www.hershberglaw.ca/helpie_faq/can-a-tap-or-push-be-considered-an-assault/) - An injury need not occur for an assault to be committed. The force used must be offensive in nature with an intention to apply force. Therefore, in certain circumstances, a “tap”, “pinch”, “push”, or other minor physical action can be considered an assault. An accidental application of force is NOT an assault. - [How can I get bail when I am charged with a crime?](https://www.hershberglaw.ca/helpie_faq/how-can-i-get-bail-when-i-am-charged-with-a-crime-2/) - You will likely need the help of your family and/or friends to attend court to act as a surety on your behalf. On some occasions, when the charges are less serious, bail can be arranged without the need for a surety. - [What happens at a bail hearing?](https://www.hershberglaw.ca/helpie_faq/what-happens-at-a-bail-hearing/) - The Crown Attorney will read in the allegations surrounding why the individual was charged. Oftentimes, the Court will then hear evidence from the potential surety (or sureties). The Crown will have an opportunity to ask the potential surety questions. The lawyer will then make submissions as to why the individual should be released from custody. - [What kind of sentence will I receive if I am convicted of a weapon offence?](https://www.hershberglaw.ca/helpie_faq/what-kind-of-sentence-will-i-receive-if-i-am-convicted-of-a-weapon-offence-2/) - The type of sentence a person can receive for a weapon offence depends on a myriad of factors. Some weapon offences can carry a maximum penalty of life in prison. Others carry minimum sentences (which means that if the offence has a minimum sentence of one year, a judge must sentence an individual to at - [What is Identity Theft?](https://www.hershberglaw.ca/helpie_faq/what-is-identity-theft/) - Using someone’s personal information to steal their identity for personal gain. - [What is Uttering and Publishing Forged Documents?](https://www.hershberglaw.ca/helpie_faq/what-is-uttering-and-publishing-forged-documents/) - Creating and publishing forged documents, such as selling replicas of original works of art and claiming they are the originals. - [What is Forging Documents?](https://www.hershberglaw.ca/helpie_faq/what-is-forging-documents/) - Signing someone else’s signature to documents without their permission, like writing a cheque from their bank account and signing their name on the cheque. - [What is Credit Card Fraud?](https://www.hershberglaw.ca/helpie_faq/what-is-credit-card-fraud/) - This criminal offence is using another’s credit card without their knowledge or permission. It is closely related to forgery and could involve identity theft. - [What is Breach of Trust?](https://www.hershberglaw.ca/helpie_faq/what-is-breach-of-trust/) - Taking the property, assets, money, or other items of value held for another person and using them for your own personal gain or benefit. - [Penalties for Fraud Offences](https://www.hershberglaw.ca/helpie_faq/penalties-for-fraud-offences/) - The guidelines used by the court for establishing penalties is directly related to the monetary value associated with the offence. Those offences valued at $5,000 or more carry stricter penalties than crimes valued less than $5,000. Further, the courts consider charges against first time offenders and repeat offenders differently when it comes to sentencing those - [What is Bail Pending Appeal?](https://www.hershberglaw.ca/helpie_faq/what-is-bail-pending-appeal/) - In some cases, an appeal court will order bail pending appeal for an accused person who was sentenced to jail. The court can also restore the driver’s license pending appeal for an accused person who has been prohibited from driving. To get bail pending appeal, your lawyer will have to bring a motion to the - [What is the Appeal Process?](https://www.hershberglaw.ca/helpie_faq/what-is-the-appeal-process/) - The first step in an appeal is to order the transcripts of the trial under appeal. A court reporter records every word spoken in trial courts, and in order to appeal a conviction or sentence a written transcript of what happened will be needed. For a conviction appeal, a transcript of the whole trial is - [What kind of sentence will I receive if I am convicted of a drug offence?](https://www.hershberglaw.ca/helpie_faq/what-kind-of-sentence-will-i-receive-if-i-am-convicted-of-a-drug-offence/) - The type of sentence a person can receive for a drug offence depends on a myriad of factors. Some drug offences can carry a maximum penalty of life in prison. Some of the factors considered include, but are not limited to: i) the type of drug (for example, marijuana offences are generally lighter sentences than - [Are there any other defences to cases involving drugs?](https://www.hershberglaw.ca/helpie_faq/are-there-any-other-defences-to-cases-involving-drugs/) - Yes. More often than not these days, the police are obtaining evidence by violating the Canadian Charter Rights of individuals. Every citizen has the right not to be stopped and detained by the police nor searched by them without reasonable and probable grounds to believe a criminal offence has been committed or is about to - [Possession for the Purpose of Trafficking and Trafficking offences?](https://www.hershberglaw.ca/helpie_faq/possession-for-the-purpose-of-trafficking-and-trafficking-offences/) - To prove possession, the Crown must prove that the item seized was in fact an illegal drug as defined by the Controlled Drugs and Substances Act. To do this they will have the item tested in a lab by Health Canada. The Crown must also prove that the individual charged had control of the item seized ## Practice Areas - [Theft / Shoplifting](https://www.hershberglaw.ca/practice-areas-post/theft-shoplifting/) - Oftentimes, people charged with Theft Under are being accused of trying to steal a relatively small item worth under $100 (for example, a shirt from Winners or a bottle of alcohol from the LCBO) , people charged with Theft Under are being accused of trying to steal a relatively small item worth under $100 (for example, a shirt from Winners or a bottle of alcohol from the LCBO) - [Assault Lawyer](https://www.hershberglaw.ca/practice-areas-post/assault-lawyer/) - There are many different ways in which an assault can occur. The slightest intentional application of force without the consent of the other person is an assault - [Fraud Offences](https://www.hershberglaw.ca/practice-areas-post/fraud-offence/) - The criminal offence of fraud covers a wide range of crimes and variations thereof, like identity theft, uttering and publishing forged documents, forging documents, breach - [Drug Offences](https://www.hershberglaw.ca/practice-areas-post/drug-offence/) - There are many different drug offences an individual can be charged with. Depending on the type of drug, the amount seized, and why the individual possessed it, will affect the - [Bail Hearing](https://www.hershberglaw.ca/practice-areas-post/bail-hearing/) - For many criminal offences, the police have the option of releasing a person charged with a criminal offence on a promise to appear in court without requiring a bail hearing - [Harassment & Threat](https://www.hershberglaw.ca/practice-areas-post/harassment-threat/) - If, without the other person wanting it, someone repeatedly communicates with a person (by phone, in person, email, online, etc…) or someone known to them - [Homicide & Murder](https://www.hershberglaw.ca/practice-areas-post/homicide-murder/) - Homicide is the taking of another person’s life, either intentionally or unintentionally. It is one of the most serious criminal offences you can be charged with by the Crown - [Impairment](https://www.hershberglaw.ca/practice-areas-post/impairment/) - Impairment falls under the category of drinking and driving offences as defined in the Criminal Code of Canada and the Ontario Highway Traffic Act. The criminal offence of impairment - [Offences Against The Administration Of Justice](https://www.hershberglaw.ca/practice-areas-post/offences-against-the-administration-of-justice/) - Sample text is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer. - [Property Offences](https://www.hershberglaw.ca/practice-areas-post/property-offences/) - Property offences include various crimes, as defined by the Criminal Code of Canada, such as robbery, possession of burglar tools, motor vehicle theft, breaking and entering - [Weapon Offences](https://www.hershberglaw.ca/practice-areas-post/weapon-offences/) - There are many different types of weapon offences that a person can be charged with. Depending on the weapon an individual is charged with possessing, the circumstances - [Youth Offences](https://www.hershberglaw.ca/practice-areas-post/youth-offences/) - Sample text is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer - [Regulatory Offences](https://www.hershberglaw.ca/practice-areas-post/regulatory-offences/) - Sample text is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer... - [Pardons](https://www.hershberglaw.ca/practice-areas-post/pardons/) - Sample text is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer - [Appeals](https://www.hershberglaw.ca/practice-areas-post/appeals/) - Sample text is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer Sample text is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer - [Victim Support And Legal Advice](https://www.hershberglaw.ca/practice-areas-post/victim-support-and-legal-advice/) - Sample text is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer Sample text is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer ## Categories - [Blog](https://www.hershberglaw.ca/category/blog/) - [DUI & Impaired Driving](https://www.hershberglaw.ca/category/dui-impaired-driving/) - [Drug Offence](https://www.hershberglaw.ca/category/drug-offence/) - [Legalized Marijuana](https://www.hershberglaw.ca/category/legalized-marijuana/) - [Criminal Harassment](https://www.hershberglaw.ca/category/criminal-harassment/) ## FAQ Categories - [Uncategorized FAQ](https://www.hershberglaw.ca/helpie_faq_category/uncategorized-faq/) ## FAQ Groups - [Faq Page](https://www.hershberglaw.ca/helpie_faq_group/faq-page/) - [Assault](https://www.hershberglaw.ca/helpie_faq_group/assault/) - [Drug Offence](https://www.hershberglaw.ca/helpie_faq_group/drug-offence/) - [Bail Hearing](https://www.hershberglaw.ca/helpie_faq_group/bail-hearing/) - [Homicide](https://www.hershberglaw.ca/helpie_faq_group/homicide/) - [Harassment](https://www.hershberglaw.ca/helpie_faq_group/harassment/) - [Fraud offence](https://www.hershberglaw.ca/helpie_faq_group/fraud-offence/) - [Dui & Impaired](https://www.hershberglaw.ca/helpie_faq_group/dui-impaired/) - [Property Offence](https://www.hershberglaw.ca/helpie_faq_group/property-offence/) - [Theft & Shoplifting](https://www.hershberglaw.ca/helpie_faq_group/theft-shoplifting/) - [Weapon Offence](https://www.hershberglaw.ca/helpie_faq_group/weapon-offence/) - [Appeals](https://www.hershberglaw.ca/helpie_faq_group/appeals/) - [Home page FAQ](https://www.hershberglaw.ca/helpie_faq_group/home-page-faq/) - [Offences Against The Administration Of Justice](https://www.hershberglaw.ca/helpie_faq_group/offences-against-the-administration-of-justice/) - [Victim Support & Legal Advice](https://www.hershberglaw.ca/helpie_faq_group/victim-support-legal-advice/) - [Youth Offences](https://www.hershberglaw.ca/helpie_faq_group/youth-offences/) - [Regulatory Offences](https://www.hershberglaw.ca/helpie_faq_group/regulatory-offences/) - [Pardons](https://www.hershberglaw.ca/helpie_faq_group/pardons/)