Agnihotri | Anwar LLP is predicated on the philosophy of standing up to bullies; a philosophy that we hold near and dear to our hearts and allows us to walk into the courtroom unapologetic, determined and passionate about our clients cause.
What many people do not realize is that a criminal charge can happen to anyone. Those who end up being criminally charged are not necessarily ‘bad’ people. Many people charged with an offence are charged after having made an honest mistake. Some were just going through a rough patch in life and made some wrong decisions along the way. Others are just straight up wrongfully accused. The point being that no one is immune from involvement in the criminal justice system, and that if it happens to touch your life in some way, it is not a reflection of your character.
As Criminal Defence lawyers, we have seen how easy it can be to curtail the rights, liberties and freedom of a person once he/she has been accused with committing a crime. Involvement in the Criminal Justice System can have severe and long lasting implications for a person and how his/her life is going to unfold. For this reason, it is of the utmost importance that once accused of a crime, you immediately seek representation by a lawyer who is not only skilled and knowledgeable, but who believes in your fight.
At Agnihotri | Anwar LLP, we believe strongly in the presumption of innocence, and work day and night, doing everything in our power, to ensure that presumption of innocence is protected. You deserve a strong defence.
Let us help you in making sure your side of the story is heard.
WE PROVIDE ADVICE AND REPRESENTATION ON A WIDE ARRAY OF CRIMINAL & QUASI-CRIMINAL LAW ISSUES, INCLUDING:
- Initial meeting with your lawyer - What to expect
- I have been charged with a criminal offence: What happens next? An Overview of the Criminal Court Process
- Bail Hearings
- Know your rights: The Canadian Charter of Rights & Freedoms
- What do prosecutors have to prove in a Conspiracy, Price-Fixing, Cartel case?
- Violations of the Competition Act: Criminal or Civil Jurisdiction?
- Domestic Assault FAQ
- Mandatory Minimums, Politics & Our Charter Rights: The Tangled Web We Live In
The Criminal Code of Canada (Criminal Code) defines criminal offences and court procedures with respect to criminal law, including bail hearing procedures and trials, as well as guidelines and principles surrounding sentencing. At Agnihotri | Anwar LLP, our lawyers have extensive legal experience representing clients facing charges under the Criminal Code before various levels of court. We represent clients facing all kinds of charges, including:
- Tax Evasion
- Custom Tax Offences
- Competition Act Offences
- Criminal Conversion of another's assets
- Money Laundering
- Unauthorized Use of Credit Card Data
- Theft Under $5000
- Theft Over $5000
- Possession of Stolen Property
- Break & Enter
- Unlawfully in Dwelling
- Breach of Trust
- Unauthorized Use of Computer
- Unlawfully Obtaining Food
- Obtaining Property by False Pretense
- Fraudulent Concealment
- Theft and/or forgery of stolen Credit Card
HATE SPEECH / LIBEL
- Defamatory Libel
- Public Incitement of Hatred
- Fraud under $5000
- Fraud over $5000
- Identity Theft
- Online Fraud
- Credit Card Fraud
- Fraud on the Government
- Simple Assault
- Aggravated Assault
- Assault with a Weapon
- Assault Causing Bodily Harm
- Sexual Assault
- Domestic Assault
- Assault Peace Officer
- Forcible Confinement
- Armed Robbery (with a Firearm)
- Failing to Provide the Necessities of Life
- Criminal Negligence
- Administering Noxious Substance
- Overcoming Resistance
- Criminal Harassment
- Uttering Threats
- Trafficking in Persons
- Hostage Taking
- Abduction of a Young Person
- Sexual Assault
- Sexual Interference
- Sexual Exploitation
- Child Pornography
- Procuring & Living on the Avails of Prostitution
- Unlawful Assembly and Rioting
- Causing a Disturbance
- Trespassing at Night
- Indecent Act
- Attempted Murder
ADMINISTRATION OF JUSTICE OFFENCES
- Breach of Public Trust
- Disobeying a Court Order
- Disarming a Peace Officer
- Breach of Undertaking, Recognizance, or Probation
- Failure to Attend Court or Appear
- Escape from Lawful Custody
- Fabricating Evidence
- Giving a False Sworn Statement
- Public Mischief
- Prison Breach
- Intimidation of a Justice System Participant
- Contempt of Court
- Drug Possession
- Drug Trafficking
- Drug Production
- Importing and Exporting Drugs
- Use of Firearm in Commission of an Offence
- Unsafe Storage of a Firearm
- Pointing a Firearm
- Possession of a Weapon for a Dangerous Purpose
- Carrying a Concealed Weapon
- Unauthorized Possession of a Firearm
- Possession of Unauthorized Firearm
- Possession of a Restricted or Prohibited Firearm
- Weapons Trafficking
- Possession of a Weapon Contrary to an Order
- Discharging a Firearm
DRIVING RELATED OFFENCES
- Dangerous Operation of a Motor Vehicle
- Flight from Police
- Street Racing
- Failure to Stop at Scene of Accident
- Impaired Driving & Over 80
- Impaired Driving, Over 80 & Refusal Causing Bodily Harm or Death
- Driving while Disqualified
The Canadian Charter of Rights and Freedoms (Charter) is a guarantee of political and civil rights for Canadian Citizens and all Canadians, respectively. The Charter applies to all government bodies including police and investigators. Thus, the Charter has far reaching implications for criminal law, including investigation of a crime, fairness of a trial, the use of evidence in a trial and appropriate sentencing.
Charter rights include the right to remain silent, the right to obtain and instruct counsel without delay, the right to be free from unreasonable searches or seizures, the right not to be arbitrarily detained or imprisoned, the right to be tried within a reasonable time, the right to a fair trial, the right to reasonable bail, the right to be presumed innocent until proven guilty, the right not to be a witness against yourself, the right to an interpreter at your trial and the right to be free from any cruel and unusual treatment or punishment.
At Agnihotri | Anwar LLP, our lawyers examine your case and determine whether there has been a violation of your rights under the Charter. Where Charter violations have occurred, it is possible to have your charges withdrawn or have the evidence gathered as a result of the violation excluded at trial.
Agnihotri | Anwar LLP defends against charges under the Competition Act and provides advice and risk management services with respect to whether a business practice or potential business practices is compliant with the Competition Act.
Competition Act offences are true criminal offences despite sometimes being referred to as “regulatory”. This means that where an individual is convicted under the Competition Act, he/she will have incurred a criminal record.
Broadly speaking, there are three general categories in which Competition Act offences may fall. First, there is "Conspiracy in Restraint of Trade" or "Bid-Rigging". This is where majority of tenders on a project collude in setting their bids at a high rate in order to maximize profits. Second, there is "Price Fixing". Price Fixing occurs when majority of companies in the same industry collude in keeping their prices high to avoid competing with each other and to maximize their profits. Finally, there is "Deceptive Marketing Practices", which includes misleading advertising and/or telemarketing and offences related to multi-level marketing plans and pyramid selling.
Offences falling under the Competition Act are investigated by the Competition Bureau, whose overall mandate is to ensure compliance and protect the public. With this mandate in mind, at Agnihotri | Anwar, we assist our clients by working to prevent charges from being laid by negotiating resolution with the Bureau with the aim of avoiding charges being laid altogether, or limiting charges to the corporation as opposed to the individuals of which the corporation is comprised.
Agnihotri | Anwar LLP defends against regulatory statute charges and provides advice with respect to compliance with various regulatory statutes and regimes. Regulatory offences are contained in a wide array of Federal, Provincial, and Municipal legislation. Some of the common Acts that create regulatory offences are:
- Competition Act
- Ontario Securities Act
- Smoke Free Ontario Act
- Liquor License Act
- Income Tax Act
- Environmental Protection Act
- Ontario Drug Benefit Act
- Highway Traffic Act
- Occupational Health and Safety Act
- Toronto Municipal Code
- Canada Shipping Act
In general, violating a federal regulatory statute carries serious consequences compared to violation of provincial or municipal regulatory regimes. Federal regulations are true criminal offences, and can result in a criminal record and lengthy jail term. On the other hand, violations of provincial statutes or municipal by-laws involve monetary penalties in addition to the risk of losing one’s license or permit to conduct a certain activity.
A conviction of a drug offence can result in a criminal record, and have consequences for an individual’s ability to travel. At Agnihotri | Anwar LLP, our lawyers defend clients who have been charged with drug related offences under the Controlled Drug and Substances Act (CDSA) including:
- Possession of a Controlled Substance;
- Possession for the Purpose of Trafficking a Substance;
- Trafficking, Importing and Exporting a Controlled Substance; and
- Production of a Substance
The CDSA contains a Schedule which lists all controlled substances, including street drugs like marijuana, hashish, cocaine and heroin, as well as commonly prescribed medications. At Agnihotri | Anwar LLP, we also assist our clients with respect to charges related to drug offences that are covered by other legislation, such as the Criminal Code, or the Food and Drug Act.
A bail hearing is a procedure where a Justice of the Peace ("JP") sitting in the Ontario Court of Justice determines whether a person charged with an offence should be released or held in custody pending trial.
It cannot be overstated how crucial it is to be prepared for a bail hearing. Being released pre-trial is not just a question concerning ones freedom prior to trial, but also directly impacts the ways in which an accused may prepare for trial. It is far more difficult to work closely with ones lawyer in putting together a strong defense when behind bars.
It is for this reason the lawyers at Agnihotri | Anwar LLP make it their priority and responsibility to put together the strongest possible plan of release prior to commencing a bail hearing, to ensure increased likelihood of pre-trial release. We speak with the Crown-Prosecutor to determine the Crowns position on release; namely, whether they are seeking pre-trial custody, and on what grounds (primary, secondary and/or tertiary).
If the Crown has reason to be concerned that (a) the accused is a flight risk and will not appear at his/her future court dates if released (primary ground) (b) that the accused is a danger to the public and is substantially likely to re-offend if release (secondary ground), and/or (c) that the accused persons incarceration is necessary to maintain public confidence in the administration of justice (tertiary ground), the Crown prosecutor will be seeking detention.
Once we have determined that the Crown has concerns and will be seeking detention, Agnihotri | Anwar LLP studies the accused's disclosure, criminal record (if any) and life circumstances, to put together the strongest and most effective plan of supervision to address the grounds of concern. Our lawyers are zealous, fearless and passionate litigators. We relentlessly argue on our clients behalf, using both an effective release plan, and the law, to secure pre-trial release.
Our lawyers have successfully conducted many bail hearings. Although each client’s case and circumstances are different, we have seen first-hand the importance of effective preparation. For this reason, no matter the client or the charge, our lawyers dedicate a significant meeting with our client, meeting with potential sureties, and putting together the strongest plan possible. In addition, we have seen time and time again that no matter how strong the release plan is, if the proposed surety is not aware of his/her responsibilities and/or does not understand what is expected of him/her, the bail hearing will most definitely be adversely impacted. For this reason, Agnihotri | Anwar LLP dedicates a significant amount of time to speaking with potential sureties to ensure that they qualify as sureties, they understand what their responsibilities will be as sureties, they understand what will be expected from them, and they understand the bail hearing procedure, and that they will be called as a witness and will have to answer questions put to them not only be defense counsel, but also the Crown Prosecutor and the Justice of the Peace. It is a shame to see bail being denied, despite having a good bail plan in place, because a surety was not prepared or did not understand the process or what was expected of him/her. At Agnihotri | Anwar LLP, we dedicate the time necessary to ensure that this does not happen.
If you have been contacted by a police and asked to turn yourself in, or if you have a friend or family member in custody awaiting a bail hearing, please contact Agnihotri | Anwar LLP immediately.