criminalappeals

  Police officers in Canada are allowed to seize an individual’s personal belongings even in circumstances where that person has not been criminally charged. Section 489(1) of the  Criminal Code  allows police officers to seize items as part of a criminal investigation, and section 490 outlines how long police are able to hold those items in their possession. If you’re confused as to whether police are allowed to hold your items under law, an experienced Edmonton criminal lawyer can help you determine if you’re able to get your personal items back. https://criminalappeals.net/can-police-seize-my-belongings-if-i-havent-been-criminally-charged.html

  There are multiple ways that a police officer can seize or remove (i.e., take and tow) your vehicle in Alberta. These reasons are outlined in the   Vehicle Seizure and Removal Regulation .   Examples of reasons a police officer could seize your vehicle include: Failing to move your vehicle after an accident; Abandoning your vehicle; Leaving your vehicle unattended while blocking traffic; Parking illegally; Parking in a way that is dangerous or hazardous; Not displaying a license plate. Those are just a few examples. That said, police officers must still follow the law when towing your vehicle. If you’re unsure if your vehicle has been legally seized, contact an Edmonton Criminal Lawyer who can help you get your vehicle back. https://criminalappeals.net/when-can-police-tow-my-vehicle.html

  There are multiple ways that a police officer can seize or remove (i.e., take and tow) your vehicle in Alberta. These reasons are outlined in the   Vehicle Seizure and Removal Regulation .   Examples of reasons a police officer could seize your vehicle include: Failing to move your vehicle after an accident; Abandoning your vehicle; Leaving your vehicle unattended while blocking traffic; Parking illegally; Parking in a way that is dangerous or hazardous; Not displaying a license plate. Those are just a few examples. That said, police officers must still follow the law when towing your vehicle. If you’re unsure if your vehicle has been legally seized, contact an Edmonton Criminal Lawyer who can help you get your vehicle back. https://criminalappeals.net/when-can-police-tow-my-vehicle.html  

  Costs of tamed abuse and assault are heavy troubles with long-lasting effects on a person's life. Legal advice is crucial to negotiate such difficult circumstances, whether one is defending against accusations or confronting them. Specializing in addressing delicate situations, a Domestic Violence Lawyer in Edmonton and a Domestic Assault Lawyer in Edmonton guarantee client rights protection in Edmonton. The implications of these attorneys and how they might aid people delegated with these items will be conferred in this paper. What Does a Domestic Violence Lawyer Do? A Domestic Violence Lawyer Edmonton  is a permitted practitioner concentrating on supporting those accused of trained violence. Cases of domestic violence periodically center on charges of psychological, emotional, or physical injury involving close friends or family members. A domestic violence attorney guarantees that the client's side of the story is heard, so offering vital help. From the facts to the pa...

  Police officers in Canada are allowed to seize an individual’s personal belongings even in circumstances where that person has not been criminally charged. Section 489(1) of the   Criminal Code  allows police officers to seize items as part of a criminal investigation, and section 490 outlines how long police are able to hold those items in their possession. If you’re confused as to whether police are allowed to hold your items under law, an experienced Edmonton criminal lawyer can help you determine if you’re able to get your personal items back.   What is Section 489(1) of the  Criminal Code ? Section 489(1) sets out the procedure that police must follow when they take an individual’s property. This is true whether or not police have a warrant when the items are seized. This also includes items which are seized as part of a search following an arrest. Whenever a police officer seizes items under section 489(1), the police officer must file a Form 5.2 to a...

  There are multiple ways that a police officer can seize or remove (i.e., take and tow) your vehicle in Alberta. These reasons are outlined in the   Vehicle Seizure and Removal Regulation.   Examples of reasons a police officer could seize your vehicle include: Failing to move your vehicle after an accident; Abandoning your vehicle; Leaving your vehicle unattended while blocking traffic; Parking illegally; Parking in a way that is dangerous or hazardous; Not displaying a license plate. Those are just a few examples. That said, police officers must still follow the law when towing your vehicle. If you’re unsure if your vehicle has been legally seized, contact an Edmonton Criminal Lawyer who can help you get your vehicle back. https://criminalappeals.net/when-can-police-tow-my-vehicle.html

  David Milgard’s story is one of the worst miscarriages of justice known to Canadian law. Wrongfully convicted of first degree-murder in 1970, David Milgard spent 23 years in prison for the rape and murder of Gail Miller, a nurse from Saskatoon, Saskatchewan. When David was finally exonerated, DNA and other evidence revealed that Larry Fisher, a prolific sex offender, was responsible for the crime. Throughout David’s time in custody, his mother, Joyce Milgard, maintained a steadfast belief in her son’s innocence. Her advocacy for the rights of wrongfully convicted played a key role in the establishment of the Miscarriage of Justice Review Commission, which will replace the existing system for identifying wrongful convictions. https://criminalappeals.net/the-new-miscarriage-of-justice-review-commission.html

 The  Youth Criminal Justice Act,  or the  YCJA ,   is the legislation that governs the youth criminal justice system in Canada. The  YCJA  applies to young persons over the age of 12 and under the age of 18 who are facing criminal charges. This includes individuals who are now over the age of 18 but were underage when they were alleged to have committed a criminal offence. The  YCJA  is distinct from the  Criminal Code,  and its processes and goals are different as well. https://criminalappeals.net/what-is-the-youth-criminal-justice-act-(ycja).html

 The  Canadian Charter of Rights and Freedoms  safeguards constitutional rights in Canada. Section 10 of the  Charter  protects individuals’ rights with respect to arrest and detention. Section 10(a) ensures that individuals and promptly informed of the reasons for their arrest or detention. Section 10(b) ensures that individuals are informed of their right to speak with a lawyer without delay and then provided with an opportunity to speak with a lawyer.   https://criminalappeals.net/what-is-section-10-of-the-charter.html

 Bail, also called ‘judicial interim release’, is governed by section 515 of the  Criminal Code  and section 11(e) of the  Canadian Charter of Rights and Freedoms.  Section 515(1) of the  Code  and section 11(e) the  Charter  both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions. https://criminalappeals.net/how-does-bail-work-in-canada.html

 The  Canadian Charter of Rights and Freedoms  safeguards constitutional rights in Canada. Section 10 of the  Charter  protects individuals’ rights with respect to arrest and detention. Section 10(a) ensures that individuals and promptly informed of the reasons for their arrest or detention. Section 10(b) ensures that individuals are informed of their right to speak with a lawyer without delay and then provided with an opportunity to speak with a lawyer.   An arrest occurs when police engage in the “actual seizure or touching of a person’s body with a view to detention” ( R v Latimer,  [1997] 1 SCR 217 at paragraph 24), or when the police officer says the “words of arrest” and the individual submits to arrest. Arrest can trigger multiple different police powers, such as the ability to conduct a search incident to arrest, or sometimes to take fingerprints or a mugshot. https://criminalappeals.net/what-is-section-10-of-the-charter.html

 Bail, also called ‘judicial interim release’, is governed by section 515 of the  Criminal Code  and section 11(e) of the  Canadian Charter of Rights and Freedoms.  Section 515(1) of the  Code  and section 11(e) the  Charter  both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions.   In a typical bail hearing, the burden is on the Crown to justify why someone should not get bail. Further, the Crown must justify why any additional conditions placed on a person who is granted bail are necessary and reasonable. There are some exceptions to this principle, which include when individuals are charged with offences under section 469 of the  Criminal Code  (e.g., murder) or when they have previously been granted released and are alleged to have breached a condition of that release. All these...

 The  Canadian Charter of Rights and Freedoms  protects constitutional rights in Canada. Section 8 of the  Charter  protects people against unreasonable searches and seizures by police, and thus, violations of their privacy. The purpose of section 8 is to balance people’s right to be left alone with the government's desire to enforce the law. A section 8 violation will only be found where a search or seizure conducted by police is unreasonable. An experienced Edmonton criminal lawyer can help you understand whether you have been subject to an unreasonable search or seizure.   A “search” under section 8 is any government activity which interferes with a person’s reasonable expectation of privacy. This could include a police officer reading your text messages, or the recording of a private conversation. A “seizure” under section 8 is when a police officer takes a person’s belongings without their consent. https://criminalappeals.net/what-is-section-8-of-...

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 Bail, also called ‘judicial interim release’, is governed by section 515 of the  Criminal Code  and section 11(e) of the  Canadian Charter of Rights and Freedoms.  Section 515(1) of the  Code  and section 11(e) the  Charter  both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions. In a typical bail hearing, the burden is on the Crown to justify why someone should not get bail. Further, the Crown must justify why any additional conditions placed on a person who is granted bail are necessary and reasonable. There are some exceptions to this principle, which include when individuals are charged with offences under section 469 of the  Criminal Code  (e.g., murder) or when they have previously been granted released and are alleged to have breached a condition of that release. All these excepti...

 The  Canadian Charter of Rights and Freedoms  protects constitutional rights in Canada. Section 8 of the  Charter  protects people against unreasonable searches and seizures by police, and thus, violations of their privacy. The purpose of section 8 is to balance people’s right to be left alone with the government's desire to enforce the law. A section 8 violation will only be found where a search or seizure conducted by police is unreasonable. An experienced Edmonton criminal lawyer can help you understand whether you have been subject to an unreasonable search or seizure. https://criminalappeals.net/what-is-section-8-of-the-charter.html

  In Canada, allegations of sexual assault are taken very seriously. It's common for criminal charges to be laid once a complaint is filed with the police, and the legal consequences can be severe, including mandatory minimum jail sentences for many sexual offences.  If you're facing an accusation of sexual assault, it's important that you contact an Experienced Sexual Assault Lawyer right away. This ensures that we preserve all relevant evidence to get you the best possible outcome. This proactive approach is crucial for safeguarding your interests and navigating the legal process effectively.  https://criminalappeals.net/what-is-sexual-assault.html

  When someone is found guilty of a criminal offence, a judge may impose an order prohibiting them from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance. Depending on the circumstances, the decision to impose a weapons prohibition is either discretionary or mandatory. What is the Difference between Mandatory Weapons Prohibition and Discretionary Weapons Prohibition?  When a weapons prohibition is mandatory, a judge has no choice but to make the order. A weapon’s prohibition will be mandatory if the person was convicted or discharged of: https://criminalappeals.net/what-is-a-weapons-prohibition.html

  David Milgard’s story is one of the worst miscarriages of justice known to Canadian law. Wrongfully convicted of first degree-murder in 1970, David Milgard spent 23 years in prison for the rape and murder of Gail Miller, a nurse from Saskatoon, Saskatchewan. When David was finally exonerated, DNA and other evidence revealed that Larry Fisher, a prolific sex offender, was responsible for the crime. Throughout David’s time in custody, his mother, Joyce Milgard, maintained a steadfast belief in her son’s innocence. Her advocacy for the rights of wrongfully convicted played a key role in the establishment of the Miscarriage of Justice Review Commission, which will replace the existing system for identifying wrongful convictions. https://criminalappeals.net/the-new-miscarriage-of-justice-review-commission.html