In the #Metoo era, it can be difficult for people to know where the line is drawn. And there could be no more grey line than sexual assault. Being accused is dangerous enough to ruin lives, and if you are charged and convicted, you could face serious jail time. But what is considered sexual assault? And what happens if you’ve been accused of the crime?

What Is Sexual Assault?

In its most basic form, sexual assault is any unwanted sexual act done by one person to another. It can be anything from touching to openly expressing sexual desire against the person’s wishes. Sexual assault can include the following:  

  • Forced fondling or kissing
  • An act of violence or aggression involving a sexual nature which is verbal, emotional or physical.
  • Unwelcome sexual comments, threats or harassment that make a person feel uncomfortable.
  • Non-consensual sexual contact or touching sexually without permission
  • Forced vaginal, anal or oral penetration, also known as rape.
  • Attempted forced penetration, known as attempted rape.

Sexual assault does not only occur between men and women; it can happen between people of the same sex, minors, and even if they are married.

While the list might seem easy to comprehend, in real life, the lines can be blurred. Both prosecution and criminal defence lawyers will analyse circumstances surrounding the case to determine if an assault did take place and if it did, in what way was it sexual.

What Will Sexual Assault Lawyers Look At In Court?

When a case is presented in court, sexual assault lawyers will take a more in-depth look at:  

  • The situation in which the assault occurred
  • The verbal inclination behind the contact
  • The build-up to the situation
  • Mental states of both attacker and victim
  • DNA evidence and other elements of evidence

Call A Sexual Assault Lawyer If You’re Charged

If you have been accused or charged with sexual assault, it is imperative that you look towards getting a sexual assault lawyer to help you with your case. They will be able to support you, both legally and emotionally, on how to overcome the charge.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

Being a criminal defence lawyer means opening up yourself to a world of stigmas. There is already a perception of you before you even walk into court to defend your client. Whether you are protecting a client, providing support as a DUI lawyer, or providing legal counsel, you are open to these four wrong stigmas:

Criminal Defence Lawyers Only Care About Winning, Not Justice

The idea here is that criminal defence lawyers in Calgary are only driven by their desire to win, not about justice. But that is a wrong assumption to make. Justice can be that the client is cleared of their charges because they were wrongly accused. The lawyer is merely making the best case for their client in a bid to prove their innocence. It has nothing to do with a desire to win, but a desire to be fair.

Criminal Lawyers Only Care About Money

Since lawyers charge a lot for their services, and they are defending someone that is suspicious of a crime, the stigma is raised that the defence lawyer only cares about money. This assumption is not true at all. Every client is entitled to a fair trial and the fees are a natural part of the process. Many criminal defence lawyers also offer some of their service free of charge such as the initial consultation.  

They Use ‘Tricks’ To Get Their Client Off

There is a perception that criminal lawyers use sneaky ‘tricks’ to con the jury into believing that their client might be innocent. However, lawyers are still within the law and are making use of it to defend their client and give them a fair chance.

They Are ‘Guilty By Association’

Due to the fact that criminal defence lawyers are supporting charged individuals, some individuals may think that they regularly mingle with such individuals. Some might even believe that a lawyer that defends criminals is, therefore, a criminal. That is a seriously wrong allegation to make and damages the reputation of the lawyer. Lawyers are merely defending the rights of the individual, and are not necessary associating with them.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

If you have been arrested for DUI, it can be a very frightening and confusing time. Where do you go from here? How do you handle what is going to come next? Can a criminal defence lawyer in Calgary help you? We have a breakdown on what to expect once you get a DUI charge.

You will get arrested and may be taken to jail

If you fail the breathalyzer test, the first thing to expect is that you will be sent to jail. Depending on the charge, and your previous history, you could be in jail for just the night, or might require bail to be freed. It varies on your past and current personal status.

You will be summoned to court at a later date

After the charge has been laid, you will be summoned to court at a later date. You will have time to prepare yourself for the charge. It is imperative that you turn up at the court on the day, or you could be facing additional charges.

You will have the chance to defend your actions

You are entitled to rights in court, which means you have the opportunity to defend yourself. The aim is to build up a solid case on your behalf and present it accurately. Doing this on your own can be a struggle if you do not know the laws, which is why plenty of people hire a DUI lawyer to help them with their case. If you do feel that you are guilty, you can accept the charge.

You could face punishments if convicted

Depending on the result at the end of the court proceedings, you could be punished for your DUI charge. The punishment can vary depending on the severity of your charge. Your sentence can range from expensive fines to licence suspensions; from undertaking DUI courses to even jail time. You will also get a DUI charge on your permanent record which will affect your chances at getting a job and paying lower car insurance fees. However, you can get a lesser punishment if you have a solid defence provided by an impaired driving lawyer.  

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

The best answer to this question is “Immediately!” Your legal jeopardy in a DUI case begins as soon as the police detain you. Everything that you say and do is being observed by the police and will be used against you in court. Even the most innocent answer that you may give will be used against you, and very often your answers and even your mannerisms will be misrepresented by the police in court as signs of impairment.

 


Do I Need a DUI Lawyer?

 

Yes! Yes! Yes! More importantly, however, you need to hire a top DUI lawyer in Alberta in order to have the best chance of avoiding a conviction. The Impaired Driving sections of the Criminal Code are the most technical and your criminal defence lawyer needs to know every aspect of those sections in order to properly plan your defence.

 


What are the consequences of a conviction?

The consequences of being convicted for impaired driving or for refusing to provide a sample has recently changed as of Dec 18, 2018. The government has made the penalties far greater and therefore they will have far greater consequences. It is almost assured now that if you’re convicted of impaired driving, you will not be able to travel to the United States. This is as the result of the increase in penalties that the government has imposed for impaired driving convictions. If you are not a Canadian Citizen, there is a very likely chance that the government may try to deport you, again, because of the increase in the penalty provisions brought in by the Liberal Government. At the very least, your prospects for employment will be greatly diminished because of the criminal record and your prospects of getting motor vehicle insurance will also be very difficult.

 

Finding a DUI Lawyer

 

With the advance of the internet, almost anybody can design a flashy website, and tell you that they are the best lawyer for the job. As with anything else in life, it’s your duty to sort through the information to prove that you are getting the best DUI lawyer in Alberta that you can get. Look for a website that includes testimonials so that you can learn from the experiences of other people. You should be able to grasp the kind of experience the lawyer has by reading client testimonials.

 

In summary, if you are charged with impaired driving, your first call should be to Timothy Dunlap who has a long and verified record of success in dealing with these cases. From your first interview with Mr. Dunlap, you will undoubtedly be sure of his expertise, confidence and commitment to resolving your case. We urge you to contact us immediately after you are charged and book an appointment to discuss your case.

CTA: Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

Being charged for domestic violence is a serious accusation. Whether you are guilty or not, you have the right to defend yourself. You now have to begin the process of preparing for your court date. It can be confusing to know how to start and what you can do. This is how you can prepare yourself:  

Hire A Domestic Violence Lawyer

The best way to get a good result from your charge is to make sure that you get the best domestic violence lawyer in Edmonton possible. If you cannot afford one, the court will appoint one to you. But if you do find one, check out their history to see how they will manage your case.

Tell Your Lawyer Everything

Your lawyer is the best person to help you during your case. An effective criminal defence for domestic violence requires that your lawyer knows all the essential details about the incident, has a record of police statements, and understands your relationship to the victim.

Decide On Your Plea

During the pre-trial, you will have to opportunity to discuss what type of plea you will be submitting to court, which includes guilty, not guilty and no contest. Discuss it with your lawyer, as they will go back and forth with the prosecution on the merits of your case. Once you decide, you’re committed to that plea.

Plan For The Hearing

A hearing is what happens before the case kicks off in court during which lawyers and judges will debate the ethics of your situation. The process involves you entering your plea, discussions about the date of the case, and choosing the jury.

Don’t Make Things Worse Outside The Case

While you are awaiting trial, you should not do anything to make your situation worse than it already is. That means not getting into trouble, talking about the case to anyone barring your lawyer, and involving yourself with known associates. Be as ethical as possible outside the case.

Go To Trial

You’re done everything you can before the court date. Dress appropriately for court, prepare yourself mentally and emotionally, and listen to your lawyer as the case goes on.

Start Your Court Proceedings By Hiring A Criminal Lawyer Now

Once you have been charged, there is no point dragging it on longer than it needs to be. Start looking immediately for a criminal lawyer in Edmonton to help build your case from the ground up.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-2264

A sexual assault charge is serious and has many ramifications. If you find yourself facing charges, stay calm and act promptly to defend yourself against false accusations. Here are five things to know before hiring a Calgary sexual assault lawyer.

It’s Best to Contact a Calgary Sexual Assault Lawyer Quickly

Insist on calling a lawyer immediately. The police are required to inform you of your right to contact a lawyer and do everything in their power to facilitate it. Being charged with a serious crime is stressful and confusing, so it’s best to have expert help from the beginning. A Calgary criminal defence lawyer can help you deal with law enforcement questioning and arrange a hearing. It’s also important to hire a Calgary lawyer quickly, so they have time to gather the necessary evidence.

You Need a Sexual Assault Lawyer with Experience

Because the consequences of a conviction for sexual assault are usually jail time, you need to hire counsel with substantial experience in fighting these cases. It’s best to find a sexual assault lawyer who knows what they’re doing so that you can have the best possible defence.

Your Calgary Criminal Defence Lawyer Needs a Timeline of Events

The police may continue to gather evidence against you even after your arrest, so your lawyer should begin planning your defence from the first phone call. You can help by writing down a detailed timeline as soon as possible to help a Calgary sexual assault lawyer build a case. Your report should include everything you know about your relationship with the alleged victim and about the incident that led to your arrest.

A Sexual Assault Lawyer Needs a List of Possible Witnesses

You should also begin compiling a list of possible witnesses for your Calgary lawyer including family, close friends, people at the location of the incident, employers, and co-workers.

A sexual Assault Arrest Could Come at Any Time

A Sexual Assault charge is serious, and with the new Provisions in the Criminal Code, it is almost always the case that a conviction results in jail time. If the police are coming to arrest you for a sexual assault, they will almost always make the arrest unannounced, which is why it’s important to know your rights. Be very careful not to give the police any information at all other than the information to identify yourself. Give as little information as necessary until you can seek counsel and advice from your Calgary criminal defence lawyer.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-22641-

A sexual assault charge is serious and has many ramifications. If you find yourself facing charges, stay calm and act promptly to defend yourself against false accusations. Here are five things to know before hiring a Calgary sexual assault lawyer.

It’s Best to Contact a Calgary Sexual Assault Lawyer Quickly

Being charged with a serious crime is stressful and confusing, so it’s best to have expert help from the beginning. A Calgary criminal defence lawyer can help you deal with law enforcement questioning and arrange a hearing. It’s also important to hire a Calgary lawyer quickly so they have time to gather the necessary evidence.

All Communication with Third Parties or Your Accuser Should Stop without Your Calgary Lawyer

It’s tempting to talk with your accuser and try to work things out or tell your side of the story to the media or other third parties, but this is not a good idea. You should never contact your accuser, discuss the case, or engage in activity on social media regarding the charges without discussing it first with a sexual assault lawyer.

Your Calgary Criminal Defence Lawyer Needs a Timeline of Events

Write down a detailed timeline as soon as possible to help a Calgary sexual assault lawyer build a defence. This should include everything you know about your relationship with the alleged victim and about the incident that led to your arrest.

A Sexual Assault Lawyer Needs a List of Possible Witnesses

You should also begin compiling a list of possible witnesses for your Calgary lawyer including family, close friends, people at the location of the incident, employers, and co-workers.

It’s Important to Stay Positive

Feeling overwhelmed is normal, but it’s important to stay positive. This helps you address the situation aggressively with the help of your Calgary criminal defence lawyer.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law is experienced with impaired driving or criminal offence cases. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-22641-86

A top criminal defence lawyer will begin planning a strategy for your defence from your first interview.

Questions to Ask Calgary Your Criminal Defence Lawyer 

You will likely a have a lot of questions for your defence attorney but remember to budget your time and use it wisely when it comes to your first consultation.

1. Can I tell you everything?

Yes, absolutely. Your criminal defence lawyer is the only person that you can tell all of the facts. Your defence lawyer, bound by Solicitor-Client privilege, cannot be compelled to disclose the information that you have provided to anyone.

2. What experience do you have?

You can usually tell by the number of years that the lawyer has been practicing what their experience level is. However, if a lawyer has been practicing as a general practitioner, that means that they haven’t specialized in any one area and may not be the lawyer you need for a criminal charge. Criminal Law is a specialized focus, and your lawyer must have extensive experience handling the charges that you have; this is especially true for Impaired Driving and Sex Offenses.

3. Lawyer fees and payment plans

It is your responsibility to ask the lawyer what they charge. Almost every criminal lawyer will quote you a set fee and will not bill you on an hourly basis for criminal offences. You should find out what fee the lawyer is expecting and work out an appropriate payment plan.

4. The Strategy

A top criminal defence lawyer will be setting out a strategy for your defence from the moment you meet. In the first meeting with a client, a good Calgary lawyer will ask for all of the facts of the case. They will then order the disclosure from the Crown’s office.  Ultimately, a combination of what the client says and what the Crown discloses will lead the lawyer to the specific strategy needed for winning the case.

Win With the Right Criminal Defence Lawyer

Take advantage of all the services that a Calgary criminal defence lawyer can offer you by asking important questions during consultation. When your future is on the line, you can never be too careful.

Dunlap Law provides the legal support and representation you need for your criminal case. Dunlap law has vast experience in criminal law with a special emphasis on impaired driving and sex offences. Send an email to [email protected] or give us a call. Calgary: (403) 474-8222 | Edmonton: (780) 428-2267 | Toll Free: 1-866-247-22641-

There’s another very bizarre part of the Criminal Code which says that no record which may be in the possession of a complainant or a witness can be produced as part of the disclosure, without prior approval by the court. Those records include medical records, psychiatrist clinic notes and even include personal journals and diaries, if they exist. They do not have to be turned over to the defence, even if they provide information which provides a complete defence to the person charged. In other words, you can have a situation where some girl is alleging that a boy has sexually assaulted her but then she writes either on her iphone or her personal diary or somewhere else that in fact he didn’t sexually assault her, but that she consented to it, this cannot be produced to question her credibility without special application to the Court. It is these kind of provisions which are completely unnecessary and served only to tighten the noose around the neck on anybody charged with sexual assault. It would seem logical and certainly acceptable to most people that if someone makes an allegation of sexual assault but then writes in their diary that they lied to the police and that the other person didn’t actually sexual assault her, that this would be the information that should be turned over to the police and ultimately to defence counsel.

And this part of the law is being expanded even further. In response to the acquittal of the TV personality Gian Ghomeshi the feminist lobby exerted a huge pressure on a PM Justin Trudeau to make even further restrictions on what evidence can be turned over. If any of you remember the Ghomeshi case, what happened was that there were several women including some well-known TV actresses who dated Mr. Ghomeshi and in fact had sex with them. He was well known to these women prior to the time that they started dating Ghomeshi that he liked to engage in violent sex and often times gratuitously violent and abusive behavour to these women. After at least 3 of these women dated Ghomeshi and had sex with him they wrote several emails to him telling him that they either like him, love him, or admire him and wanted to see him again. They then, apparently forgetting that they wrote these emails and went lay charges against Ghomeshi of sexual assault and other serious sexual assault crimes. During the trial of that case, Ghomeshi’s lawyer was able to get a hold of these emails and crossed-examined the women about the truthfulness of their evidence, in other words, asking them quite frankly if Mr. Ghomeshi did in fact sexually assaulted you then why after the fact did you send him either naked pictures of yourself or tell him that you wanted to get together and have sex with him again. These kinds of revelations clearly would affect the creditability of any witness. Further than that, there was evidence of emails where these 3 women got together and plotted to destroy Mr. Ghomeshi through their allegation of sexual misbehavior. Following the extensive cross-examination and the breakdown of all credibility of these witness, Mr. Ghomeshi was ultimately acquitted. In response to that, the special Interest groups have pressured the government to add further provisions to the criminal code that women cannot now be cross-examined on any text or email messages that they may have sent to the person that they’re accusing of sexually assaulting them. One can well imagine that in a teenager’s world in 2018 that almost every bit of communication is done either by messaging or texting. It is therefore highly relevant to a charge of sexual assault that if the girl subsequently contacted the boy and sent messages to him that contradicted her story of rape or sexual assault, this would be important, but under the new law these text or email messages could not be used as evidence. Once again I make the point that these changes are being purely ideologically and politically driven by these special interest groups are completely contrary to all of the well-established principles of Criminal Law and criminal evidence.

Every person, but especially every male, should be aware of the huge changes that are taken place in the law in the area of Sexual Assault. The purpose of these blogs is to help everyone understand the changes in law and how they affect you.

PART I – THE POLITICS OF LEGAL CHANGE

There is not a more controversial area of law in the law involving sexual assault. Almost all of the changes in the Criminal Code have been politically driven mainly by special interest groups who really have an agenda that includes the now famous #Metoomovement and other ways of putting pressure on politicians, with the end result basically being to eliminate any defence to a sexual assault claim. We have reached a point where now all someone has to do is just make an allegation that someone has acted inappropriately and not even criminally and this would be enough to have serious consequences for the person that has been accused.

Approximately 99% of all sex crimes involved men offending against women or boys offending against girls so for the purposes of this seminar I will refer always to the male is being the accused and the female is being the complainant. The end result of all of these changes in laws and the many changes in laws to come, will be a profound shift in the way that Judges deal with Sexual Assault issues. Judges are now under extreme pressure everywhere that if they dare to acquit a man who’s been accused of sexual assault, despite what the circumstances may be, then they run the risk of becoming the subject of public criticism led by these special interest groups. Because Judges are human beings too it is very difficult to see how they will not fall victim to this pressure. While the special interest groups will always proclaim that they are protecting women, the problem arises that most women in the society either do not agree with these radical changes that are being made, or are simply uninformed about them. The great problem arises because most women in society have either brothers, husbands or sons that could very well become the victims of these radical and inequitable changes to the justice system. The problem when having a special interest group driving changes to the law especially in the area of Criminal Law, is that these groups are driven not by ideals of fairness and justice but by ideology and it’s almost always results in bad laws being made.

If some of you were not born here and came from different cultural settings, this information would be of particular importance to you especially if you’re the parents of young boys who are either in or approaching sexually active ages. It is almost guaranteed that your children, be they boys or girls, have no idea what the law says regarding sex crimes in this country. Probably the most important thing that should be taken into account when drafting laws that involved young persons under the age of 18 years is that teenagers as you well know do not think like adults. That fact has been taken into account in the Criminal Youth Justice Act that governs how young persons are dealt with under the law. The one thing that must be taken into account when drafting any laws, especially laws regarding sexual relations between teenagers is that teenage boys are really driven by one thing and that’s hormones, and that teenage girls are driven by 2 things, hormones and emotion. When you realize this, and the fact that these issues lead teenagers to think much differently about these issues than we do, you’ll realize how serious an impact these changes to the Criminal Code can have especially when it relates to teenage boys.

We will discuss the impact of these changes in our next blog seminar.