Being charged for sexual assault is a severe situation. When the accused is brought to trial, there will be plenty of factors that will affect the case. While some are considered minor, others will be regarded as significant and will influence the jury’s decision.

Factors Provided By A Sexual Assault Lawyer That Are Considered In A Sexual Assault Case

The Initial Testimony Of The Victim
Perhaps the most significant point in any sexual assault case is the testimony of the victim. Their account of what happened will be the backbone of the prosecution’s case against the accused. The defence lawyer will break down the testimony and the evidence behind it, to see how it holds up in court.
If The Victim Was Intoxicated
If the victim was intoxicated during the incident, their memory of the event might not be what happened. It is therefore considered a vital factor that during the case if the victim was not in the right state of mind.
The Credibility Of The Victim, The Accused And Any Witnesses
The character history of the victim, the accused and any witnesses will be taken into account. The reputation of all of them could enhance or negatively affect the case.
If A Rape Exam Was Conducted
If rape has occurred and been reported to the authorities, then a rape examination would have taken place. The details of the report can have a massive impact on the outcome of the case.
The Viewpoint Of The Accused
While the victim’s testimony is the second most substantial part of the charge (following on from any physical evidence), the viewpoint from the accused will also be assessed. Discrepancies between the two stories will be sought by a criminal defence lawyer. It will help the accused’s case or lessen the likelihood of a severe sentence.
Previous Criminal History Of The Accused
If the accused has a previous history of sexual assault or violence, it will weigh heavily against them. If they do not, it will help them in the outcome of the charge. The prosecution and the sexual assault lawyer will have this information beforehand.

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

Even though it has been more than three months, the people of Calgary are still a little confused about the new breath test rules on the road. But before you go calling a DUI lawyer in Calgary, here are the rule changes you should know.

The Changes To The Breath Rules

The first significant change is that police now have the power to breathalyzer anyone they pull over, as opposed to the old law where they had to be suspicious the person was impaired.
You don’t even have to be driving the car either to be tested. Being in the vehicle is enough to get tested.
Refusing a test can result in you being fined up to $2,000 or given jail time for up to 10 years.
The end of the “bolus drinking defence”. The old laws stipulated that drivers could argue that they just consumed alcohol before driving and it has not been absorbed in their body yet. Your impaired driving lawyer cannot use this defence with the new law making it illegal to be at or over the limit two hours from driving.
Fines and penalties have also increased. Old laws for those convicted of driving impaired where subjected to $1,000 for a first offence, 30 days in jail for a second offence, and 120 days in prison for a third offence.
The new laws include fines based on the amount of blood alcohol content you have in your system when you’re tested. First time offenders will be fined $1,000 (if they have between 80-119 mg of alcohol), $1,500 (between 120-159 mg), $2,500 (160 mg or more).
The maximum penalties have increased if bodily harm, or death, occurs. If you are impaired and cause bodily harm, you can be sentenced to as much as 14 years in prison. For those that are impaired and cause death on the rules, they face life imprisonment.

Contact A DUI Lawyer In Calgary

If you have fallen victim to the new impaired driving laws, you can still put up a defence. DUI lawyers in Calgary will take on your case and try to get you the best result possible.

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 with domestic violence is a serious offence. You will have to go to court, hire a domestic violence lawyer and contest the charge. If you are found guilty, you could face severe consequences for your actions:

The Results Of Being Found Guilty Of Domestic Violence

Depending on your circumstances (more on that below), you could face different types of punishments. They can include:

Being sent to jail for an amount of time.
You could be given a suspended sentence, which means you are not sent to jail, but you will be placed under strict probation. You could also face probation both before and after your jail sentence as well.
Court-ordered therapy and programs that have to be completed. This is usually offered to first-time offenders. Completing a program can result in you not having the conviction or charge put on your criminal record.
A conditional sentence can be the result, which means that you will serve your jail time outside, such as being under house arrest.
In some cases, you will have to pay restitution to cover the victim’s costs for personal injury, damages and court fees.
You could have to pay a fine while serving probation.

When the court sentences you, it will assess the situation before making a final decision on your sentence. They will consider the following:

The details of the offence
How severe and dangerous the offence was
Your previous criminal history
If you have any prior history of domestic violence
If you pleaded guilty before the trial or not (you would have discussed this with your criminal defence lawyer beforehand)
The chances of you committing the same crime again in future

A Domestic Violence Lawyer Can Help You

The outcome of your charge will solely depend on how you represent yourself in the trial. It is imperative that you get a domestic violence lawyer to help you. They will be able to provide you with the support you need during your trial for domestic abuse.

When you are convicted of a DUI in Canada, you will have the charge attached to your permanent record forever. That means facing severe implications for the rest of your life, such as difficulties getting a job and paying higher insurance premiums. But there are always ways in which you can avoid having the charge attached to your criminal record.

Get A DUI Lawyer To Argue The Case For You

The first step to trying to remove a DUI from your record is by not getting it in the first place. Start searching for a DUI or criminal defence lawyer in Edmonton as soon as possible. They will be able to help you with your case. And if you are convicted, can help you remove the DUI.

See If The Impaired Driving Lawyer Can Get You A ‘Recorded Suspension

While not necessary a method in removing the charge from your permanent record, a ‘recorded suspension’ (also known as a pardon, but has since been renamed) can help your make your life a little easier – down the line. If you have not committed any further offences following your DUI conviction, meet the eligibility requirements, and after a period of five years, you can apply. It will not erase the DUI from your record, but it will seal it so that employers are not able to see it.

Apply For A Curative Discharge With Your Defence Lawyer

For those with repeated offences, the only hope of removing a DUI from the record is to attempt to apply for a ‘curative discharge’. To apply for this, you have to prove you suffer from a substance abuse problem and you require treatment, which has to be established by a psychologist. You have to meet the criteria demanded by the court, such as:

Proving motivation to overcome the addiction
Committing to treatment
Going through a period of probation unscathed

If you can do so, then your DUI record will be discharged from your record. It is best to speak to your DUI lawyer in Edmonton in regards to this approach.

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.

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.

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.

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.

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 Criminal Defence Lawyer

Category: Uncategorized