LEGAL SERVICES

Upon arrest, the Police have a number of options to ensure that an individual charged with an offence attends court as required to answer to the charges. A person can be released on a Promise to Appear or an Undertaking for example. However, if the Police have reason to believe that the person may fail to attend in court, interfere with the administration of justice or commit further criminal offences, the Police may detain the accused person and remand them in custody pending a Bail Hearing before a Justice of the Peace. The Bail Hearing is one of the most critical stages of the Criminal proceeding. It requires careful preparation and attention to detail by Defence Counsel in order to satisfactorily secure the release of the Client. If an individual is denied Bail they will be detained in custody until their case is completed or until their Counsel launches a successful appeal of the detention order. Since trials can take several months to be heard, it is important that the Client retain a Lawyer that is not only experienced but easily accessible and readily available to conduct a Bail Hearing on short notice. The Lawyers at Kafka Kort are on call 24 hours a day, 365 days a year and conduct Bail Hearings on a daily basis.

Our Lawyers understand the need for meticulous preparation not only of the Client, but the proposed Surety as well. Prior to the Hearing, we will meet with the Client, prepare them for any potential testimony and then meet with the proposed Surety to determine both their suitability for the position and to assist them in understanding their responsibilities so the Court has confidence in the release plan that is put forth by the defence. Our Client’s liberty is our paramount concern. Put our experienced team of Criminal Lawyers to work for your freedom today.

To the general public, a charge of Impaired Driving or Blowing over 80mgs appears to be a very simple offence.
Most people believe that if you blew over, you must be guilty and there are no defences. Nothing could be further from the truth. These charges are some of the most complicated offences to prosecute and are readily defendable
by an experienced Lawyer before our Criminal Courts. Quite often, the individuals that face these types of offences are novices before our Courts and this is their first experience in dealing with the Police and our Criminal Justice System. It can be a stressful and overwhelming experience and many times the individual just wants to go to court, plead guilty and "get it over with". Not so fast. Remember, a finding of guilt for such an offence burdens you with a criminal record. Such a record can prevent you from travelling abroad, restrict your employment, hinder your educational opportunities and prevent you from volunteer activities in your Community. Additionally, you will be fined or go to jail, lose your licence for a minimum of a year and be required to install an ignition interlock device on any vehicle you will be operating once you get your licence back. This is not a comfortable scenario. You need an experienced Criminal Lawyer to guide you through this unpleasant situation immediately.

The lawyers at Kafka, Kort Barristers have been successfully defending clients charged with drinking and driving offences ranging from impaired/over 80 to impaired causing death and bodily harm for decades. We have a proven, consistent record of obtaining positive results for clients charged with alcohol related driving offences. We have a wealth of experience dealing with the most serious cases involving motor vehicle accidents causing bodily harm and death. If there is a defence to the driving offence that you have been charged with, we will do everything in our power to identify it and forcefully advance it in Court.

There are many technical and legal defences to such charges. Our lawyers have in-depth knowledge of the scientific intricacies of the devices utilized by the police to detect impaired drivers. We have lawyers who research case law
and Charter jurisprudence on a regular and consistent basis to ensure that our office has a complete database of all helpful authorities and potential defences. We carefully examine the repair, maintenance and calibration records of all roadside screening devices and breathalyzer machines used by the Police to determine if there was a malfunction in obtaining your sample of breath which would render it inadmissible in Court. We retain expert Toxicologists on a regular basis to detect if there was an error in procedure in administering your breath test, which allows our Lawyers to challenge the accuracy of the readings obtained by the Police. We also meticulously review the evidence to determine if your Constitutional rights were infringed by the police by way of an arbitrary detention, unlawful search and seizure of your breath or failure to allow you to exercise your constitutional right to speak to a Lawyer of your choice.

It is important for individuals to understand the full implications of a conviction under the Criminal Code of Canada
for a driving offence. Our lawyers can provide advice to our clients regarding all of the options available to a person charged with any driving offences. We are also fully aware of, and can readily advise clients of all of the potential collateral consequences of a conviction including: criminalization, jail, license suspension/restrictions, insurance consequences, immigration implications, and demerit points.

Our most important dedication and promise is that we care for our clients. If you are charged with a driving offence and you retain our Firm, we will do everything within our power and extensive experience to protect you from the draconian implications and financial burdens that will follow if you are convicted. We cannot help you if you do not call us. Do not delay. If you are charged with any of these offences call one of our experienced Lawyers immediately and let us assist you through this unfortunate journey through our Criminal Justice System.

Facing allegations of domestic assault are naturally stressful and humiliating. In the hours, days, and weeks following a charge, emotions can run high and may lead a person to make a poor decision that can cause their situation to go from bad to worse.
Once a charge is laid, restrictive conditions will be placed upon you that will prevent your ability to attend at your own home, communicate with your spouse, and sometimes even prevent you from seeing your children.

 Although Domestic Assaults do not have a special designation under the Criminal Code, they are often prosecuted more vigourously than a non-domestic simple assault. Most Crown Attorney's Offices now have specialized teams of lawyers that are specifically trained to deal with these types of offences. Indeed, most Courthouses now have specific courtrooms and exclusive designated juridical days to conduct these prosecutions. There are various witness assistance programs in place at the Courthouse to provide support for Crown witnesses during these proceedings. It can be an intimidating experience for a person accused of such an offence to walk into that Courtroom alone. The Lawyers at Kafka Kort have extensive experience in defending domestic matters. Common defences include self defence, defence of others, defence of property, de minimis, accident and complainant fabrication of allegations. We will thoroughly review your case file and provide you with the appropriate legal advice to challenge the allegations before the Court. Additionally our Lawyers will assist you with variation of your restrictive Bail conditions while awaiting Trial. Do not walk into that Courtroom alone, simply call one of our Lawyers and put our experience and knowledge to work for you.

There are a large number of assault related offences. They can range from a common assault, where no one is hurt, to Assault Causing Bodily Harm, Assault with a Weapon, and Aggravated Assault. A common assault can be as simple as applying any force intentionally on a person without their consent. You do not need to intend any harm whatsoever. Assault Bodily Harm is similar but requires there to be some injury that interferes with the health of the person and is not merely transient or trifling in nature while Aggravated Assault is alleged to have occurred where the person receives an injury that would be described as a wound, a maiming, a disfigurement or an injury that endangers the person's life. A charge of Assault with a Weapon requires the application or threatened application of force against another person where a weapon is used to carry out that offence. One might imagine the weapon required would be a knife, a gun or baseball bat. However a weapon could be as simple as a pencil, a cup of coffee or any other object that is used during the course of an assault.

The penalties for these types of offences can range from a conditional discharge to several years in prison depending on the gravity and circumstances of the offence. It is imperative that an individual charged with any of these offences take them seriously and hire an experienced Criminal Lawyer to be on their side when attending Court. The Lawyers at Kafka Kort have successfully defended hundreds of these cases and are well versed with the defences that are available to their Clients in these matters. Common defences include self defence, defence of others, defence of property, de minimis, accident and complainant fabrication of allegations. We will thoroughly review your case file
and provide you with the appropriate legal advice to challenge the allegations before the Court.

Do not walk into that Courtroom alone, simply call one of our Lawyers and put our experience and knowledge
to work for you.

Property Offences are also sometimes referred to as Crimes of Dishonesty. Offences such as Theft, Fraud, False Pretences and Break and Enters are all commonly grouped as variations of crimes that involve some form of deception that unlawfully deprives the owner of their property whether it be goods or money. Ranging from a relatively minor theft involving shoplifting to white collar fraud involving millions of dollars, the penalties upon conviction can range from a Conditional Discharge to several years in the Federal Penitentiary depending on the nature of the offence.

The offence of Theft is usually divided into two categories, either Theft Under $5000.00 or Theft Over $5000.00 depending on the value of the property. A conviction for Theft Under $5000.00 carries a sentence of up to two years' incarceration whereas a conviction for Theft Over $5000.00 carries a potential sentence of up to ten years' in custody. The circumstances of the offence and your personal background play a central role in the determination of the appropriate penalty. For example, if the Theft is from your Employer or is considered a Breach of Trust situation the sentence would be significantly more severe than an individual suffering from emotional issues who steals a bag of chips from a store. The presentation of your situation before the Court by a skillful Lawyer is essential to a positive outcome. Of course, there are many defences available to this type of matter including your proof of ownership of property, your colour of right to the property or the fact that the allegations are simply false. Since a conviction for such a crime of dishonesty can have a serious impact on your future you need an experienced criminal lawyer to assist you in challenging the case in Court. Our Lawyers have decades of experience in defending all forms of allegations of theft.

The offence of Fraud is committed when a person by deceit, falsehood or other fraudulent means, whether or not it is a false pretense within the meaning of the Criminal Code, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service. As you can tell by the definition, this is an extremely complex area of law and offers significant penalties upon conviction including a period of incarceration up to 14 years if the State proceeds by Indictment. Common examples of large scale fraud are so called "white collar crime" where there is a corporate fraud perpetrated upon public shareholders of a company involving millions of dollars, or Ponzi schemes. But a Fraud charge can also be laid on much more simpler sets of facts such as a "bounced" cheque, or accepting money for home renovations and never completing the work. The defences to such charges are extremely complex and require dedicated hours of preparation by your Lawyer to achieve success during a Trial. It is imperative that an Individual facing such charges immediately gathers all their paperwork and computer records and preserve them for review by their Lawyer as soon as possible. The sooner you call Kafka, Kort, the sooner we can prepare your defence to the charges.

Break and Enter charges are laid when an Individual enters a person's dwelling house or commercial places of business without their consent. Usually, the offence of Break and Enter involves the Individual entering into a place with the intention of committing an indictable offence such as theft. The purported offence to be committed does not have to be theft; it could be an assault or a number of other offences. Contrary to popular belief, there is no need to actually 'break' or force entry into the house or business. Walking through an open door or window has been held to constitute a Break and Enter. Additionally, Break and Enter does not require any damage to the property that is unlawfully entered. Penalties upon conviction for such an offence, can range from a period of probation up to imprisonment for Life depending on the circumstances of the Break and Enter. The Lawyers at Kafka, Kort are familiar with the myriad of defences that are available to such a charge. Common defences are consent, entry with no intention to commit an indictable offence, honest mistake of fact and many others. We have conducted hundreds of Hearings in relation to these types of offences. Put our knowledge and experience to work for you right now. Give one of our Lawyers a call and they will be pleased to assist you in any of these matters.

There is a common misconception that young people charged with criminal offences will automatically be treated more leniently by the courts than adults or that they will simply have their charges dropped as a result of their youth. There is also a widely held belief that a conviction as a youth will not have a significant impact on a youthful individual or once they become an adult. Nothing could be further from the truth. Even people under 18 convicted of a criminal offence may face a significant period of jail for certain offences or be placed on lengthy terms of probation. Further, a criminal record as a youth does not automatically “disappear” at age 18 and may have a significant impact for the rest of one’s life.

There are special rights, protocols and procedures afforded to young people under 18. For example, the police are limited in their ability to take statements from young persons. Youth legislation gives the Youth the right to speak to a lawyer, a parent or another adult before the Youth decides whether or not to speak to the police. The lawyer or an adult can be present with the Youth when they make a statement to the police, unless the Youth decides not to have them present. A statement made by the Youth to the police that does not conform with those requirements cannot be used in Court by the Prosecution against the young person. Additionally there are many creative resolutions available to a Youth to deal with their criminal charges that does not involve a finding of guilt against them such as "warnings", a "caution" or "Extra Judicial Sanctions". All of these options can be utilized by a well-prepared and knowledgeable Criminal Lawyer to prevent registration of a conviction.

The lawyers at Kafka Kort are well versed with the requirements and protections contained in the Youth Criminal Justice Act and work tirelessly to protect the rights of young people before the courts. If you, your child, or someone you know is charged as a youth, please contact Kafka Kort to set up an appointment to discuss your case.

When one thinks of the offence of Robbery most people envision a scenario where one or more people are armed with handguns or sawed off shotguns and enter a Bank for a Hollywood style “Stick up”. Although that is one example of the offence of Robbery it is certainly not the most common set of facts that result in such a charge. In fact, Robbery actually refers to the taking of another person’s property by use of force, violence or threats of violence. You actually do not need to have a weapon to be charged with the offence of Robbery, nor do you actually have to physically hurt the person. A simple threat of violence may be enough to have a person charged with Robbery. Therefore Robbery can cover a diverse set of facts from the classic armed robbery of a Bank, to going to a corner store and threatening the clerk with violence in order to obtain money, or simply punching someone in the nose to get their ball cap or iPhone. In addition, you can even be charged with Robbery if you have committed a shoplifting offence at a store and then you use violence or a threat of violence to escape from the security personnel at the Mall. Any time force, or the threat of use of force coincides with taking property from another person, or an attempt to do so, a robbery allegation can be made.

However, just because a charge “can” be laid does not necessarily mean that you will be convicted of the offence.

The experienced Lawyers at Kafka, Kort understand the heavy onus of proof required to obtain such a conviction and have extensive experience in defending such charges. Many times “Identity” of the alleged offender is a key issue and a carefully crafted cross-examination of witnesses may expose the fact that the eyewitness testimony is neither reliable nor accurate. Indeed many studies have demonstrated, and Courts agree, that there are significant inherent frailties with “eyewitness identification”. Our Lawyers will explore such deficiencies in the Prosecution’s case and will skillfully test the credibility of all witnesses in order to raise a reasonable doubt in your favour.

Please be aware of the fact that the offence of Robbery is strictly an Indictable offence and one of the most serious offences in the Criminal Code of Canada. A conviction usually results in a significant period of custody and carries a maximum punishment of Life imprisonment. If firearms or restricted or prohibited firearms are used during the commission of the offence then there are mandatory minimum custodial sentences that must be imposed by the Court upon conviction. Since the offence is serious, you must retain a Lawyer that is equally serious about finding every avenue of defence that is available to you under the law. The Lawyers at Kafka, Kort are relentless in their pursuit of Justice on your behalf. Give one of our Lawyers a call and we will make your Liberty our number one priority.

Murder is the most significant and serious charge under the Criminal Code of Canada and mandates, upon conviction, the ultimate penalty of life imprisonment with varying lengthy terms of parole ineligibility. Murder, sometimes referred to as Homicide, has several classifications, including First Degree Murder, Second Degree Murder, Manslaughter and Attempted Murder. All of these are significant offences. The sentence for murder is life in prison.
In the case of First Degree Murder a convicted Individual is not eligible for parole until they have completed 25 years of their sentence. In the case of a Second Degree Murder conviction, the parole ineligibility is set by the Judge between 10 to 25 years. This is simply the date the Individual is eligible to apply for parole. It does not necessarily mean they will actually be paroled at that time. In fact, many convicted persons serve significantly longer sentences in excess of their parole eligibility date. Although the maximum sentence for Manslaughter or Attempted Murder is Life Imprisonment, there is no minimum sentence or mandatory parole ineligibility period dictated by the Criminal Code.

There are several defences to these types of charges. A common defence is self-defence and can provide a full exoneration of an accused person in reference to charges such as Murder, Manslaughter, and Attempted Murder. Provocation and Severe Intoxication can provide a defence to Murder allegations and reduce the charge to manslaughter but it cannot lead to a complete acquittal. This area of Law is exceptionally complex and you require
a Lawyer that not only has extensive knowledge in regard to such offences but also proven experience when dealing with such matters in Court. The Lawyers at Kafka, Kort have an extensive background in defending all manner of Homicide offences. At our Firm the Team approach is utilized to maximize the effectiveness of our resources to ensure that every avenue of defence possible to these charges is explored and analyzed to achieve the best possible results on your behalf.

Just being accused of having possession of Child Pornography can be an overwhelming and life altering experience. The painful stigma attached to that type of offence can be emotionally draining and create an exceptionally stressful existence while the charges are pending before the Court. Whether you are accused of making, transmitting, distributing, accessing or possessing child pornography the stakes are high and you must retain a Lawyer with considerable knowledge in this area of Law. A criminal conviction for any of these offences attracts severe penal consequences. Mandatory minimum sentences upon conviction are the norm and the minimum can range anywhere from three months in jail to at least one year in jail for certain offences. Please remember that these are the minimum sentences that can be imposed, not the maximum. Judges have no discretion to impose a lesser sentence than the minimum, regardless of the individual’s personal characteristics or sympathetic circumstances.

In addition, a finding of guilt in relation to any of these offences will result in a compulsory registration on the Sexual Offender Registry. Depending on the details and circumstances of the offence, such registration could extend to a maximum of a lifetime. As well, a genetic sample of your DNA may be taken from you and placed on the National DNA Registry for Life. The Court can also order an Individual to not attend any location where children under the age of 16 might be expected to be found including beaches, public swimming pools, parks and schools. A Judge can also order that individual to have no contact whatsoever with children under the age of sixteen, which can, in some cases, include their own children. As a result, such charges must be diligently and vigorously defended by capable legal Counsel.

Evidence in Child Pornography cases invariably comes from the Prosecution’s analysis of an individual’s home computer, laptop or smartphone by the State’s Investigators. Those investigators can determine what is on the computer and when it was placed on the computer but they cannot definitively determine who placed those photos or videos on the computer. This is where our experienced team of Lawyers and their computer and software Experts are critical to your defence. We may be able to successfully argue that the offending material was downloaded on the computer when the accused person had no access to that device. Alternatively, a critical analysis of the computer hard drive may reveal that some other Third party accessed the computer while “hacking” into the WiFi or internet cable connection without consent and by nefarious means. Additionally, well-trained Counsel may seek to challenge any Production Orders or Search Warrants that were utilized to obtain the evidence from the computer by arguing the State did not have appropriate grounds for the issuance of such Orders and therefore conducted an unlawful search and seizure contrary to s.8 of the Canadian Charter of Rights and Freedoms. If the argument is convincing, the Court may order exclusion of the offending material from the court proceeding.

Facing charges involving allegations of possession of Child Pornography is a degrading and humiliating experience. Knowing that our experienced Lawyers are on your side is reassuring. At all times we shall conduct ourselves in a distinguished and professional manner while relentlessly protecting your interests. We have only one goal in mind, protecting your liberty and obtaining the most positive result available on your behalf. Please give us a call, we understand.

Many people believe that offences that proceed before the Provincial Offences Court are minor in nature. In fact, some people refer to this Court as the "Highway Traffic Act" Court and still think it only deals with minor offences
such as parking and speeding tickets. Nothing could be further from the truth. Although it does deal with many speeding infractions it also has jurisdiction over offences pursuant to Environmental Statutes, Fish and Game legislation, Law Society Act Infractions and many more laws that are quasi criminal in nature. Available sentences include lengthy periods of incarceration and substantial monetary penalties. The Rules of Evidence and Procedure in this Court are strictly adhered to by the Jurist and the Presiding Justice of the Peace is well educated
and experienced in all matters of Law and Procedure that come before this Court.

Even a conviction for a speeding offence can have serious consequences for an Individual including significant financial penalties and demerit points that may put their right to drive in jeopardy, not to mention an increase in insurance premiums. Offences such as Careless driving can lead to a licence suspension and if there was an accident involved, a plea of guilty can be used against you as an admission of liability in a civil court for damages to be levied against you personally. A conviction for Driving while under Suspension will lead to a further loss of driving privileges and can easily result in a jail term. Obviously, Highway Traffic Act charges can have serious consequences for the average citizen. Our Lawyers are well trained to deal with all matters under the Highway Traffic Act, Compulsory Automobile Insurance Act and related Motor Vehicle Legislation. Do not walk into that courtroom alone, give us a call and we will be please to assist you.

Environmental statutes and regulations are a rapidly expanding area of the law, with many implications for both individuals and business owners. There are new requirements for environmental responsibility on Individuals and business owners alike that are onerous and demand the legal expertise of a qualified Lawyer. An experienced Lawyer can explain the effects and ramifications of these regulations on your home, cottage or business. In order to maintain compliance, you require sound and proper legal advice and experienced representation in Court should you have the unfortunate experience of going through a lengthy investigation or prosecution before the Courts. Let one of our experienced Lawyers guide you through the complicated maze of Environmental Legislation.

Shot a deer and thought it was a Buck but it turned out to be a Doe and you did not have a Doe Tag? Caught a fish and thought it was Pike but it turned out to be a Large Mouth Bass that you caught out of season? No one was looking so you thought you might take it anyway but then you get stopped by the Ministry of Natural Resources on your way home? Think a simple explanation will get you out of this situation? Think again. Conservation Officers have wide ranging powers of investigation. The penalties for such infractions can cost you a great deal of money by way of fine but could also lead to confiscation of your firearm, the motor vehicle or vessel that you used to transport the illegally obtained game and a lengthy suspension of your hunting or fishing privileges. Does not sound so simple now does it? The Lawyers at Kafka, Kort are not only well versed in hunting and fishing legislation but they are also up to date on the complex firearm laws. We hunt, we fish. We know how important these activities are to the avid outdoors person and we will do everything within the law to protect your rights and to preserve your passion for the outdoors.

Need a pardon?

It goes without saying that having a criminal record severely limits your career choices. But, what you may not understand is that having a criminal record can also severely limit your ability to travel, obtain custody of your children, attend post secondary education and even prevent you from volunteering in your community. In 2012, the Federal government changed the procedure for obtaining a pardon, now called a “Record Suspension”. In doing so, the government has made the application process longer, complex and more tedious. Obtaining a record suspension is no longer simply a quick exercise in completing paperwork.

Don’t get frustrated by trying to complete your own application. Book a time to meet with one of our Lawyers from Kafka Kort who will assist you throughout the entire process and provide professional legal advice and skillful drafting of your application to be submitted to the Parole Board of Canada. We also provide assistance to our clients in obtaining U.S. Waivers to allow individuals with criminal records to lawfully enter the United States of America.

The Criminal Injuries Compensation Board of Ontario was created to provide financial compensation to those individuals that are victims of violent crime in Ontario or are family members of deceased victims of violent crime. The Board has a mandate to treat all victims of violent crime with courtesy, compassion and respect for their personal dignity and privacy. The Board recognizes that although financial compensation can never erase the harm suffered by victims, it can assist them in meeting some of their monetary and emotional needs.

Being the victim of a violent crime can be a traumatic and demeaning experience. It also often results in unanticipated expenses, such as medical care, dental work, counseling or therapy, and lost wages. If you have been the victim of a violent crime you may be eligible to make an Application to Criminal Injuries Compensation Board to recoup some of your costs associated with the offence and to mitigate your pain and suffering. Further, if somebody in your immediate family has been killed as a result of a violent crime, you may also be entitled to compensation.

The Application process involves gathering information, compiling medical records, completing numerous forms required by Law, and appearing before a panel of the Criminal Injuries Compensation Board and providing evidence under oath to support your claim and convince the Board of your entitlement to fair compensation. In many ways, the Application process itself can be very complex, tedious and stressful especially when you are in a vulnerable state of mind. Let the experienced lawyers at Kafka, Kort guide you through this process and fight for your rights as a victim to receive the compensation that you deserve. Our Lawyers will work for you on a contingency basis and you only pay our fees if you receive a compensation order from the Criminal Injuries Compensation Board. Please give us a call, we are on your side.