Criminal Defence
The team at Newman Barristers has decades of experience defending all types of criminal charges at the trial level in the Ontario Court of Justice and the Superior Court of Justice. We have fearlessly advocated for hundreds of clients in their defence against a wide range of charges, including theft, all types of assault, fraud, robbery, criminal harassment, break & enter, kidnapping, human trafficking, firearm charges, drug charges, and murder, to name a few. We have defended many clients charged in large-scale, complicated project matters involving allegations of conspiracy and organized crime.
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We also regularly defend clients with quasi-criminal charges, which are charges laid under provincial, regulatory or administrative laws. These include, for example, charges under the Highway Traffic Act, the Cannabis Control Act, or the Excise Tax Act.
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Our lawyers have extensive expertise litigating Charter issues. We have successfully had evidence thrown out or charges stayed after a court found our client's rights were violated, including for racial profiling, failing to give rights to counsel, illegal detention and arrest, illegal searches, lost evidence, and delays in the trial process. We have particular experience litigating issues related to challenging all kinds of warrants. production orders, and wiretap authorizations.
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While our practice is located downtown Toronto, we serve clients all across Ontario. We regularly appear in courts in Toronto, Hamilton, Brampton, Milton, Newmarket, Barrie, Collingwood, Oshawa, and beyond.
Bail
Bail hearings
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Yes, we do bail hearings.
People often underestimate the importance of bail, and the impact a bail decision can have on an entire case. Accused people who are denied bail are more likely to plead guilty and are more likely to be found guilty. Being denied bail means waiting for trial while subjected to the terrible conditions of our provincial remand jails, which can cause immense amounts of personal, financial and psychological stress. It also makes it much more difficult to communicate with the outside world and preparing a defence.
Generally, an accused person gets one bail hearing. If they are detained, they don't have the automatic right to have the decision reviewed. It is important to hire an attentive and experienced lawyer to help prepare and conduct bail hearings.
Our team regularly coordinates with accused people, friends, family members and others to make sure a person who has been arrested puts their best foot forward at a bail hearing as soon as possible.
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Bail Reviews and 90-Day Detention Reviews (a.k.a. Myers reviews)
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A person who has been detained following a bail hearing can apply to have the decision reviewed, if they can establish that the original decision contains an error of law, or if there has been a change in circumstances that would justify reconsidering a person's release.
Not everyone is entitled to have the original bail decision reconsidered. The circumstances that may lead to a successful bail review application and release depend on a person's individual circumstances, their record, the charges, and plan of release.
If a person has been denied bail, or has not had a bail hearing, after 90 days they are entitled to appear in the Superior Court and have the Court consider whether their continued detention in custody is justified. This is referred to as a 90-day review or a Myers review. This kind of review can look similar to a bail review but is a different procedure with different considerations, and is triggered by an application by the jail where the person is being held.
Our lawyers can be consulted about navigating the often confusing bail review process, options and strategies to get the best second chance at release.
Bail Variations
You may have a bail order with conditions that you feel are too strict, are making your life difficult, or that are no longer justified. There are several ways to change the conditions of your bail, the most common and straightforward being negotiating with the Crown and having them agree to a change. If that doesn't work, you can apply for a bail review.
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Our firm routinely handles all forms of bail variation requests and we are happy to discuss your options with you if you need a change.
Legal Advice
There are many situations where a person may need legal advice or guidance related to a criminal matter. A few examples:
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You learn police want to speak to you about something, and you don't know if you have to talk to them.​
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You have been subpoenaed to testify in someone else's criminal case and want to know your options and obligations.​
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You believe you are about to be charged with something, or that you may have a warrant out for your arrest, and you want to know what you should do.
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Property belonging to you was seized as evidence during someone else's arrest, and you want to know if you can get it back.
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There are also things that you may want to do once your criminal case is over. This includes applying to have your fingerprints, photographs, and records of your arrest destroyed, recovering your own property that was seized as evidence at the beginning of a case, or applying for a record suspension (formerly known as a pardon).
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Our lawyers can be retained on a limited scope basis or to provide summary legal advice in a wide range of situations that you may face before, during, or after a criminal court proceeding. If you are looking for clarity about your options, call us and we will see how we can help. ​​