Bail You can be released on bail at the police station after you’ve been charged. This means you will be able to go home until your court hearing. If you are given bail, you might have to agree to conditions like: living at a particular address not contacting certain people giving your passport to the…

Getting arrested for DUI (or DWI) is serious business. You have a lot at stake. Every case presents a very real possibility of a Court fine, jail time, permanent criminal record, license suspension and sky high insurance rates. There are however legal and factual defenses to a DUI case that may be available to you. This article explains four of the numerous common defenses…

Gun and Gang Violence Firearm-related homicides in Canada have been steadily increasing, reaching a total of 223 in 2016, 44 more than the previous year. Shootings have now become the most common method of homicide, surpassing homicide by stabbing and beating. Gang-related homicides involving guns are no exception. In 2016 alone, police reported 141 gang-related…

Drug and alcohol abuse have complicated effects on the human mind and human behavior; as far back as 1995, the Journal of Health Care for the Poor and Underserved described the relationship between substance abuse and violence as a case of “cause and consequence.” The connection between drug addiction, alcoholism, and violence crosses many thresholds (individual psychology,…

WHAT IS A SEXUAL ASSAULT? Sexual assault includes any non-consensual touching or other physical contact between two persons that has a sexual nature. This offence is very broadly defined. It includes everything from what is traditionally described as “rape” all the way to a “stolen kiss” or a brief grab of a person’s breast or buttocks…

When dealing with the difference between “manslaughter” and “murder” it depends on the state of mind of the killer as well as the various degrees relating to murder. Definition of Murder In California murder is defined as killing somebody with “malice aforethought,” which is malice. The two types of malice is “express malice” and “implied malice.” Express…

The use of a firearm in the commission of a criminal offence such as robbery or sexual assault is considered to be an aggravating factor (or merit a much more serious criminal penalty). However, using a firearm during the commission of an offence is a standalone charge and is codified within the Criminal Code under section…

One offense that may cause confusion is a conviction for driving under the influence of alcohol or drugs. On the one hand, a DUI is an offense that can only occur while driving. As a result, many people assume a DUI will show on a driving history check but not on a criminal background check.  On the other hand,…

Manslaughter is an unlawful killing that doesn’t involve malice aforethought—intent to seriously harm or kill, or extreme, reckless disregard for life. The absence of malice aforethought means that manslaughter involves less moral blame than either first or second degree murder. (But plenty argue that some instances of felony murder, a form of first degree murder, involve…

You may think that a murder is a murder and the person who committed the murder should face the harshest penalties for that act. However, the law has determined the facets of a murder based on its circumstances. These circumstances take into account things like intention and how the act was committed, then give it…