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Under most circumstances, police or other authorities searching for contraband and/or criminal evidence cannot intrude upon the privacy of a person or their property without a properly issued search warrant. Section 8 of the Canadian Charter of Rights and Freedoms provides Canadian citizens with protection against unreasonable search and seizure, and whether or not a search was reasonable or a search warrant properly issued and followed can have a significant impact on the viability of any criminal charges that are based on evidence seized as a result of such a search.
A search warrant can be issued by a judge if the police present reasonable and probable grounds that an offence has been committed or that evidence of an offence will be found at the location of the requested search. That location can be a home, office, car, or any other specified location and a valid search warrant gives police the right to search that given area, at a given time, for items that have been approved by a judge. However, there are also situations where, assuming reasonable and probable grounds exist, a search may legally be undertaken by the police without the necessity of a search warrant; to ensure safety for law enforcement and civilians, to prevent the imminent destruction of evidence, or in a case where evidence or contraband is in plain view. In addition, warrants are not always required to search a person during a lawful arrest, to search a car that has been legally stopped, or if consent is given by the subject of the search.
As noted, whether a search and seizure followed the requirements of the law can play a large role in whether or not certain evidence can be used against a defendant at trial and thus can play a large role in determining whether the prosecution will be able to prove its case beyond a reasonable doubt. The law of search and seizure in Canada is as complex and confusing as it is important, and it is crucial to retain an experienced criminal defence lawyer who can evaluate whether a search warrant was properly obtained, whether your rights have been violated, and whether evidence, and the charges themselves, may be thrown out. A skilled defence lawyer knowledgeable about this nuanced area of the law can protect your rights, formulate and execute the most effective defence strategy, and seek the best possible resolution to your unique case.
Since 1996, the law firm of Mitch Engel, Barrister & Solicitor has been providing clients throughout the Oshawa, Brampton, and Mississauga areas with top-level criminal defence representation. Mitch focuses exclusively on criminal law and his extensive experience has given him excellent insight and strategic instincts about how to prepare and present the best possible defence in each unique case.
His commitment to integrity, his passion and professionalism, and his excellent track record have earned him the respect of clients, colleagues, and courts throughout the Toronto area. A strong and zealous advocate, Mitch Engel stays available to his clients 24/7 and works on a block fee basis, meaning that his clients pay an initial retainer, which is then applied toward a fee for his services. He understands that his clients are making an investment in him, and works tirelessly to earn that trust and provide the advice and guidance they need. Call Mitch at (416) 944-8882 to get the legal advice you need to reclaim your life.
Request a ConsultationMitch Engel stays available to his clients 24/7, and is committed to clear communication with a client at every stage of the case.
Mitch Engel stays available to his clients 24/7, and is committed to clear communication with a client at every stage of the case.
This is an opportunity for you to meet with us and discuss your legal issue in more detail. We will answer your questions and explain your options.
(416) 944-8882When you’re facing a challenge, hiring the right lawyer is one of the most important decisions that you can make to protect yourself. This is never more true than when it comes to criminal charges. If you have been charged with a crime or you suspect that criminal charges may be in your future, you need sound legal advice now. Your reputation, your finances, and your freedom may well depend on the decisions you make with regard to your legal defence.
Some people opt to represent themselves in criminal cases, but the truth is that having an experienced criminal defence lawyer on your side can dramatically increase your chances of obtaining a favorable outcome. Some of the common—and ill-advised—reasons that people decide to defend themselves include:
Never assume that your case will be straightforward. You’ll be facing a Crown prosecution with the entire weight of the Ontario legal system behind it, and even a seemingly simple case can present complicated questions about evidence, criminal law, and court proceedings. Without a thorough knowledge of the law and how criminal procedures operate in cases like yours, you can easily make an error or oversight that could cost you dearly. A competent, qualified criminal defence lawyer like Mitch Engel will be identify the strengths and weaknesses of your unique case, stand up for your rights in court, and provide a much-needed defence against the charges you face.
Contrary to popular wisdom, the truth will not always set you free. Even if you have done nothing wrong, you still need a criminal defence law firm in your corner to persuade a court to see things your way. Your lawyer can analyze every detail of the prosecution’s evidence against you and present an effective defence strategy that will give you the opportunity to put this experience behind you.
Yes, legal advice costs money, but quality legal representation may be within your reach. A good legal defence should be viewed the same way that you would look at a lifesaving medical procedure. Do you want the cheapest doctor available, or do you pay for experience, talent, and a track record of success? It is the same way with lawyers. Of course you need a lawyer with reasonable fees, but instead of basing your decision strictly on bargain shopping, talk to lawyers about their training and experience handling cases like yours. Ask questions and make sure to put your case—and your future—in the hands of a confident and seasoned professional you can trust.
Mr. Mitch Engel has been practicing criminal law for nearly 30 years and offers a wealth of knowledge and experience. We all know that criminal charges can be emotionally distressing and devastating. Mr. Mitch Engel can help you fight your criminal charges. If you have been charged with a criminal offence, Mr. Mitch Engel provides free initial consultations. Contact him to review your criminal case.
The initial Evaluation will typically last about an hour. Please bring to the meeting any documents that may relate to your case including papers that may have been provided to you by the police when you were charged.
Please complete the form below or call to schedule a free initial Evaluation and case review.
Really good lawyer and has helped me on several charges now. When this guy says don't worry...... don't worry.