Getting arrested and being charged with a crime are two of the most frightening experiences you’ll ever go through. The results of the case to come can be life-altering.
Even innocence cannot protect you: Saskatchewan courts prosecute innocent people every single day. Courts and law enforcement officials aren’t concerned with your factual guilt or innocence, only your legal guilt or innocence. If they can work up a case against you, come up with a theory of the crime that puts you front and center, and sell it to a jury, then you may well go to jail.
That’s where a strong criminal defence lawyer comes in. We can help you defend your rights and minimize the impact these charges will have on your life. We don’t care about your factual guilt or innocence either: we only care about what the prosecution can prove, and how well we can undermine their case.
In many cases, we work to get your charges dropped or dismissed, or work to achieve alternative sentencing or deferred prosecution deals so you can get on with your life.
Estevan, SK DUI Charges
DUI or DWI charges are some of the most common charges we see in Estevan. Anyone can make a mistake or misjudge how much they had to drink before getting behind the wheel. While we always advise people to get a ride if they’ve had anything at all, good people sometimes make bad mistakes.
If you are over the age of 21, you can be charged with drunk driving if you register a blood alcohol concentration (BAC) of 80 milligrams or more. If you are under the age of 21, there is a zero-tolerance policy: you can’t legally drive with any alcohol in your blood. If you are tested for cannabis use you can be charged with DUI if you have 2 nanograms of THC per milliliter of blood.
Breathalyzer tests are inaccurate at least 40% of the time. Field sobriety tests can be wildly inaccurate if administered improperly. Often, we are able to handle these charges by attacking the validity of the evidence.
Whether we will be able to use such a defence in your case entirely depends on the facts of your case.
Estevan, SK Assault Charges
Think that minor bar fight isn’t really a crime? Think again. An assault charge can be very serious. Under SK law, assault is “any unlawful touching of another person with an intent to apply force.”
You may also be charged with common assault for verbal threats, or threats made via gesture.
There are three levels of assault in SK: common assault, which is the least serious, assault with a weapon or causing bodily harm, or aggravated assault in which the victim is wounded, maimed, was disfigured, or was in danger of losing their life as a result of the assault.
There are defences. Consensual touching is okay, so long as we are talking about a situation where consent is possible. Sometimes the event in question was an accident, and there was no intent to commit a crime. Self-defence is another common defence against assault charges.
Our expert team defends against all assault charges, including domestic assault.
Estevan, SK Drug Charges
Hard drug use is very prevalent in Estevan. It’s bad enough that Estevan has had to create special plans to handle crystal meth use.
We help both with possession charges and with trafficking charges. The latter charges are especially serious as they can become federal charges with steeper penalties.
The severity of the charges will depend on the drug you possessed, how much you possessed, and whether it is evident you were manufacturing it, trafficking it, or intended to sell it.
Cannabis is now legal in Saskatchewan for ages 19 and up, but there are limits on how much you may possess or use in a public place.
Estevan, SK Theft & Fraud Charges
Theft and fraud are very similar: each is a crime that is designed to deprive someone of their rightful property. Only the means really differ. Fraud uses deception to get the job done, whereas theft uses other means.
There are two levels of both crimes: theft or fraud where the value of the property is $5000 or less, and theft or fraud where the value was over $5000. Theft or fraud over $5000 does, of course, carry much heftier penalties.
There are a number of defences we can use in these cases. For example, theft relies on intent. If you did not intend to take the property, thought it was yours, or had good reason to believe you had permission to use it then you are not guilty of fraud. We work hard to make these cases on behalf of our clients.
Estevan, SK Sexual Assualt & Rape Charges
It’s never comfortable to talk about rape or sexual assault, but if you’re being charged with these crimes it’s unavoidable. Sexual assault charges involve any form of unwanted sexual touches and can range from a mere inappropriate touch to sexual intercourse without consent. The charge of sexual assault covers all the variations that can occur in these cases.
These charges become even more serious if you are accused of sexual assault against a minor.
Do not attempt to talk to the alleged victim about the case. You may be tempted to try to “clear up” the “misunderstanding,” but this can only make things worse. Reach out to our team to get help immediately.
Estevan, SK Homicide Charges
The Saskatchewan homicide rate is the highest of all provinces. Homicide covers both murder and manslaughter.
Murder occurs when the accused caused a death that they intended to cause, or caused death when meaning to cause serious bodily harm but knowing death could be the result or being reckless as to whether or not death would result, the accused caused a death while committing a robbery, or the accused caused a death while pursuing an “unlawful object” that they knew was likely to cause death.
Manslaughter occurs when the accused commits an objectively dangerous act that is likely to injury another person, and that act in fact caused a person’s death. You must have intended to commit the underlying act and the Crown must prove the act that you took was objectively dangerous.
Get Help Today
We will vigorously defend your rights! The lawyers at our offices tend to have 20 years of experience or more. We understand what it takes to help you handle these and other criminal charges you may be facing.
In many cases, we can negotiate to have the charges dropped, dismissed, or reduced. In some cases, we may be able to get you entered into a diversion program in lieu of jail, or negotiate for probation time over prison.
If your case does not lend itself to such negotiation, we will fight hard to see you acquitted at trial.
If you or a loved one are in trouble, don’t hesitate. Call (306) 634-7777 to schedule a case evaluation today.