Case Profile – The Barbershop Assault Trial

October 21, 2014
October 21, 2014

Allegations:

My client was accused by an acquaintance of having perpetrated an unprovoked attack against the “victim” from behind with a steel chair as he sat in a barbershop chair.  The “victim” was with my client’s son at the time and there had been rumors that the “victim had been sleeping with my client’s wife and may even have been the father of the child.

 Charge:

Assault with a Weapon

Evidence:

The victim gave a statement to the police and had photographs taken of his injuries which was a small abrasion on his wrist as well as a bruise on his lip.

Client:

The client was adamant that he did not commit any assault  against the “victim.”  He said the “victim” attacked him and that he grabbed a chair while under attack and threw it at the “victim” to prevent the continuing assault the “victim” was perpetrating on him.

Strategy:

Given that the complainant complained of an unprovoked, vicious attack, with a weapon, the Crown was not willing to withdraw the charges.  My client, having stated that he was not guilty, was not in a position to plead guilty.  A trial was set.

I met with my client on numerous occasions to get as much background as possible with respect to the relationship he had with the “victim.”  We also spent a significant amount of time preparing for my client’s testimony at trial.  My client was very emotional about the situation and obviously very upset.  We spent a lot of time preparing him to testify calmly and in a concise manner, so that his evidence would be presented to the Judge as strong as possible.

At trial, I focused my cross-examination of the “victim” in three areas:

(1) The relationship he had with my client’s wife was more than he led on.  In fact, he did not admit that he was with my client’s son until after being asked repeatedly in cross-examination.  He admitted to having traveled to a foreign country with my client’s wife as well.  We established that he held a great deal of animosity towards my client.  This animosity was important to establish to the Court.  He had a motive to lie and make up the allegations.

(2) The physical evidence made did not accord with the “victim’s” testimony.  The “victim” stated he received was hit from behind at full force with a steel chair.  The chair came from over his head and from his testimony, it was hard enough that it almost killed him.  Yet from his testimony, he was able to stand up right away and defend himself.  He also had no injury to the back of his head.  In fact, the only injury to his head was a very minor bruise on his lip.  This was important in that it established that the “victim’s” version was implausible and that he was likely not being truthful about what actually occurred.

My client testified that once he saw his son being taken by the “victim” he followed them because his son has said repeatedly that he “did not like that man.”  He testified that he went to the barbershop, asked for his son, an argument ensued, and he was ultimately attacked.

Result:

The trial finished, and the matter was adjourned for final submissions by the Crown and Defence.  The Crown Attorney after having heard all the evidence, called me and said that on the basis of all the evidence, he does not think it would be proper for the prosecution to continue and that my client should be acquitted.  On the return date, the Crown Attorney invited the presiding Judge to dismiss the charges against my client.  All charges dismissed.

If you have been charged with a criminal offence contact Neil Singh at (905) 853-1078 or (416) 607-5414.  Click here to contact us via email.


Neil Singh is an experienced criminal lawyer who has a proven track record of successfully defending people charged criminally. With offices conveniently located in Toronto and Newmarket, we are able to assist those charged throughout the GTA.

 

Representing individuals charged in Toronto, Etobicoke, Scarborough, North York, Rexdale, York region, Newmarket, Aurora, Richmond Hill, Vaughan, Woodbridge, Maple, Kleinburg, Concord, Markham, Keswick, Georgina, King City, Peel Region: Brampton, Mississauga, Malton; Orangeville, Caledon, Durham region, Oshawa, Whitby, Ajax, Pickering, Halton Region, Milton, Oakville, Burlington, Georgetown, Halton Hills, Simcoe County, Barrie, Bradford

Do I Need a Lawyer?

August 19, 2014
August 19, 2014

You’ve been charged with a criminal offence.  After the initial shock wears away, you have come to the decision that you should hire a lawyer to represent your interests in Court. In almost all cases, I would agree that people who have been charged by the police should retain counsel to defend them against the charges they face.  Whether you decide to hire myself or not, a lawyer has the benefit of many years of legal training at law school and in practice.  An experienced lawyer will also be familiar with the people who will be involved in determining your fate: the police, the crown attorney, the judge, etc.  Knowing how to negotiate with the Police and Crown Attorney, and being able to present a case properly to the Court are the best ways to ensure a positive outcome of your charges. Many people do not want to incur the expense of hiring a lawyer.  Sure.  This is completely understandable.  But with that being said, I always urge my clients to think big picture.   Yes you will incur an expense now.  But, you can rest assured that you will be defended fully and vigorously in Court.  You will be defended by someone with legal training and experience in the Court.  You will be defended by someone knowledgeable in the law. Of course you have the right to defend yourself.  But most people do not have the experience that criminal lawyers have in defending people before the Court.  And while you will save  money in not hiring a lawyer, I urge you to think of the potential downside which can last for a lifetime.  Aside from spending time in jail, some of the potential consequences include: loss of employment, inability to obtain future employment, loss of driving privileges, increased insurance rates, inability to travel to the USA and other countries, being subject to supervision in the community by a probation officer, having to submit your DNA for the National Databank, or having to register as a sex offender. The ramifications of a criminal conviction are catastrophic, and I urge you to retain an experienced lawyer.  If you seek to retain my services for your criminal defence, I will work hard to clear your name.  I will bring my knowledge, legal training, experience and passion to the table each and every day.  I will work with you to advance the strongest defence available in law. If you are facing criminal charges or are being investigated by the police, exercise your right to counsel and contact Neil Singh at (905) 853-1078 or (416) 607-5414.  Click here to contact us via email.


Neil Singh is an experienced criminal lawyer who has a proven track record of successfully defending people charged criminally. With offices conveniently located in Toronto and Newmarket, we are able to assist those charged throughout the GTA.

 

Representing individuals charged in Toronto, Etobicoke, Scarborough, North York, Rexdale, York region, Newmarket, Aurora, Richmond Hill, Vaughan, Woodbridge, Maple, Kleinburg, Concord, Markham, Keswick, Georgina, King City, Peel Region: Brampton, Mississauga, Malton; Orangeville, Caledon, Durham region, Oshawa, Whitby, Ajax, Pickering, Halton Region, Milton, Oakville, Burlington, Georgetown, Halton Hills, Simcoe County, Barrie, Bradford

Police Questioning / Interrogation

May 20, 2014
May 20, 2014

There are few real-life situations that are more terrifying than being interrogated by the police.  You are brought into a cold cinder block room.  There is nothing but a small table and two chairs.  Cameras and microphones are strategically placed to record everything that occurs in the room.

You are placed in the room by yourself and directed which chair to sit in.  The police are in complete control over you and your freedom.  You are told to wait and then, you are left alone.  There is no clock in the room, you have no idea how long you will be there.

Suddenly after what seems like forever, a police officer enters to start questioning and accusing you of committing a crime.  This officer has likely been trained in interrogation techniques.  This officer has been trained to speak to you until you confess or incriminate yourself in some way.

What are your rights?

If you have been detained or arrested you have many rights.  You have the right to contact a lawyer for advice prior to any police questioning.  You have the right to remain silent. You do not have to say anything to the police in response to the charges.

You have the right not to be questioned in a manner that is so oppressive that your free will is overcome.  Whether an interrogation crosses this line however, is not very clear.  An interrogation can be very long and aggressive without being coercive.

For adults, you do not have a right to have a lawyer present during an interrogation. But you do have the right to contact a lawyer, and you should. Contacting a lawyer at the earliest opportunity is very important.  An experienced lawyer will not only inform you of your rights, but give you advice on what you can do to withstand a police interrogation.

Remember, the police are not obligated to stop questioning you once you have spoken to a lawyer.  They are also not obligated, in most circumstances, to put you  in contact with your lawyer again if you request it during your interrogation.  In some circumstances, the police can even tell you that they have certain evidence of your guilt, even when they do not.  The court in many circumstances will allow this type of police trickery.

In many ways, the ‘deck’ is stacked against you in an interrogation room.  The law evens the playing field by letting you speak to a lawyer for advice.

You will always have the opportunity to tell your side of the story, if you choose.  That is what trials are for.  Interrogations are designed to make you look guilty.  The police have already made up their mind that you are guilty, so do not expect them to be impartial.  Judges preside with impartiality.  If you choose, wait to tell your story to them.

Make the right choice: remain silent.

If you have been arrested, exercise your right to counsel and contact Neil Singh at (905) 853-1078 or (416) 607-5414.  Click here to contact us via email.


Neil Singh is an experienced criminal lawyer who has a proven track record of successfully defending people charged criminally. With offices conveniently located in Toronto and Newmarket, we are able to assist those charged throughout the GTA.

 

Representing individuals charged in Toronto, Etobicoke, Scarborough, North York, Rexdale, York region, Newmarket, Aurora, Richmond Hill, Vaughan, Woodbridge, Maple, Kleinburg, Concord, Markham, Keswick, Georgina, King City, Peel Region: Brampton, Mississauga, Malton; Orangeville, Caledon, Durham region, Oshawa, Whitby, Ajax, Pickering, Halton Region, Milton, Oakville, Burlington, Georgetown, Halton Hills, Simcoe County, Barrie, Bradford

Investigation & Arrest

May 15, 2014
May 15, 2014

Your worst nightmare has come true. The police have stopped you and investigated you. Before you know it, you have been arrested and charged you with a criminal offence. You are probably scared, overwhelmed, and embarrassed. You are at the mercy of the police.

 

The single-most important thing I can tell you is that a charge is just a charge. It is not a conviction; it is not a criminal record. Just because the police believe you have committed a crime, it does not mean that you have committed a crime. It also does not mean that they can prove you have committed a crime. It is extremely important to retain an experienced criminal lawyer who can help you protect your legal interests from the earliest possible opportunity.

 

An experienced lawyer can help you protect yourself.  Things you do and say may be used against you by the Crown Attorney to try to prove that you are guilty, even if you are not.

 

Every person in Canada is guaranteed certain rights. You have a right to silence. Assert your right to silence. You also have a right to consult with counsel upon arrest and detention. Exercise this right. Speak to an experienced criminal see cell lawyer, you will receive invaluable advice on how to be in the best position for the legal battle that lies ahead.

 

A criminal record can have disastrous consequences. It can affect your employment, your family, your ability to travel. Your freedom may be at stake.

 

If you have been arrested, exercise your right to counsel and contact Neil Singh at (905) 853-1078 or (416) 607-5414.  Click here to contact us via email.


Neil Singh is an experienced criminal lawyer who has a proven track record of successfully defending people charged criminally. With offices conveniently located in Toronto and Newmarket, we are able to assist those charged throughout the GTA.

 

Representing individuals charged in Toronto, Etobicoke, Scarborough, North York, Rexdale, York region, Newmarket, Aurora, Richmond Hill, Vaughan, Woodbridge, Maple, Kleinburg, Concord, Markham, Keswick, Georgina, King City, Peel Region: Brampton, Mississauga, Malton; Orangeville, Caledon, Durham region, Oshawa, Whitby, Ajax, Pickering, Halton Region, Milton, Oakville, Burlington, Georgetown, Halton Hills, Simcoe County, Barrie, Bradford