An experienced Toronto criminal defence lawyer will examine your case in detail and conduct research to uncover new evidence and potential violations of your Charter Rights. Even when your case seems like a “slam dunk” for the Crown, there could be a loophole or procedure error that could prove beneficial.
Jeffrey Reisman is not afraid to challenge Provincial and Federal charges in Ontario or question authorities and hold them accountable for your Canadian Charter of Rights and Freedoms. Reisman has a proven record of success and will do his best to help fight the charges against you using various tactics, including but not limited to:
Arguing and filing against evidence that was obtained in direct violation of your Charter Rights. Law enforcement sometimes obtains evidence in a manner that violates a person’s Charter Rights. When this occurs, the evidence cannot be used against the person and can be eliminated from the case.
Challenging the validity of consent searches and searches that violate search warrants. The police cannot search a person or premises until they have produced a search warrant or obtained consent. Then they may only search the person or area for which consent was given or detailed in the warrant.
Challenging law enforcement’s lack of or inappropriate use of probable cause. Probable cause gives the police the right to identify an immediate medical emergency, state of duress, or other emergency to allow them to enter premises or search a person. The police tend to abuse this power and misuse it.
Arguing police's use of the Highway Traffic Act to make illegal stops and searches. The Highway Traffic Act empowers the police to enforce traffic laws. However, police officers often use the Act as a means to pursue the investigation of other criminal offences not directly related to violations of the Highway Traffic Act.