Were you charged with resisting arrest in Toronto?
Section 270 of the Criminal Code of Canada creates the separate and distinct offences of Assault Police and Assault Resisting Arrest. Both offences require proof that the officer was acting in the execution of his duty, which includes, amongst other things, the requirement that the officer use reasonable force. In other words, if the arrest or other police action is not lawful, the accused has the right to resist, and cannot be convicted of either offence.
A police officer has grounds to arrest if there is an arrest warrant outstanding for the accused, if the officer witnesses a crime taking place, or the officer has reasonable and probable grounds to believe that an offence has been committed by the accused. If the police are investigating you, you have no obligation to speak to them, however, if an officer sees you committing an offence, you are required to identify yourself to the officer.
The Criminal Law Team has represented many clients who have been arrested by overzealous police officers. In some circumstances, the police are unaware of the limits of their powers to detain, investigate or arrest an accused.
We recently represented a client who was charged with possession of a weapon. The charge was dismissed after we were able to establish that the officers’ racially profiled our client for investigation, and thereby did not have sufficient grounds to detain him.
In another recent case, we were able to have assault police charges withdrawn in circumstances where the prosecutor was unable to produce a surveillance video of the incident, and there was a suggestion the police used excessive force.
The Criminal Law Team also successfully defended a client charged with resisting arrest and assault of a security guard at a mall. The charges were withdrawn when we were able to prove that the security guard forged a trespass notice to read that our client was prohibited from entering the mall for 20 years, when, in fact, he had only been prohibited from entry for 2 years. Since the allegations occurred 3 years after he was given the notice, the charges were withdrawn. In addition, by avoiding a criminal record for these charges, the client was not deported back to his native Portugal.
Were you charged with Resisting Arrest and Need Legal Counsel?
It is important to point out that the police have a right to detain a person for investigation where they reasonably suspect ongoing or recent criminal activity to have taken place, and they can connect the accused to a particular crime. Although, in these circumstances, the police are not allowed to search a suspect (prior to arrest) unless they have concerns for their safety, we do not suggest you resist arrest. You are best advised to be compliant, and allow the officers to search you (you do not have to empty your pockets, or admit to anything), even if you believe the police have no grounds to do so. Contact The Criminal Law Team, and we will help you to reconstruct the incident. We have extensive experience in dealing with incidents wherein our clients have been the recipients of police abuse of their powers to investigate, detain, or arrest.
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome. I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be. I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
Bruce ...The care and concern you showed us during our dealings certainly helped to reduce the stress we were under. I would recommend you without a second thought. Your winning record is a bonus as well. My husband and myself can't thank you enough for all you've done for our family.
Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)