Successful Criminal Law Cases
Shane Martinez has built a long list of successes when it comes to criminal law cases. Here are just a few of his most recent ones.
R. v. N.W. (2017)
Charges were withdrawn after counsel was able to demonstrate, using security footage, that client was acting in self-defence. The charges initially were assault with a weapon and carrying a concealed weapon following violence in a federal prison that involved a serious stabbing.
R. v. D.C. (2017)
Charges were withdrawn after counsel was able to establish that client could not definitively be connected to the crime. The client was facing charges of burglaries in two jurisdictions. Hundreds of thousands of dollars in valuables and jewelry had been stolen.
R. v. D.C. (2017)
Deal made with the Crown that a client accused of assaulting a demonstrator at protest in Toronto would donate money to a community charity but would not have to formally apologize or admit guilt. Following the donation and the issuing of a Peace Bond, the Crown withdrew charges.
R. v. T.P. (2017)
Counsel was able to convince the Crown there was very little chance of conviction in the robbery and alleged car-jacking case. The major win in this case was that the description of the suspect was quite different to the client’s appearance. Thus, the Crown withdrew the charge.
R. v. R.M. (2017)
Crown withdrew charges of assault in the workplace in exchange for a peace bond. The client was accused of excessively punching a co-worker in the fight. Counsel was able to develop a remedial plan before pre-trial and helped the client understand the process.
R. v. E.S. (2015)
Charges were stayed by the Crown in a case of alleged importation of cocaine and conspiracy to commit an indictable offence. The client had been arrested at the Pearson International Airport. The Crown accused the client of being in charge of a cocaine importation ring. Counsel was able to put forward a Charter application that raised questions of the client’s rights being violated, particularly the right to counsel and security of person.
R. v. J.S. (2017)
Crown withdrew charges after counsel was able to cast doubt on the strength of the case against a client facing auto theft charges. While the client’s fingerprints were discovered on the stolen vehicle, counsel noted case law positions that indicated this evidence would not be enough for a conviction. In addition, counsel was able to show that the client and suspect on the security footage from the parking garage were not the same individual.
R. v. T.B. (2015)
Client was freed from charges of assaulting a court officer during a transportation from jail to court. Counsel’s case was strengthened by security video that showed the court officer punching and kneeing the client. The actions raised questions about the Use of Force Policy that indicated acceptable conduct of Toronto Police offers, which includes court officers. A stay of proceedings was applied for on the grounds that the client’s Charter rights were violated.
R. v. E.M. (2016)
Charges of criminal harassment, conveying false message and threatening death were all dropped in exchange for a peace bond. The client had a criminal history and the Crown was determined to take the matter to trial. Yet, counsel was able to show how the complainant may have filed a false complaint against the client because she was the accused in a different criminal case.
R. v. R.B. (2016)
Client was found not guilty on several counts of sexual assault and sexual interference. Counsel was able to have half the charges withdrawn at the preliminary inquiry stage. During the Superior Court stage, a Charter application accused the police of failing to preserve crucial evidence, which interfered with the client’s rights. It was further shown that law enforcement officers may have guided the complainant and witnesses on what to say in court. The trial last a week but the client was freed as a result.
R. v. J.A. (2016)
Counsel was able to charges of assault causing bodily harm, assault with a weapon and uttering threats dropped. While the Crown wanted a penitentiary sentence, pre-trial discussions showed problems with the Crown’s case. As a result, the client agreed to a counseling plan and a peace bond.
R v. C.S. (2016)
In exchange for a charitable donation, the Crown was convinced to drop the charges of theft under $5,000 in a case of a missing deposit at a bank. Counsel was able to established that based on video evidence the client did nothing wrong.
R. v. S.W. (2016)
A two-day trial resulted in the client being found not guilty on charges of threatening death. Although the Crown was asking for jail time of one month, counsel was able to show that the complainant may have made up the allegations after a disagreement with the client.
R. v. E.M. (2016)
Counsel was able to convince the Crown that there was no reasonable chance of a conviction against the client, who was charged with theft over $5,000 and breaking and entering. Despite the Crown claiming it had DNA evidence linking the client to the scene, they dropped the charges.
R. v. T.M. (2016)
Client was ordered to complete community service in exchange for charges of assault with a weapon and uttering threats being withdrawn. Although the Crown wanted a custodial sentence, several pre-trials convinced them to drop the charges.
R. v. D.N. (2017)
Charges of sexual assault were withdrawn, and a peace bond issued after the client agreed to undergo treatment for addiction and mental health issues. This case was particularly complex as the client was not a Canadian citizenship and may have faced immigration problems.
R. v. W.U. (2017)
A domestic assault charge was withdrawn, and a peace bond was drawn up. The key was counsel’s ability to demonstrate the power of the defence during the pre-trial
R. v. A.R. (2015)
Community service hours were served in exchange for the Crown withdrawing charges of robbery against client.
R. v. E.M. (2015)
Counsel was able to negotiate charges being dropped in exchange for the client making a charitable donation in a mischief case.
R. v. R.C. (2015)
Charges were withdrawn in exchange for a peace bond following assault charges against client. The situation was precarious due to the client’s lack of immigration status in Canada
R. v. N.S. (2015)
Crown withdrew charges in exchange for a peace bond after a client was accused of assault, criminal harassment and uttering threats in a domestic skirmish.
R. v. C.M. (2015)
Counsel negotiations resulted in the Crown dropping charges of assault, uttering threats and mischief after client agreed to peace bond.
R. v. D.F. (2014)
Counsel was able to clear the name of a client who had been accused of committing an indecent act. The defence successfully demonstrated that the acts were not done in public nor was there intention to offend. Crown withdrew the charges.
R. v. A.D. (2014)
Counsel was able to resolve the case, which was based on assault with a weapon charge. The Crown had asked for three weeks in jail for a guilty plea but ended up settling for a peace bond.
R. v. C.J. (2014)
The Crown was forced to withdraw charges of assaulting a correctional officer after counsel was able to prove no assault took place. Security video from the jail was key to the defence in this case.
R. v. J.B. (2014)
Counsel was able to have charges of possession of a prohibited weapon and possession of marijuana for the purpose of trafficking dropped.
R. v. R.R. (2014)
Crown withdrew charges following the signing of a peace bond by client accused of threatening death against his former partner.
R. v. J.D. (2014)
Charges were withdrawn after client agreed to mental health rehabilitation. The client had been accused oftheft under $5,000 and breach of trust in a workplace situation.
R. v. R.G. (2014)
The Crown withdrew charges of threatening death against his former partner after client agreed to a peace bond.
R. v. I.K. (2014)
Counsel was able to convince the Crown to drop shoplifting charges following the completion of a diversion program.
R. v. C.J. (2014)
Client was found guilty on charges of possession of cocaine for the purpose of trafficking, possession of proceeds of crime and obstructing police. A week-long trial at Superior Court ended after the judge determined the officer involved had been involved in trickery. Counsel was also able to demonstrate that the client’s Charter right had been breached. In the end, it was determined the client had no knowledge or control of the drugs.
R. v. N.D. (2013)
All charges were withdrawn after client agreed to a peace bond in a case of assault and assault with a weapon. The complainant suffered injuries after a bottle was allegedly used against him in a fight. Although the Crown asked for jail time they agreed to settle for a peace bond.
R. v. T.L. (2013)
A client who was considering immigrating to Canada was charged with assault. Counsel was able to devise a plan where the client would undergo anger management training in exchange for the Crown dropping the charges. The Crown agreed and the client was able to resolve the case without it impacting his plant to stay in the country.
R. v. D.S. (2013)
Crown dropped assault charges and unlawfully being in a dwelling that came out of domestic dispute situation after the client agreed to a peace bond. The client was concerned that he may lose his job if he was found guilty due to the nature of his work. He also agreed to undergo a Partner Assault Response Services course and the Crown withdrew the charges.
R. v. L.N. (2013)
Counsel was able to get assault with intent to resist arrestand possession of marijuana charges withdrawn with the signing of a peace bond. In addition, the Crown had been presented with affidavits from eye witnesses that raised questions of police misconduct that also lead to the dropping of the charges.
R. v. M.D. (2013)
Following long discussions with the Crown, counsel was able to get robbery charges reduced to mischief and the client received an absolute discharge. In this case there had been multiple witnesses and co-accused who implicated the client.
R. v. J.L. (2012)
A serious home invasion lead to client being charged with aggravated assault, assault with a weapon, weapons dangerous, forcible confinement, threatening death and robbery. Because the accused had a criminal record the Crown was seeking four years imprisonment for a guilty plea. Counsel’s negotiation and demonstration of the weakness of the case lead to the Crown dropping the charges.
R v. E.N. (2012)
The Crown was determined to go to trial with theft over $5,000 charges against client in an alleged bank fraud scheme that had lead to tens of thousands of dollars being stolen. However, counsel was able to show that the lack of video evidence against the client as well as the possibility that the client’s identity had been used by another individual. The charges were dropped.
R. v. A.D. (2012)
Counsel was able to get a withdrawal of all charges in the case of a firearm that was recently reclassified as a prohibited weapon. The client had been charged with several counts, including unauthorized possession of a firearm, possession of a firearm obtained by the commission of an offence, unauthorized presence of a firearm in a motor vehicle and several other firearm offences.
R. v. B.B. (2012)
Counsel secured a withdrawal of charges in a case where a shopkeeper claimed the client had threatened death and allegedly said he had a firearm. During a judicial pre-trial, the defence put forward information that showed the shopkeeper’s claims were not true. A peace bond was signed and charges were dropped.
R. v. K.C. and K.B. (2012)
Migrant farm workers in southern Ontario went to visit a friend in Toronto for the day and ended up being arrested during a police raid. They were charged with possession of cannabis for the purpose of trafficking as well as possession of proceeds of crime. Counsel was able to get bail for both quickly and to have the charges withdrawn by the Crown.
R. v. M.D. (2012)
Counsel was able to get the Crown to drop charges of possessing a weapon during a violent prison riot and wearing a disguise at the time after pre-trial discussions regarding moderating circumstances in the case (immigration status). Although the Crown had been pursuing a sentence of 12 to 15 months they relented.
R. v. A.D. (2012)
A client accused of threatening death against a federal government ministers via social media was released from the charges and required to undergo mental health treatment in exchange.
R. v. C.J. (2012)
Assault charges were withdrawn in a domestic incident case where during the trial one complainant stated the physical contact may have been accidental.
R. v. A.W. (2012)
Client found not guilty of threatening death against a former spouse when cross-examination at the trial resulted in the complainant and her son admitted the comments may have been uttered with no intent.