In the realm of criminal law, constitutional violations are a significant concern. They can drastically alter the course of a legal case, impacting both the defence strategy and the final verdict. As a premier criminal law firm in Toronto, De Boyrie Law is committed to safeguarding the constitutional rights of our clients. This comprehensive guide will delve into the intricacies of constitutional violations, their implications in criminal law, and how our firm can assist those affected.
Understanding Constitutional Violations
What Constitutes a Constitutional Violation?
A constitutional violation occurs when an individual’s rights, as guaranteed by the Canadian Charter of Rights and Freedoms, are infringed upon by government actions or legislation. These rights include, but are not limited to:
- Right to Life, Liberty, and Security of the Person (Section 7): Protects against unwarranted government interference.
- Right to be Secure Against Unreasonable Search or Seizure (Section 8): Ensures privacy and protection from arbitrary intrusions.
- Right to Not be Arbitrarily Detained or Imprisoned (Section 9): Guards against unjustified arrest or detention.
- Right to Counsel (Section 10): Guarantees the right to legal representation upon arrest or detention.
- Right to a Fair Trial (Section 11): Includes the presumption of innocence, the right to be informed of charges, and the right to a public trial.
Common Scenarios of Constitutional Violations
- Unlawful Search and Seizure:
- Police conduct a search without a warrant or reasonable grounds.
- Illegally obtained evidence can lead to its exclusion from trial.
- Improper Arrest or Detention:
- Detaining an individual without reasonable suspicion or proper legal procedure.
- Denial of Right to Counsel:
- Failing to inform a detainee of their right to legal representation.
- Preventing a detainee from contacting their lawyer.
- Unfair Trial Practices:
- Biased jury selection.
- Withholding exculpatory evidence.
Impact of Constitutional Violations in Criminal Law
Legal Repercussions
Constitutional violations can significantly influence the outcome of a criminal case. They often result in:
- Exclusion of Evidence: Evidence obtained through unconstitutional means may be deemed inadmissible in court.
- Case Dismissal: Severe violations can lead to the dismissal of charges.
- Appeals and Retrials: Convictions based on unconstitutional actions can be overturned on appeal.
The Role of the Defence Lawyer
A skilled defence lawyer plays a crucial role in identifying and challenging constitutional violations. At De Boyrie Law, we meticulously scrutinize every aspect of a case to uncover any potential breaches of our clients’ rights. Our approach includes:
- Comprehensive Case Review: Examining the arrest records, search warrants, and police conduct.
- Motion to Exclude Evidence: Filing motions to suppress evidence obtained through unconstitutional methods.
- Aggressive Defence Strategy: Leveraging constitutional violations to negotiate better outcomes or dismiss charges.
How De Boyrie Law Can Help
Expertise and Experience
De Boyrie Law boasts a team of seasoned criminal lawyers with extensive experience in handling constitutional violation cases. Our expertise ensures that every possible violation is identified and addressed effectively.
Client-Centric Approach
We prioritize our clients’ rights and work diligently to protect them throughout the legal process. Our commitment to justice and fairness drives our thorough investigation and robust defence strategies.
Contact Us
If you believe your constitutional rights have been violated, it is crucial to seek legal advice immediately. Contact De Boyrie Law for a consultation. Our dedicated team is here to provide the expert guidance and aggressive representation you need to defend your rights.
Conclusion
Constitutional violations can have profound implications in criminal law, often determining the outcome of a case. Understanding your rights and having a skilled defence lawyer on your side is essential. At De Boyrie Law, we are dedicated to protecting your constitutional freedoms and ensuring a fair trial. Trust us to stand by you and fight for justice.
Alex De Boyrie is an experienced Criminal Defence Lawyer covering Toronto, and the Greater Toronto Area.
In short, Alex’s experience ranges from working on bail hearings, sexual offences, weapons and firearms, assault charges, drug offences, youth crimes, Impaired Driving, and other criminal offences.
