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Edward Prutschi
Charter rights are a very big part of child pornography investigations, trials and defenses. Some relate to a very traditional form of a search warrant where police will actually knock on the door, present a search warrant and say they are looking for computers and digital storage devices. They will take every disc in the...
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Ultimately, the client decides whether to appeal, but we always lay out the points that they need to consider. One point is the length of the sentence and whether the client feels he or she can live with that sentence. In a situation where a person is given a strict probation or a driving prohibition,...
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Edward Prutschi explains the basis for an appeal and how appeals differ from typical trials. When people contemplate an appeal, they believe that the only reason they need is to disagree with the judge’s decision. That in itself is not sufficient reason for an appeal and it’s very important, as a law firm, that we...
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Edward Prutschi explains why trial lawyers may refer cases to another lawyer for the appeal. It’s not at all uncommon within the legal field for a trial lawyer to ask for fresh eyes to look at a proposed appeal. We sometimes refer clients out even after we did a trial, if there’s likely to be...
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Edward Prutschi explains what happens to the plaintiff while a case goes to appeal. Most appeals take at least a number of months, if not longer, before they actually get back in front of the appeal court. In typical circumstances, some sort of punishment is imposed, such as, a fine, a suspension of your driver’s...
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Edward Prutschi explains the time limits and first steps in proceeding with an appeal. In your typical appeal, you have 30 days from the time of final judgment, which means when sentencing is handed down, to file your Notice of Appeal. Sometimes that day is not the same day that the guilty verdict is handed...
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Though the accused may have a surety for bail, a domestic assault charge can result in unique issues at bail hearings. First of all, the accused is more likely to find that the Crown is opposed to release of the accused from custody. It is much more common to find Crown Attorneys denying consent releases...
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Often, officers will take the view that a person is releasable in theory, but they want more stringent conditions than would be imposed by an undertaking. They will have the person held for a Show Cause Hearing or, what is commonly called, a Bail Hearing. Under the criminal code, the police have to get a...
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Mr. Prutschi is a panelist with NewsTalk1010 discussing, among other things, the unfortunate tactic chosen by a defence lawyer in making sentencing arguments for a man convicted of sexually assaulting a 103 year old woman.
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Tory Wants to Add “Rape” to Criminal Code Over 30 years ago, the term rape was taken out of Criminal Code of Canada and was instead replaced with the broader term of sexual assault. While many legal analysts have said that such an umbrella term is problematic and cannot encompass the full scope of sexual...
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