Jason Rabinovitch Criminal Lawyer

03/30/2016

What Does Really Mean?

The case of Marco Muzzo has come to an end. After his plea of guilty, he received a sentence of 10 years in the penitentiary. That sentence was reduced to 9 years, 4 months as the judge gave him an equivalent of 8 months credit for time spent in custody prior to the sentencing.

This decision is a landmark one as it is one of the longer custodial sentences given in Canada for a drinking and driving related offence.

However, the actual time that Mr. Muzzo will likely spend in custody is much less. He will be eligible for parole after 1/3 of the sentence -approximately 37 months. He is a first time offender, so I would expect that he will be a model prisoner during the time of his incarceration and despite the horrific results of his offending behaviour, from a legal standpoint, he did not have any intention to engage in an act of violence, nor was there an intent to injure. These factors will be considered by the parole board, and will likely result in Mr. Muzzo being released from custody at the earliest opportunity.

The public may have some strong opinions about a real time sentence of less than 1 year for each life lost, but unless the parole board has some evidence that further incarceration is necessary, they are not likely to allow Mr. Muzzo to serve his sentence in full.

Where this case may have some far reaching effects is in relation to how Courts sentence drinking and driving offences in the future even where there is no accident or injuries to others.

The trial judge used some very strong language in describing the ongoing problem and harm caused by drinking and driving. She expressed the view that higher penalties are necessary in order to get across the message that alcohol and cars are a dangerous combination. Prosecutors and Courts may see this judgement as having precedential value to ask for and impose more significant penalties, including jail, for the "run of the mill" type of impaired case that is more regularly in the judicial system, even for 1st time offenders.

03/18/2016

THE ARE AT YOUR DOOR WITH A … WHAT DO YOU DO?

The police cannot search a residence without either a search warrant properly authorized by a judge or your permission. If the police have gone through the trouble to get a warrant, then they likely believe that you or someone in your house is involved with serious criminal activity, usually involving drugs and/or fi****ms.

It is important to remember that if the police have a proper warrant, you CANNOT deny them entry. To do so could lead to further charges against you.

However, you are never required to consent to the police searching your home or anything else, like a vehicle. If you give the police your consent to search your lawyer will have a more difficult time challenging the legality of the search later on. The police will conduct the search regardless of what you say, so it is better to make a onetime objection stating that you are not consenting to any search. That way, your lawyer will not have any bars to challenging the admissibility of whatever the police may find.

If the police ask for permission and threaten to get a warrant if you don't give it, DO NOT agree. They may be bluffing in the hope that your consent will relieve them of the need to apply for a warrant that they cannot get.

If you are charged, make sure that your actions don't hurt your lawyer's ability to protect your rights. Remain silent, speak to a lawyer.

Save my number in the event you find yourself in this position 416-580-7772. Like my page to continue to receive blogs on other legal topics.

02/24/2016

WANT TO TALK TO YOU ABOUT A FRIEND OR FAMILY MEMBER: WHAT ARE YOUR ?

You receive a call from the police who are investigating a friend/family member and believe you may have information that will help their investigation. What should you do?

It is your choice whether to provide a statement to the police or assist them in their investigation. Before you decide to talk, make sure you know what it is the police are investigating, whether they consider you as simply having information or if they think that you may be involved. It may be difficult to gather this information on your own. If you have any questions or concerns about speaking to the police, it is advisable to contact a lawyer who can make these inquiries on your behalf. You can call me at 416-580-7772. I can act as your intermediary to find out exactly what the police want to talk to you about. We can then discuss the options available to you so you are able to make an informed decision.

While you are not required to talk to the police, if you do decide to make any statement, you are not allowed to lie to them or to provide any misleading information. Doing either can lead to one of several criminal charges – Obstruct Police, Obstruct Justice or Public Mischief.

It is also important to remember that once you provide information to the police, you may be called as a witness at a future trial. If you are subpoenaed to Court to testify, you are required by law to attend and answer any questions which are put to you, either by the Crown or by the defence. In the Canadian legal system, you cannot refuse to answer questions put to you if you are properly subpoenaed to court.

It is also possible that in providing the police with a statement, you may be liable to criminal charges of your own. If you are placed under arrest or are detained by the police, you are given rights to counsel and are advised of your right to remain silent. On the other hand, if the police simply make a request to speak to you, and you voluntarily agree to do so, you are not given the same Charter rights. If during the course of your statement, you provide self-incriminating evidence, or say something which leads the police to refocus the scope of the investigation so that you are now a suspect, that statement may be introduced against you in a subsequent court proceeding.

There are many situations where it would be appropriate to speak to the police and provide information to them as part of their investigation. However, the decision to do so may have a significant effect on a friend, a family member or even on yourself. Before you make this decision, speak to a lawyer, get some advice, so that the decision to make, whatever that decision may be, is made fully informed and for the right reasons.

01/20/2016

There is a for my ! What should I do?

The police are looking for you. You've received a call from an officer stating that he wants to speak to you but won't give you any details as to why. The police are probably looking to arrest you for something they believe you've done.

Before you do anything else, speak to a lawyer. You can reach me on my 24/7 phone line at 416-580-7772.
Do NOT contact the police on your own and do not give them any information about anything or answer any questions. If the police believe you are involved in any criminal activity, you are unlikely to change their mind, regardless of what you may tell them. Let me speak to them on your behalf. With 17 years of experience in these matters I will be able to get information about what the police want without providing them with any incriminating statements.

If the police plan to arrest you, I can arrange a surrender date for you to turn yourself in at the station. This will help prevent a potentially embarrassing situation of the police attending at your workplace or home and arresting you in front of your co-workers, friends, family or neighbours.
Depending on the nature of the charge, you may be released from the police station after being charged on your own signature or you may be brought in custody to court before a Justice of the Peace for a bail hearing.

If the latter is the case, you will need a person to act as your surety - someone who can sign for you and help supervise you so you can be released on bail. I will work with you to get someone lined up to act in this capacity before you surrender yourself. This will help to minimize the time that you may have to spend in police custody.

If you find yourself in this situation, you can call me 24 hours a day at 416-580-7772 and I will be happy to help you to deal with this situation and then, if necessary, defend the charges you may be facing.

01/14/2016

v. (Driving under the Influence of Drugs) what you need to know:

Before you continue to read, store my 24/7 cell # in your phone 416-580-7772 or Like this page so in the event you are charged with DUI or DUID or require a lawyer following a stop you have one handy.

If you haven't been drinking but have been smoking *****na or have taken ANY other drug, including prescription medication, you may be subject to a police investigation at a stop or a Highway Traffic Act stop.

If the police suspect that you have any drugs in your system, you can be required to perform a series of physical tests at the side of the road. This could lead to an arrest and a demand to do further tests at the station. Depending on the results, the police may require that you provide a urine sample to determine what, if any, narcotics may be in your system.

While the nature of the tests are different for drugs than where alcohol is involved, your rights are essentially the same.

By law, you must comply with any demands made of you by the police, whether it be to do the physical tests or to provide a urine sample. You are not required to give any statements to the police, nor are you required to answer any questions that you are asked. It is in your best interest NOT to provide any information to the police that you are not required to.

Prior to doing any tests at the station, you will be given the opportunity to speak to a lawyer. Take advantage of this opportunity.

Put my 24/7 number in your phone 416-580-7772.

The police will not find a lawyer for you so have a number handy. With 17 years of experience in these charges I will provide you with the legal advice you need to best deal with the police process. If you are charged, we can meet to discuss your options in defending your case. Getting proper legal advice can be the difference between maintaining your rights at trial and incriminating yourself accidentally.

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01/07/2016

R. v. : MATTER MAY END IN
Marco Muzzo was back in court today. However, this time his case was sent up to the Superior Court (High Court) and he formally made an election to have his trial before a Judge sitting without a jury.

In the past, Mr. Muzzo's case was in bail court at the Ontario Court of Justice (Lower Court).

The movement today suggests that Mr. Muzzo will not be seeking bail. He has also waived the entire preliminary inquiry process which would suggest that he does not intend to challenge the allegations and will be entering a plea of guilty. This was stated as well by his counsel in a statement to the press.

I understand that Mr. Muzzo's expected plea will not be a joint submission. In other words, there will not be a joint position as between Mr. Muzzo's counsel and the Crown Attorney as to the appropriate sentence. This is a little unusual as both sides normally prefer some level of guarantee as to an outcome when possible.

While the Crown will probably ask for a significant jail sentence (5-8 years would not be unreasonable given the caselaw), it is open to the defence to ask for a lower sentence. By entering a guilty plea in this manner, Mr. Muzzo leaves it open to his lawyer to argue that this early guilty plea along with not having any agreement as to sentence - giving up his right to a trial without any idea of what the ultimate sentence will be - indicates that Mr. Muzzo is truly remorseful for his actions. This would be a mitigating factor to be considered by the sentencing judge and could result in a lower sentence than would have otherwise been given.

It should be noted that despite this mitigation, the very serious nature of the charges, the need to denounce this type of criminal behaviour and the need to deter others from similar actions will be the primary considerations and will mandate a penitentiary sentence.

The length of the sentence will likely be a very difficult decision for the sentencing judge due to the public attention being paid to this case and the fact that no matter what the sentence is there will likely be a significant number of people who feel it is inadequate.

This case may also be used as a significant precedent and depending on the reasoning of the sentencing judge, may be the beginning of a more stringent set of penalties for people convicted of drinking and driving.

Mr. Muzzo is next scheduled to appear in court on Feb 23.

12/23/2015

EVERYONE DESERVES AN EXPERIENCED CRIMINAL DEFENCE LAWYER REGARDLESS OF FINANCIAL MEANS – DON’T LET YOUR LIMITED CASH DETER YOU FROM HIRING AN EXPERIENCED LAWYER TO HELP YOU FIGHT YOUR CHARGES

Are you a young person, or the parent of a young person, facing a criminal charge but worried you don't have the financial ability to hire an experienced lawyer to help you deal with your matter?
I have 17 years of experience representing people charged with all types of criminal offences at all levels of court. I believe that everyone has the right to experienced counsel and will accept legal aid for individuals in need of legal representation but who don't have the resources to hire a lawyer privately. If you have been denied legal aid, we can discuss ways to work out alternative arrangements so that I can provide you with an experienced defence to your charges. Call me at 416-580-7772 to discuss your matter.



http://jasonrabinovitchcriminallawyer.com/index.php

Toronto Criminal Defence Lawyer Jason Rabinovitch defends against any kind of criminal offence. Jason will travel throughout Ontario to defend you.

11/25/2015

ITS R.I.D.E SEASON...DO YOU KNOW HOW TO PROTECT YOUR RIGHTS WHEN STOPPED? HERE IS HOW:

Before reading the following, store my 24/7 phone number
(416-580-7772) in your phone or Like this page, so that if you need a lawyer following a RIDE stop you will have it on hand.

If you are stopped by RIDE you will be asked whether you have had anything to drink. If you answer yes that you have had a drink (even just one) or the officer smells alcohol on your breath, you will be giving the officer grounds to require you to provide a road side sample. Once a roadside sample demand is made, you are required by law to provide one. If the officer does not smell alcohol and you do not admit to having had a drink, the officer would have no legal basis to demand a roadside sample. If they demand one without these grounds, you may have a legal basis to attack that sample and have it declared inadmissible.

If a demand for a sample is made and you don't provide one, you may be charged with Refusing to Provide a Sample, which has the same penalties as if you blow over the limit! It is in your best interest to provide the sample upon demand rather than risk being charged with Refusing to Provide a Sample.

During the roadside stop, you do not have the right to speak to a lawyer but you DO NOT have to provide any other information to the officer including any admission about whether you had anything to drink.

If you are arrested, you will be brought to a breath technician to provide additional samples to determine your exact blood alcohol level. At this point you are subject to certain rights including the right to speak to a lawyer.

It is in your best interest to obtain legal advice BEFORE proceeding with the two tests at the police station in order to help protect your rights and ensure that you do not say or do anything that will either incriminate yourself or make the process worse.

You have the right to remain silent and are not required to answer questions including whether you have been drinking, driving where you are coming from etc. The only thing that you have to do is identify yourself (a driver’s license is sufficient for that). The police may ask you questions that seem basic or they may suggest that it is to your advantage to provide them information. At this stage of the process it is in your best interest NOT to answer any questions as anything you say may assist the police in their case.

IN SUMMARY:
This holiday season, be safe – don’t drink and drive. But if you are stopped by the police, you have rights.

Make sure you have my 24/7 phone line handy (416-580-7772), store it in your phone now under "LAWYER" so that if you need to speak to a lawyer you will have somebody who can give you the necessary advice. I have over 17 years of experience dealing with drinking and driving related matters.

Both impaired driving and driving over the legal limit are separate criminal acts so it is not necessary for you to be drunk to be charged! If your blood alcohol level is over the legal limit -- 80 mgs of alcohol in 100 mls of blood – you are not legally allowed to drive, or even be in control of your car. You may feel and seem sober, but unless you have been tested there is no way to know if you are over the limit.

11/16/2015

Before you are charged with your FIRST CRIMINAL OFFENCE you should read this to be prepared:

Once the police accuse you of being involved in criminal activity they will act quickly. What you say and do may be the difference between an acquittal and a conviction.

Proper legal advice can protect you from police tactics to gain information from you. Upon arrest, you will be given an opportunity to speak to a lawyer but NOT an opportunity to find a lawyer. That means the police don’t let you start searching the internet, yellow pages or calling friends to ask for referrals. If you don't have the name of a specific lawyer ready, the police will offer you the chance to speak to a free duty counsel lawyer.

What you want and need is a criminal defence lawyer with a lot of experience in your corner. Put my name and number in your phone now! Even store it under “Lawyer” so it is handy. If you are charged with an offence give the police my name and tell them you want to speak to YOUR LAWYER not duty counsel. I have represented clients as criminal defence counsel for more than 17 years. My phone line is 24/7 and you can speak to me upon your arrest to get the advice you need and make sure your rights are fully protected. That first call/consultation is free! We can then work to fight your charges fully.

My 24 hour line is 416-580-7772.

10/28/2015

GUNS AND AMMO: UPPING THE ANTE – WHAT YOU NEED TO BE AWARE OF

When fi****ms are involved most offences carry mandatory jail sentences which the law requires judges to impose.

FIREARM USE IN: ROBBERY, CRIMINAL NEGLIGENCE CAUSING DEATH, MANSLAUGHTER, ATTEMPTED MURDER, DISCHARGING FIREARM WITH INTENT, SEXUAL ASSAULT WITH A WEAPON, AGGRIVATED SEXUAL ASSAULT, KIDNAPPING, HOSTAGE TAKING, EXTORTION:
If you commit one of the above offences with NO firearm there is NO mandatory minimum jail sentence and depending on the facts of your case you may be eligible for a suspended sentence with probation. If you commit one of the above offences with a firearm, WHETHER IT IS LOADED OR NOT, there are mandatory minimum penalties of 4-5 years in the penitentiary. The maximum penalty for robbery is life imprisonment.

USE OF FI****MS IN OFFENCES OTHER THAN THOSE ABOVE FOR EXAMPLE THREATS OR ASSAULT WITH A WEAPON:
If you commit one of the above without a firearm there is no mandatory minimum jail sentence. If a firearm is used in the commission of the offence, there is a mandatory minimum jail sentence of 1 year in custody.

FI****MS WITH AMMUNITION:
The act of having a firearm WITH ammunition, whether the firearm is loaded or the ammunition is simply easily accessible, the mandatory minimum penalty is 3 years. The exceptions here involve being the holder of the appropriate licenses for the firearm and the ammunition.

YOUR DEFENCES
When you are facing firearm related charges, it is important to ensure that all potential defences are fully explored including charter applications attacking improper search warrants, illegal search and seizures, arbitrary detentions and abusive interrogations. Issues surrounding whether there was knowledge of the firearm or control of it have to be examined in detail. The high penalties that are attracted by these offences require nothing less than exploring every possible defence available to you.

I have 17 years experience defending these types of charges. If you require legal advice in relation to a firearm offence, I provide free initial consultations and can be reached on my 24-hour phone line at 416-580-7772.

****ms

10/26/2015

I will defend the rights of youth who are particularly vulnerable. In this case the judge agreed that the use of the police agent was found to be manipulative trickery.

http://www.lawtimesnews.com/201510194984/headline-news/cops-chided-for-manipulative-trickery

If you need legal advice and want a strong lawyer who will fight to defend you I am available on my 24-hr cell phone at 416-580-7772 or you can find me at www.jasonrabinovitchcriminallawyer.com

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10/22/2015

R. v. Marco Muzzo: Effects of Facebook Petition on Muzzo Trial

It is my understanding that the prosecution of Mr. Muzzo’s case has been assigned to the Crown Attorney and Deputy Crown Attorney for York Region. These are both very senior and very competent prosecutors who regularly handle the most serious and high profile cases (i.e. murders) in the region. It is clear that the York Region Crown Attorney’s office sees this case as a high priority.

A petition initiated on Facebook supporting the detention of Marco Muzzo with more than 3,000 signatures was apparently forwarded to the Crown Attorney’s office. This petition may have some significant effects on the Muzzo case including:

1. At the bail hearing, the Crown may try to introduce this petition into evidence to support the argument that the public would lose faith in the administration of justice if Mr. Muzzo is granted a bail. However, the court may not give the petition a lot of weight as it may not be seen as an accurate reflection of the public opinion due to a lack of information as to how the petition was generated, and it may be seen as an inflamed reaction to a single event rather than the general opinion of a fully informed public.

2. The existence of this petition may be used by the defence if a jury is being picked for a trial to indicate that the population in York Region and/or the surrounding regions have a pre-disposed state of mind towards this case and Mr. Muzzo’s guilt. This may make it possible for the defence to bring an application for a change of venue so that the trial would be heard in another jurisdiction.

On October 19, 2015, counsel for Mr. Muzzo adjourned his bail hearing again as they were still awaiting disclosure in relation to this matter. The new date for the bail hearing is November 12, 2015. This is an indication that the Crown Attorney will be strongly seeking Mr. Muzzo’s detention and will be relying heavily on the tertiary ground (that Mr. Muzzo’s release on bail would undermine the public confidence in the administration of justice) as a reason for the detention.