Criminal Law

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As per the Rules and Regulations of the Law Society of Upper Canada, Benito Zappia is permitted to represent individuals charged with Summary Offences. Hybrid, Super Summary and Indictable Offences will be referred to highly trained and professional criminal lawyers.

Call us and save on retainer fees for dangerous driving charges and other minor Criminal Code Offences. Benito will make sure your case is handled professionally in order to ensure the best outcome for you. We prepare Summary Offences at a fraction of the price of larger law firms.

YOUR ALTERNATIVE TO COSTLY LEGAL DEFENCE FROM A LICENSED PARALEGAL.

Hiring a qualified Paralegal is an alternative to using a Lawyer due to the difference in retainer fees. Generally speaking Retainer fees for Licensed Paralegals are more affordable then a Lawyers fees. But please check all resources as this is a generalization and not a fact. Mr. Zappia covers all Summary Offence matters which fall in the category listed below as per the Rules and Regulations of the Law Society of Upper Canada.

Benito Zappia has been practising in the area of Provincial Offences Law for over 5 years. He is a licensed Paralegal and member of the Law Society of Upper Canada since March 31,2008. He prides himself in working hard and giving the best representation possible for his clients on every case he is retained on.

He prides himself in providing personalized service including extensive interviews and preparation for all clients and their witnesses. He believes that preparation is key to effectively and successfully representing our clients. We diligently represent all Criminal Code summary offences that do not exceed a jail sentence of over six months or are considered a super summary offence, as well as Highway Traffic Act Offences including Dangerous Driving, Failing to Remain at the Scene, Failing to Stop for Police, Shop Lifting and Liquor License Charges.

Benito Zappia fights aggressively in all matters using his keen knowledge of the law; always thinking of creative ways to accomplish your goals. His philosophy is that a client is more than just a client; he or she is part of the legal team, and should be informed, consulted and involved at all times.

CALL US AT 416-783-5297 FOR A FREE CONSULTATION.

We prepare Summary Offences at a fraction of the price of larger law firms.

Charge

  • Assisting a deserter
  • Engaging in a prize fight
  • Possession of a weapon in public
  • Impersonating a peace officer
  • Advising reward/immunity
  • Disorderly conduct
  • Indecent acts, public or private
  • Public exposure
  • Public nudity
  • Causing disturbance, indecent exhibition, loitering, etc.
  • Disturbing religious worship or certain meetings
  • Trespassing at night
  • Offensive volatile substance
  • Vagrancy
  • Keeping a gaming or betting house
  • Being found at or being a landlord or tenant of a common bawdy-house
  • Transporting a person to a bawdy-house
  • Procuring or soliciting prostitution (accused stopping vehicles or pedestrians)
  • Unauthorized use of a bodily substance
  • Theft valued under $5,000
  • Taking a motor vehicle or vessel or found therein without consent
  • Fraudulently obtaining food, beverage or accommodation
  • Pretending to practise witchcraft, sorcery, enchantment or conjuration, undertaking to tell fortunes
  • Indecent telephone calls
  • Harassing telephone calls
  • Fraudulently obtaining transportation
  • Falsifying employment record (punching time clock etc.)
  • Obtaining carriage by false billing
  • Impersonation at examination
  • Falsely claiming royal warrant
  • Unlawful use of military uniforms or certificates
  • Interfering with the saving of a wrecked vessel
  • Issuing trade stamps
  • Giving trade stamps to a purchaser of goods
  • Interfering with a marine signal
  • Interfering with boundary lines
  • Manufacture or possession of slugs and tokens
  • Defacing current coins
  • Refusal to employ for reason of membership in union
  • Manufacture, promotion, sale of likeness of currency (counterfeiting)
  • Corrupting Morals
  • Tied Sale
  • Immoral theatrical performance
  • Mailing obscene matter

Criminal Offences

Indictable Offences

Indictable offences are more serious crimes than summary conviction offences. There is more than one procedure for indictable offences. The procedure that applies depends on the seriousness of the offence. Some indictable offences must be tried by a provincial court judge. No jury trial is available for these offences. A number of very serious indictable offences, such as murder, must be tried by a judge and jury, unless both the Attorney General and the accused person agree to a trial without a jury. For all other indictable offences, the Criminal Code gives the accused person a choice, called an election. In these cases the accused person can choose to be tried by a provincial court judge, by a superior court judge, or a superior court judge and jury. A person charged with an indictable offence must personally show up in court. He or she may represent him or herself or be represented by a lawyer. There is no limitation period for indictable offences. This means that the police can charge a person years after the offence occurred. *Paralegals cannot provide legal services for such offences. We Win Traffic Tickets will refer these matters to Lawyers we work with who will, to the best of their ability, defend your case. There is no time limit to when charges can be laid, e.g. an accused can be charged 20 years after an offence has occurred. The exception to this point is treason, which has a 3-year limitation period. Police do require a warrant to arrest under an indictable offence. An accused person must submit fingerprints when required to answer to an indictable offence. Appeals of indictable offences always go to the Court of Appeal of Ontario first, and then on to the Supreme Court of Canada. Accused convicted of an indictable offence can apply for a record suspension in some cases after 5 years.

Summary Offences

In Canada summary conviction offences are usually referred to as summary offences. Summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada’s provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government, section 787 of the Criminal Code of Canada specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 6 months of imprisonment, a fine of $5000 or both. Section 786 of the Code prohibits persons from being tried for a summary conviction offence more than 6 months after the offence was committed unless both the prosecutor and defendant agree otherwise.

Summary Conviction Offences

Generally speaking, summary offences are less serious and indictable offences are more serious. Many offences can be prosecuted as either a summary offence or an indictable offence — the Crown prosecutor makes this choice. These offences are called dual offences or hybrid offences. Usually, Crown prosecutors prosecute the less serious of these as summary conviction offences, but they may choose to treat them as more serious indictable offences when, for example, the accused person has a criminal record or where the circumstances make the crime more serious. Court procedures and possible sentences vary according to the category of the criminal offence. “Summary” means in a quick and simple manner. A judge hears summary conviction cases in provincial court. There is no choice of court, and the accused does not have a right to a jury trial. Usually, a person charged with a summary conviction offence is often given a notice to appear in court on a certain date at a certain time. The person must be charged within six months of the offence. After this time a person cannot be charged with a summary conviction offence. Unless the crown and defendant agree otherwise.

Summary Conviction Offences

An accused person must be charged with a summary conviction within 6 months after the act happened. Note that the Statute of Limitations does not apply to the Criminal Code. Limitation periods are set out in the Criminal Code directly. The police can arrest under summary conviction without an arrest warrant notwithstanding s. 495(2)(c) of the Criminal Code. An accused person does not have to submit to fingerprinting when charged with a Summary Conviction offence. Appeals of summary conviction offences go first to the Superior Court of Justice within the jurisdiction. After the Superior Court of Justice, a further appeal would go to the Court of Appeal of that jurisdiction, and then finally to the Supreme Court of Canada, but as a practical matter, very few summary convictions are ever heard by the Supreme Court of Canada. Accused convicted of a summary conviction offence are eligible for a Record Suspension after 5 years provided the accused is not convicted of any further offences during that period.