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  • Falsely accused of violence? 3 mistakes to avoid

    If someone close to you has made up false allegations of domestic violence or abuse, you can be very upset and scared about what the accusations will mean for your future. You might feel tempted to say or do things to stand up for yourself or correct perceptions. However, before doing anything you could later regret, consider these common mistakes and what you can do to avoid them. Mistake #1: Venting online Taking your anger or frustration out about false assault allegations online could be a huge mistake. You might say something incriminating or come off as someone who is volatile and angry, none of which would work in your favour if you wind up facing a judge. Assuming you are anonymous online is also a mistake, so don’t say or share something with the expectation that it won’t get shared or traced back to you. Mistake #2: Violating court orders If the courts have ordered you to stay away from your accuser or refrain from certain behaviours, violating the orders only makes matters worse. You may have to temporarily move out of your house, stay away from your kids or  promise to be peaceful .  These requirements can be incredibly difficult, and they might seem unnecessary. However, if a court order is in place, complying with it will be essential in proving to the courts and other parties that you are safe and responsible. Mistake #3: Assuming the claims will go away on their own You might think that just because the heat of an exchange eventually resides, so will any false claims someone made during them. Unfortunately, this is not necessarily going to be the case. Even if your accuser takes back what they said or doesn’t want to pursue charges, it can be too late to stop what has already started. So, don’t assume your personal and legal woes are over without talking to a lawyer. Taking this precaution allows you to confront allegations and defend against them.  These mistakes could ultimately make an incredibly upsetting situation worse. Thus, avoiding them can be crucial in keeping a false accusation from jeopardizing your freedom, reputation and relationships.

  • Navigating complex criminal networks and charges

    Criminal allegations, especially those that cross borders and involve multiple individuals, typically come with exceptionally high stakes. It’s not just about being at the wrong place at the wrong time; any involvement, however minor, in a criminal enterprise could lead to life-altering consequences.  In the blink of an eye, you could face damaging allegations, disruptive penalties and a stain on your criminal record. Thus, this situation demands immediate and savvy legal attention. The gravity of group criminal activity International crimes that involve numerous individuals are not just another file on a prosecutor’s desk; they represent a complex puzzle that law enforcement agencies around the globe are eager to solve. These cases can be especially stressful for several reasons: Multiple law enforcement agencies:  When a crime crosses borders, it is not just one police force you’re dealing with, but many. This can complicate your case as different agencies may have varying procedures and powers, and you can easily be confused and intimidated. Headline-making busts:   High-profile cases  attract public attention and pressure law enforcement to act decisively. Having all these eyes on the case can lead to a more rigorous pursuit of anyone connected to the crime, making arrests and charges more likely. Risk of extradition:  Involvement in international crimes could  expose you to extradition , where you might be transferred and tried in a foreign country, subject to an unfamiliar legal system. Group association challenges:  If you are grouped with others in a criminal case, you risk being swept up in the collective guilt and unfairly blamed, regardless of the extent of your individual involvement. Crimes that cross borders and involve many individuals are a tangled web, with each strand representing a different legal challenge that you might face. Taking your defence seriously It’s natural to feel a mix of emotions when you are facing severe criminal allegations—fear, confusion and even anger. These feelings can become even more intense when the crime has international ties, and you are facing a battle that seems larger than life. Some people feel tempted to lie or try to run away. However, such actions only make the situation worse. Talking to an attorney to assess your legal rights and next steps can help you start the process of protecting yourself and avoiding actions that could further complicate the situation.

  • Protecting yourself against false accusations in a digital world

    Being falsely accused of domestic violence is a nightmare, especially when it involves someone you care (or once cared) about. It’s devastating to have your character questioned and your freedom threatened. Technology can make these situations more frustrating when accusers use it to fabricate evidence against you. Challenging this evidence is crucial to protecting your rights and clearing your name. Altered screenshots can tell false stories Screenshots of text messages or social media conversations might seem like solid proof, but they’re surprisingly easy to fake. Anyone with basic editing skills can change words in a conversation, delete parts that provide context or even create entirely fake exchanges. Some people use: Apps specifically designed to create fake text conversations Photo editing software to alter existing screenshots Websites that generate realistic-looking message threads These manipulated conversations can make innocent statements look threatening or create evidence of conversations that never happened. Always keep your own records of important communications so you can prove what you actually said. Deepfakes and AI manipulation Technology has advanced to the point where seeing isn’t always believing. AI tools now make it possible to create convincing  fake videos or images . These technologies can: Superimpose your face onto someone else’s body Generate fake audio that sounds like your voice Create realistic photos of events that never occurred These sophisticated fakes can be hard to spot without expert analysis. If you’re facing evidence that doesn’t match your memory, professional forensic examination of the digital files can be crucial in challenging false statements. Misleading moments, out-of-context clips Sometimes, the problem isn’t fake evidence but evidence someone presents out of context. Selective sharing:  Someone might only share parts of a conversation to make you look bad. Cropped photos:  They can crop photos to change the story they tell. Edited audio:  They can edit audio recordings to twist your words. It’s easy to present a distorted version of events, so it can be up to you to show the whole picture. Be prepared to demonstrate the full context of conversations and photos. Protecting yourself with digital literacy Understanding how people can manipulate technology helps you  defend against false accusations . Keep records of important communications, document the timeline of events, and don’t hesitate to question the authenticity of digital evidence.

  • What to know if you’re facing extradition

    If you or a loved one is facing prosecution in a foreign country, extradition could be on the horizon. This transfer is complicated, stressful and often quite frightening. Under these circumstances, there are a few things to keep in mind. It can take time Investigators and law enforcement agencies often devote massive resources to investigating a crime or violation before formally requesting extradition. Therefore, sometimes, it takes years for extraditions to occur. For instance, it took nearly 50 years for a  former Canadian resident to face extradition  and make his first court appearance on murder charges. In that time, genealogy technology advanced considerably, and the 81-year-old man, who now has dementia, allegedly confessed to investigators. These developments helped move the cold case forward. In other words, even after people leave a country, attempt to start a new life and try to move on, old charges can come back to haunt them. Foreign governments have different rules Extradition requires participation from multiple countries, which adds to the complexity of the situation. There are legal systems and law enforcement officials involved in all those involved, and navigating the procedures, standards and rules is no easy task. Thus, it is vital for those facing extradition to have legal counsel. Legal representatives can play essential roles in negotiating with country officials, arguing to stop extradition, and disputing charges and sentences. Extradition isn’t automatic Just because a country requests extradition doesn’t mean that it will happen. While the exact processes can vary between countries, generally, government officials will review a proposal and available evidence and determine whether both countries recognize the alleged criminal conduct. Then, there are hearings and determinations on whether a person must or will surrender. In some cases, a person may refuse to surrender or state why extradition is unjustifiable. Parties can also choose to appeal an extradition decision. The stakes of  extradition and foreign prosecution  are incredibly high, and people must understand what is on the line. However, they must also recognize that individuals have rights worth protecting and there are processes in place to protect against unfair actions.

  • How important is my background if I’m facing criminal charges?

    Navigating the Canadian criminal justice system can be incredibly frightening and intimidating if you are facing charges. It can feel like no one is looking out for you or concerned about your rights. However, you have rights, including the right to defend and protect yourself. And your background can play a tremendous role in your case, legal options and possible outcomes. Why background matters While it may not feel like it all the time, your case is unique. You are not a statistic or some anonymous defendant. And you can make this clear by ensuring the courts and law enforcement agencies understand who you are, which is where your personal background can come in. When it comes to filing charges, negotiating pleas and handing out sentences, details of your life could make a difference. Some elements can complicate things or adversely affect your case, such as: A criminal record Evidence of substance abuse Lacking ties to your community Whether alleged acts harmed vulnerable parties Your position of authority A history of aggressive, hateful or violent behaviours A connection to hate groups These details, many of which are  aggravating factors , can often be used against you to seek increased penalties or stricter rules.  On the other hand, other personal details can positively affect your case. For instance, it can be essential to disclose details like: A solid academic or employment history Absence of previous offences or convictions Whether you are in treatment or counselling Diagnoses of mental or physical conditions Rehabilitation efforts you have already made Strong family ties Whether you have been the victim of abuse or coercion These details reflect who you are as a person and can mitigate exposure to harsh penalties or aggressive charges. Making your case Criminal allegations or professional misconduct  can turn your world upside down. They will affect every person uniquely, and you deserve to share your side of the story and your background; your freedom, future and livelihood could be on the line. Showing who you are, rather than just what you are accused of doing, can be crucial when you are defending against harmful allegations.

  • What can take a DUI from bad to worse?

    A simple error in judgment can trigger serious repercussions when it comes to driving under the influence. And the consequences of a DUI can quickly intensify with the presence of aggravating factors, turning a bad situation into a worse one.  Factors that escalate DUI charges In Ontario, several factors can lead to more severe impaired driving charges, including: Elevated blood alcohol concentration (BAC): Having a BAC over 120 mg of alcohol per 100 ml of blood can lead to harsher penalties than if a person has between 80-119 mg. Repeat offences: If you’ve been convicted of DUI before, subsequent charges can carry more severe consequences. Impaired driving causing harm: DUIs involving accidents with injury or death carry significantly increased penalties. Driving with minors: Courts consider the risk of harm to a child as an aggravating factor when imposing a sentence for someone with a minor in the vehicle at the time of a DUI. If any of these factors are in play when police stop someone for drunk driving, they could trigger additional or escalated charges, meaning harsher penalties. The gravity of escalated DUI charges  The  penalties for a serious DUI charge  in Canada can include: Higher fines Longer restrictions on driving privileges  Mandatory enrolment in educational and ignition interlock programs Lengthier imprisonment Beyond the legal penalties, a conviction can impact job prospects, relationships and freedom to travel. These repercussions are even harsher when there are aggravating factors in play. Thankfully, the legal system gives everyone the right to defend themselves against criminal charges. In the context of a serious DUI, possible challenges could involve arguing against the validity of the evidence or the legality of the procedure followed.  With an effective defence, people can have the charges reduced or dropped, lessening the potential penalties.  Navigating forward with hope An impaired driving charge need not be the end of the road. With legal support, individuals facing these charges can find a path to redemption and recovery. Anyone grappling with the consequences of a DUI must remember that hope and help are within reach.

  • Under what grounds can the Minister of Justice deny an extradition order?

    No matter the alleged criminal offence, international extradition often relies on a complex, lengthy process to reach a conclusion. From the initiation of an extradition request to the extradition hearing, an individual must often struggle to protect their rights. Fortunately, the process contains a built-in step allowing for a period in which the extradition order can be appealed in writing to the Minister of Justice. While every situation is different, there are numerous grounds under which the Minister of Justice could  consider denying the extradition order , including: The Minister considers the surrender unjust or oppressive based on all relevant factors. The extradition request was initially made for the purpose of prosecuting or punishing the individual based on their inclusion in an otherwise protected group such as race, religion, ethnic origin, language, colour, political opinion, gender, sexual orientation, age or disability status. The extradition request is based on conduct that is punishable by death under the legal system of the extradition partner. The extradition request is based on a political offence or an offence of a political character. The subject of the extradition request was younger than 18 years of age at the time of the offence. While not a complete list, this is an indication of the broad authority possessed by the Minster of Justice.  An individual facing extradition  for an international criminal offence must thoroughly prepare a strong argument against the extradition order. This is often accomplished with the aid and guidance of an experienced criminal defender. With a skilled defence lawyer, an accused individual can fight to protect their freedom and minimize their exposure to devastating criminal penalties.

  • Understanding fiduciary duty in professional misconduct cases

    When you are a licensed professional, the concept of fiduciary duty is something you cannot ignore. It’s a fundamental responsibility that holds significant weight in your professional life. But what happens when allegations of misconduct arise? How does fiduciary duty play a role in such cases, and what can you do to protect yourself? What is fiduciary duty? Fiduciary duty is the legal obligation to act in the best interests of your clients. For licensed professionals, this means prioritizing your clients’ needs above all else. This duty is crucial because it fosters trust and ensures that professionals act ethically and responsibly. Unfortunately, misconduct allegations can arise for any number of reasons. If they do, they can severely damage your reputation and career. Accusations can lead to investigations, legal battles and a loss of client trust, which might take years to rebuild. Case study: Breach of fiduciary duty in Canada Soccer A recent case involving Canada Soccer’s finances highlights the significance of fiduciary duty in professional misconduct allegations. The Canadian Soccer Players’ Association filed a $40 million lawsuit against the organization’s leaders,  accusing them of breaching their fiduciary duty  by mismanaging funds intended for player development. Among the allegations are claims that the organization concealed financial activity and details of contractual terms. While the case is still under investigation, it serves as a reminder of the far-reaching consequences of such breaches. On top of the hefty financial and legal penalties, fiduciary duty violation allegations can erode trust and affect entire communities, including stakeholders, customers and employees. Defending against misconduct claims If you are accused of  financial misconduct , you might feel like the floor is dropping out from under you. You can be scared, angry and completely overwhelmed. While it can be easy to panic, try to stay calm and take some essential steps: Get legal help right away. Gather all relevant documents and keep them secure. Be honest with your lawyer. Don’t discuss the case with others. Follow your professional association’s guidelines. These steps can minimize fallout and set a foundation for a solid defence. Remember, you have rights, including the right to defend yourself. A good defence strategy can help you protect your career, reputation and future.

  • Money laundering: A serious white-collar crime

    Canada takes a strong stance against money earned through illegal activities, such as organized crime or drug trafficking. Money earned through these means is not supposed to be integrated into the mainstream financial system, but unfortunately, some individuals attempt to do just that. Money laundering is a criminal offense involving concealing the source of illegally obtained funds to make them appear legitimate. This complex process disguises the connection between the illegally earned money and its integration into the financial system. What’s behind this activity? Money laundering is often done to hide where illegal money comes from, avoid paying taxes or fund more criminal activities. It can involve various methods, like splitting large sums into smaller transactions to stay under the radar, investing in things like real estate or goods, or using fake companies and overseas bank accounts. In other words, money laundering charges can be – and often are – accompanied by other criminal charges. The weight of these, combined with any personal issues you are also struggling with, makes this a serious situation demanding immediate attention. Understand what is at stake In Canada, money laundering is a serious criminal offence. The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) is the  primary legislation dealing with these offences . Penalties can include massive fines and lengthy imprisonment, though the possible sentences depend on the specifics of the case and the amount of money involved. Besides the legal penalties, these charges can be incredibly disruptive and upsetting to your daily life and relationships. These cases are usually complex and contain considerable paper trails, which means the investigations can be intrusive and the number of law enforcement agencies and resources involved can be intimidating. These allegations can also cause tremendous strain on personal and professional relationships.  However, while money laundering is a serious criminal offense in Canada, you have rights to protect and choices to consider. If you’re facing  allegations of money laundering , it’s crucial to seek the advice of an experienced criminal defence lawyer as soon as possible. Doing so can help you protect yourself, avoid costly mistakes and develop a defence strategy.

  • Challenging extradition orders from Canada: Is it possible?

    If you are charged with a crime in another country, that country could appeal to the Canadian government to extradite – i.e., deport – you to that country to stand trial. Facing prosecution in a foreign country, with unfamiliar laws, can be a scary thing. However, those facing extradition orders do have options to fight back. Are all crimes eligible for extradition? If you followed the story of Brittney Griner – the American WNBA star who has been sentenced to nine years in Russian prison for carrying cannabis oil – you might be worried about the consequences of traveling internationally and accidentally breaking the laws of that country. However, when it comes to extradition, it’s important to understand that Canadian law requires the establishment of  double criminality  in order to extradite.  This means that the crime in question must be a crime in the foreign country as well as in Canada. For example, Saudi Arabia criminalizes homosexuality. But because homosexuality is not a crime in Canada, the Canadian government would not extradite for this offense.  For crimes that are eligible for extradition, there are two types of extradition orders – each of which has an appeals process: Committal orders This is an order from a foreign country asking for the accused to be detained in Canada prior to extradition. This type of order is granted in instances where the judge determines that the accused is at risk of committing crimes in Canada, or they are a flight risk – i.e., likely to flee the country if they are not detained. If you receive a committal order, there is an option to appeal the decision. Your defence lawyer can work to demonstrate that you are not a risk. Surrender orders This is an order to deport the accused to another country for prosecution. In determining whether to issue a surrender order, the Minister of Justice considers a variety of factors, including: Whether extradition would violate the accused’s rights under  provision 6(1)  of the Canadian Charter of Rights and Freedoms Whether the penalties the accused would face in the foreign country would be as just as if prosecuted in Canada. For example, would they face the death penalty in the other country – which is outlawed in Canada? Whether extradition would “shock the conscience” or be “unjust and oppressive” If a criminal defence lawyer can demonstrate to the Minister of Justice that the accused would face such unjust or oppressive conditions if extradited, then an appeal may be successful. Appealing extradition orders The recent case of  Sheck v. Canada (Minister of Justice)  exemplifies the successful appeal of a surrender order to the United States. Glenn Sheck is an Indigenous Canadian who was accused of money laundering crimes in the United States. His legal team convinced the court to reverse his extradition order, citing two key arguments: Severity of sentence:  They pointed out that the sentence he would serve in the U.S. – if convicted – could be up to 27 years. In Canada, the sentence would only be 10 years. Impact on family:  They cited Canada’s shameful history of forcibly separating Indigenous parents from their children. If extradited, Sheck’s children would be separated from him internationally for decades. Successfully appealing extradition orders is challenging, but it can be done. It’s important to seek out the help of a defence lawyer who is dedicated to this niche area of the law.

  • International extradition and mutual legal assistance

    Currently, numerous countries have extradition treaties in place such that an individual can be transported internationally to face investigation and criminal penalties. The extradition process can be complex and lengthy, however, requiring negotiations and extensive legal maneuvering. If there is no extradition treaty in place, foreign powers could still work together based on mutual legal assistance. When there is no agreement in place, non-treaty countries can still make requests of Canada based on the terms of  mutual legal assistance . These requests are far more limited than agreements based on an existing extradition treaty, but can still be effective in accomplishing a broad array of legal goals, including: Search and seizure Gathering physical materials Compelling witnesses to give statements often by either audio conference or video conference Transferring an already-sentenced individual to a requesting country so they can provide statements, evidence or investigatory assistances. This transfer is only completed with the consent of the sentenced individual. In addition, the court-ordered assistance can include elements centered on enforcement. Canadian officials can agree to enforcing criminal fines, enforcing foreign restraint, enforcing forfeiture orders or enforcing seizure orders. While not all countries maintain international extradition treaties , they can still seek mutual legal assistance regarding a variety of criminal investigations. Charged with a crime or a pending investigation, individuals face an intimidating and daunting process. Under these circumstances, it is crucial that individuals seek experienced legal guidance uniquely tailored to ensure their rights are being protected and designed to limit their exposure to potentially severe criminal penalties abroad.

  • Common mistakes to avoid when accused of professional misconduct

    Facing allegations of professional misconduct can be an overwhelming experience for any professional. Your livelihood, reputation and relationships hang in the balance, and the path forward may seem uncertain. But fear not—there are steps you can take to protect yourself. These steps include avoiding common pitfalls. 1. Failing to seek legal guidance early One of the most critical mistakes professionals make is trying to handle the issue alone because they are embarrassed, scared or underestimating the severity of the situation. When faced with an allegation, seek legal guidance promptly. Waiting too long can jeopardize your defence and limit your options. 2. Ignoring the importance of documentation Documentation is your lifeline in a misconduct case. Keep detailed records of communications, interactions, and relevant events. Whether it’s emails, meeting notes or witness statements, thorough documentation can strengthen your defence and provide a clear account of your actions. 3. Underestimating the power of apologies While remorse is natural, avoid making premature apologies. An ill-timed apology can be misconstrued as an admission of guilt. Consult with your lawyer before expressing regret or remorse. They can guide you on the appropriate approach. 4. Disregarding the investigative process When an investigation begins, cooperate fully. Failing to provide requested information or obstructing the process can harm your case. Understand your rights and obligations, and work closely with legal counsel to navigate the investigation. 5. Interacting with accusers and other involved parties It’s essential to maintain a professional distance from accusers and other parties involved. Engaging in  arguments or heated interactions  can escalate the situation and harm your case. Treat all parties involved with respect and professionalism if you must engage with them. Otherwise, keep your distance and communicate through your lawyer. 6. Acting out of anger or vengeance Reacting angrily or seeking revenge can lead to legal trouble. Professionals accused of misconduct are under scrutiny. Any negative behaviour, from venting on social media to making threats, can further complicate the case. Maintain composure, even when faced with false accusations. Professional misconduct allegations  are undoubtedly upsetting and frightening. However, by avoiding mistakes and getting help, you can get to the other side of this difficult situation more easily. When your livelihood is at stake, every decision matters.

Contact

Based in Toronto, Ontario, Leo Adler Law provides legal services for clients anywhere within Ontario, across Canada, and internationally. 

Note: We do not handle interstate extraditions in the United States of America.


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