Avocat Criminaliste

We believe that the legal aid system is not designed in a way that ensures that everyone receives the best possible defence. However, we may accept your case under the appearance of legal aid. Our lawyers also occasionally take pro bono cases. In order to better understand the legal aid system and how private bar lawyers are paid, contact us or click here.

When Justice requires that you be represented in an appeal, we will gladly take your case with a legal aid mandate. Fortunately, we are able to devote time to cases covered by legal aid.

Impaired driving is a highly complex and specialized field of law that requires a great deal of experience and knowledge in order to understand and use the different means of defence. Below are a few examples of questions that the lawyer must answer in such cases:

1. Can the Crown prove that the person was in care and control of his motor vehicle at the time of the offence?
2. Were the devices used in good working condition and maintained in accordance with the man-ufacturer’s manual?
3. Were the devices used handled correctly?
4. Did the police conduct the tests as soon as practicable?
5. Once pulled over, were the police obliged to wait 15 minutes before taking a breath sample?
6. Were there violations of the constitution while obtaining samples or observing symptoms?
7. Did the police deprive the accused of his or her right to seek a lawyer’s assistance without delay?
8. Was the order to collect a breath sample valid?
9. Under the circumstances, was the individual detained beyond what is considered an ac-ceptable length of time?
10. Did the police have reasonable grounds for suspicion to summon the person to take a breath sample with the approved detection device?
11. Did the police have reasonable grounds to conduct the arrest?
12. Did the person have a reasonable excuse not to breathe into the breathalyzer?

Those are a few examples of questions that lawyers specializing in this branch of law must ask themselves. Since each case is unique, several other elements may need to be analyzed.

Several criminal cases fall into this category. In cases where the rules with respect to the disclosure of evidence are followed, the lawyer is generally able to make an informed decision and advise his client in under a month. Therefore, costs with respect to non-complex criminal cases are lower.

Below are a few examples of non-complex cases:

• Shoplifting;
• Breach of conditions;
• Possession of a firearm without a license.

The majority of criminal cases fall within this category. In cases where the rules with respect to the disclosure of evidence are followed, the lawyer is usually able to make an informed decision and advise his client in under three months. Multiple factors are considered when evaluating a case’s complexity. For example, a case that is characterized by complex rules of law requires a thorough knowledge of the law, applicable jurisprudence and rules of practice. A complex file may also have conflicting versions which will require preparing cross-examination of witnesses.

Below are a few examples of complex cases:

• Drunk driving (depending on circumstances);
• Domestic violence;
• Drug dealing.

Only certain cases fall into this category. A complex case requiring extensive work is a case where the lawyer must meet with the client several times or make multiple trips to the court in order to manage the case. These types of cases often require many hours of preparation, nu-merous hearings and typically have fees and expenses that exceed $10 000.

Below are a few examples of complex cases that require a large amount of work:

• Sexual assault cases;
• Fraud (depending on the circumstances);
• Appeal cases.

Pursuing an appeal is very costly. The bulk of the expense arises from producing the necessary documents for the Court of Appeal to make a decision. Strict rules must be respected or the appeal will be dismissed. In the case of a long trial, having the shorthand notes transcribed and producing the appendices to the legal brief can easily cost several thousand dol-lars, sometimes up to $10 000. However, we are now able to do all the preparatory work within the firm which prevents us from having to hire independent companies to prepare the docu-mentation for us. This significantly reduces the fees we bill our clients. A ceiling price is usually determined with respect to legal fees, helping avoid unpleasant surprises

We are committed to providing accessible legal services. Our lawyers are very competent and offer their services at a reasonable price. For more details on our rates, click here.

Not necessarily. However, it is a custom is that the accused make a charitable donation. This custom satisfies an objective contained in a sentence, which is to provide reparations for harm done to victims or to the community. Click here for more details on the legal concerns of mak-ing a donation.

Currently, the legal aid system does not grant mandates to lawyers who wish to represent victims of crime. However, thanks to the #metoo movement, we believe that this will soon change. Nevertheless, a lawyer can certainly represent you in a private bar mandate. For de-tails about the applicable fees, do not hesitate to contact us toll-free or check out the section of the website on this subject.

We advise anyone facing such charges to contact a lawyer as soon as possible following their arrest, namely for the following reasons:

1. In exceptional circumstances, the lawyer can contact the Director of Criminal and Penal Prosecutions and submit defence evidence in hopes of avoiding criminal charges.
2. During your first meeting, the lawyer can make verifications in order to determine whether your driver’s license can be recovered quickly by filing an appeal with the Tribunal administratif du Québec in order to contest the charges.
3. If your vehicle was seized, the lawyer can find out if it is possible for it to be recovered by filing a motion for withdrawal of the seizure with the SAAQ.
4. The lawyer can take measures in order to receive disclosure of the evidence prior to appearance and therefore quickly prepare the theory of the case.

It is recommended to contact a lawyer quickly.

Yes. We invite you to consult our website’s “Recent successes” section.

In Canada, a criminal charge regarding sexual accusations is imprescriptible. A civil remedy, however, must not be prescribed. Therefore, from the moment that she becomes aware that her injury stems from the aggression, and not from the moment of the sexual assault, the vic-tim has 30 years to act. Accordingly, even if the sexual crime took place over 30 years ago, it is possible to bring a civil remedy.

We are your ally. We believe in getting the best possible result for you. We will make sure that you are consistently well represented and that the judicial system proves equal to the task. Do not hesitate to contact us. Our lawyers will always take the time to listen to you.

Our lawyers specialize in criminal law and are experts in the field. With very few exceptions, a lawyer practicing criminal law is best placed to advise and assist you with your case. In order to provide our clients with a sound legal opinion, it is important to know the rules of law and the way the system works. Even more so, it is important to work in a humane manner and to pro-vide a service that is adapted to each person. For example, a lawyer would generally recom-mend that clients not speak to the police. However, there are situations where it is necessary to do so.

You can certainly make inquiries with one of our appeals lawyers to find out whether it is ap-propriate to go to the Court of Appeal. Unlike in other countries, the Canadian judicial system does not allow re-trials on appeal. Essentially, appeal courts are there to make sure that the process that led to your conviction was fair and that the applicable rules of law were respect-ed. Very rarely does the Court of Appeal accept new evidence that was not presented at trial. However, you must be aware that you have only one opportunity to state your case. It is safe to say that most of the time, a trial is won the first time round. Therefore, it is important to in-vest the necessary resources and energy at the beginning of proceedings. To learn more about our expertise in this field, click here.

Yes. Discharges are given to people who are guilty of a crime. Although they are not an exceptional measure, certain requirements must be met for the judge to make such an order.

The law does not permit a judge to discharge a person convicted of the possession, production or distribution of child pornography. Moreover, the Quebec Court of Appeal has made it clear that the courts have a duty to punish such crimes severely.

The hourly rate will apply until the ceiling price (maximum price) prearranged with the lawyer has been reached.

The sexual assault victim’s lawyer represents their client in two ways.

First, the lawyer can represent a victim whose aggressor must undergo a criminal trial. In this case, the lawyer will ensure that all of their client’s rights have been respected, provide legal advice as well as moral support. In the event that the aggressor is convicted, the Canadian Victims Bill of Rights states that you are entitled to financial compensation.

Second, the lawyer can represent a victim whose aggressor is not the subject of a criminal trial. In such case, the lawyer’s role is to verify whether the victim can be compensated for the injury that the aggressor has caused.

The most important quality in a lawyer, especially when dealing with someone who has been sexually assaulted, is to show concern for their client. A lawyer who is compassionate and shows feeling will greatly increase the likelihood of obtaining compensation proportional to the injury inflicted on his client.

Our mission is to defend the interests of each and every of our clients so as to obtain the best possible result every time. Each case is distinct and a good lawyer can argue his case in order to get, what he believes to be, the best possible result. Acquittal is possible in many cases; however, our lawyers make it a point to always keep you informed so as to avoid any unex-pected results.

Doyon Avocats’ credibility has been built on our founding values: competence, honour and humanity. In order to provide legal services that live up to your expectations, our lawyers are constantly improving their skills so as to keep up with the latest developments in criminal and penal law. Our rigorous observation of certain principles, which include honesty and remaining available to our clients, have made our firm a reference in criminal law.

Il existe trois types de garde d’enfant différente qui ont tous un impact différent sur la fixation de la pension alimentaire pour votre enfant.

La première est la garde exclusive avec des droits d’accès, ce qui veut dire qu’un parent a l’enfant avec lui la majorité du temps et l’autre parents voit son enfant moins de 20% du temps sur une années. Donc, si votre enfant est avec vous 72 jours sur 365 ou moins, vous avez des droits d’accès et l’autre parent a la garde exclusive.

Le deuxième type de garde est une garde exclusive avec des droits d’accès prolonger. Ici un parent a encore l’enfant la majorité du temps et l’autre à son enfant entre 20 et 40% du temps, soit entre 73 jours au minimum et 145 jours inclusivement.

Le troisième type de garde aux fins de calcul de la pension alimentaire est la garde partagée. Toutefois, détrompez vous une garde partagée de signifie pas nécessairement que vous et votre ex-conjoint/e avez les enfants 50/50 ! Dès qu’un parent a la garde de son enfant 40% du temps, soit 146 sur 365, il s’agit d’une garde partagée.

This depends on several elements. One thing is certain, sexual assault is a severely punishable crime. Minimum prison sentences are provided in the law for certain sexual crimes. Moreover, the law provides that the judge must punish this type of crime harshly.