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Being arrested and charged with a criminal offence is overwhelming for most people. Picking a lawyer is often difficult and done without proper research and care. I do not advertise that I take Legal Aid, there are Law Firms out there that subsist on legal aid clients only. In order to stay in business doing just legal aid a lawyer must do a high volume business and often is the case that they cannot spend the proper amount of time on each of their clients. I make sure that my client files never exceed my ability to properly manage them.
I have had a number of clients who have approached me and asked if they could switch lawyers. When I asked why am I often told that their lawyer has told them that they have to take "the deal" in other words plead guilty.
I will give you the best legal advice I can and then it is up to YOU whether you plead guilty. If you want your day in court, I as your lawyer am fully prepared to give it to you. I have been involved in drinking and driving cases since 1977. Back then you typically received a $50.00 fine for your first offence and had your driving licence suspended for 30 days. A lot has changed since then.
Recently the province has decided to follow what British Columbia has done and take first time offenders (where no one has been injured) out of the criminal courts and treat it as if it is a traffic ticket with consequences. Make no mistake about it, this is a nasty ticket with driving prohibitions, vehicle impoundment and ignition interlock requirements as if you went through the criminal courts. Of concern is that you will not be placed on an intoxilyzer breathalyzer that gives a detailed reading of your blood alcohol content, rather a roadside screening device that previously just enabled the police to have grounds to arrest you and then compel you to provide breath samples on the intoxilyzer. Let me assure you that most of my colleagues are admirable people, hard workers and do the best for their clients. However, those that are dependent upon legal aid work must do a volume business in order to make a proper living and the legal aid rates have not gone up for over 11 years now. Additionally, associate lawyers must give a percentage, usually close to 50% of what they make to the firm they work in. I am not in this situation and carry a minimum number of files so each of my clients receives the proper attention and I can do the required amount of work for each of them.
Many Canadians are under the belief that the Charter provides them with state-funded counsel. After all, Americans have this right, but sadly, Canadians do not. The Charter allows Canadians the opportunity to speak to a lawyer for free upon arrest or detention but it ends after that.
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AuthorJames Lowry, B.A.(Hons), J.D., LL.M. Archives
April 2021
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"When I went into internal affairs and saw what was going on, I had no idea," he said. "I was working 28 years with blinders on ... I thought, you know what, maybe I should start seeing the other side ... Maybe these people deserve a little bit more in terms of representation and having someone look at their cases with a fresh set of eyes that knows." ~ James Edward Lowry
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