Defending Your Rights, Protecting Your Future
Criminal Defence
If you or someone you love has been accused of a crime, it’s normal to worry about the future. Will you be believed if you’re innocent? Will you go to jail and live with a criminal record hanging over your head? What if there is an explanation or mitigating circumstances?
JUST BECAUSE YOU DID IT, DOESN’T MEAN YOU’RE GUILTY.
Arrest is only the beginning of your case. You are presumed innocent and Crown (the prosecution) is required to prove your guilt under the law. You may be factually innocent, legal concepts can be complicated, police officers might not gather all of the evidence, may have made mistakes or violated your rights, and witnesses are only human. They may forget, change their evidence, or simply lose interest in the prosecution.
Whatever you do, please do not talk to the police or give them a statement. This often makes it much more difficult to defend you. The police is not there to help you. Their goal is to catch the “bad guys” and they see you as a bad guy.
We have helped many people in your position get their charges dropped and secured acquittals at trial. When that is impossible, we will focus on damage control and pursue a result that helps you put this difficult time behind you while protecting your future.
Click here to learn more about what to expect and navigating the criminal court process…
Why Hire Eliany Advocates for your Criminal Defence?
We combine years of experience in criminal law with a client-centered approach. We appear regularly before the Ontario Court of Justice and Superior Court of Justice in Hamilton, Burlington, and across the region. When you work with us, you benefit from the following advantages:
Proven Track Record in Criminal Defence: Geneviève Eliany has been defending criminal cases since 2013. With years of experience handling high-stakes trials, she knows how to develop a strong defence strategy.
Charter Rights Experience: We vigorously defend your rights under the Canadian Charter of Rights and Freedoms. Whether your case involves an unreasonable search, unlawful detention, racial profiling, excessive force, or other Charter violations, we will craft a strategy to make sure your rights are protected.
Thorough Approach to Case Building: We don’t just rely on the police’s version of events. We will listen to your account and investigate all angles of the case so we can tell your story at trial. This thorough preparation makes it easier to challenge the prosecution’s narrative. It’s extremely important that you tell us about potential witnesses or surveillance, and that you keep in touch with us if there are any developments you think are relevant while you wait for trial.
Drug Offences
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Possession of a small amount of drugs for personal use can trigger an arrest but is not always prosecuted.
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Possession of a drug in a quantity beyond what a single person would typically use. There is a presumption of intent to traffic based on the quantity.
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Selling, giving, or sharing drugs is trafficking under the law, even if no money is exchanged.
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Importation is act of bringing controlled drugs or substances into Canada from another country, whether through air, sea, land, or other means.
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Production is the illegal act of manufacturing, cultivating, or making controlled drugs or substances, including growing plants like marijuana or opium poppies.
Weapons Offences
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Possession of a firearm without a licence or authorization is illegal in Canada.
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Careless use refers to handling a firearm or weapon in a way that poses a risk of harm to others, even if no injury occurs. This also includes improper storage of firearms.
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Possession of a weapon, including a knife or bear spray, can be criminal if the reason for carrying the weapon is to harm or threaten someone. This applies even if the purpose is defensive.
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Switchblades, all knives that open with one hand, brass knuckles, tasers, and many firearms are prohibited in Canada.
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Carrying a concealed a weapon is prohibited unless authorized by permit, or for lawful work or hunting purposes.
Property Offences
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Theft can range from minor incidents like shoplifting to more extreme cases involving high financial loss.
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A person can be convicted of this offence if they knowingly have property that has been stolen or obtained by fraud, robbery, or other offences resembling theft.
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Fraud occurs when someone uses deception to gain financial benefit or cause harm. It can include schemes like embezzlement, identity theft, or cashing a bad cheque.
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Unauthorized credit card use is a fraud offence. It means using a stolen credit card or simply using someone else’s credit card without their permission.
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Mischief generally refers to intentionally damaging someone else’s property. This offence also includes interfering with the lawful use of property in a way that causes harm or inconvenience to others.
Homicides
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Murder is categorized into first-degree (planned and deliberate) and second-degree (intentional but unplanned) in Canadian law. Both carry a minimum sentence of life imprisonment, but parole eligibility differs.
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Manslaughter is the unintentional killing resulting from reckless or negligent behaviour, such as in the case of a deadly accident or altercation.
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This charge involves behaviour that shows a reckless disregard for the lives or safety of others, and can lead to harm or death.
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This involves the failure of a person to provide basic needs, such as food, shelter, medical care, or other essential support, to someone who is unable to care for themselves. A parent, guardian, or caregiver is typically charged with this offence.
Assault Offences
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Assault ranges from simple assault (physical contact without consent) to aggravated assault (causing serious injury). Threatening to harm someone, is also an offence, even if no physical harm occurs. Read more…
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Crown must prove that you intended to intimidate someone when you are charged with utter threat. Merely uttering a threat out of anger does not necessarily make out the offence.
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Police in Ontario are required to lay a charge if there is an assault between two people who are current or former intimate partners. Read more…
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This is the legal offence of “stalking”. Repeated and unwanted behaviours that cause someone to fear for their safety or the safety of someone they know can make out the offence.
Sexual Offences
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Any form of non-consensual sexual contact is considered sexual assault. Advance consent is not permitted by Canadian law. Read more…
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These charges apply to offences against minors. Sexual interference refers to sexual touching of someone under the age of 16, while sexual exploitation involves using one’s authority over someone under 18 to engage in sexual activity.
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Accessing, possessing, distributing, or creating child pornography has penalties that include long prison sentences and registration on the sex offender registry.
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This offence was created to address the growing concern over "revenge porn" and other non-consensual sharing of intimate or sexually explicit images. The law focuses on protecting individuals from having intimate images shared without their consent.
Youth Charges
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Criminal charges against youth under 18 are subject to the Youth Criminal Justice Act (YCJA). Canadian law recognizes that young people lack the maturity of adults and focuses on rehabilitation and reintegration.
Administration of Justice Offences
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Failing to comply with a release order and breach of probation are extremely common charges. The charge is laid when someone does not follow the rules of their bail, probation order, or another court order like a peace bond.
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If you miss a court date, you will be charged with fail to appear. The Crown must prove that you intentionally missed court for a conviction to register.
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The offence applies in a variety of situations where a person attempts to hinder, delay, or prevent an officer from performing their lawful duties. Providing a false name to police when asked to identify oneself is the most common reason for this charge.
Peace Bonds
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A peace bond is a criminal court’s equivalent of a “restraining order”. It is a preventative measure meant to ensure peace and safety in a community. There is concern that someone may cause harm in the future, but there is not be enough evidence to prosecute a charge.