Practice Areas

When you are charged with a criminal offence, the police have the discretion to keep you in custody until you are brought before a Justice of the Peace in court. When this occurs, it is vital that you obtain effective legal counsel to help secure your release with the least restrictive conditions possible. If you are denied bail, you are likely to spend a substantial amount of time in jail until your trial date.

At Muia Criminal Law, we will assist with contacting your potential sureties, prepare them to testify at your bail hearing and assist with filing necessary paperwork on your sureties behalf. We will also make sure that any conditions on release are reasonable and fair. We fight hard to have our clients released on bail and explore every possible release plan.

If you have been denied bail, you are able to seek a bail review, which is heard in the Superior Court of Justice. A bail review is allowed if a Judge finds that there was a material change in circumstance, that the Justice of the Peace made an error or that the decision was unreasonable. A bail review requires a package of materials filed in advance with the court. At Muia Criminal Law, we will work with you to secure your release. We take our clients liberty seriously.

The Criminal Code contains a large number of different sexual offences including:

• sexual assault

• child pornography (accessing, distributing, possession)

• invitation to sexual touching

• sexual interference

These offences are extremely serious, and a conviction can result in a lengthy jail sentence and having to register on the Sexual Offender Database. At Muia Criminal Law, we will work towards challenging the credibility of the complainant who accused you of the charge. We will also explore favourable resolution positions, should you choose to resolve your matter. We will work with you and keep you informed of the evidence against you.

The Criminal Code contains a number of offences involving violence, such as:

• Assault

• Domestic Assault

• Assault Cause Bodily Harm

• Aggravated Assault

• Assault with a Weapon

Assaults involve the intentional application of force against another person against their will. There are a number of aggravating factors that can increase the severity of your sentence if you are found guilty this offence. Aggravating factors include whether a weapon was used and the severity of the injuries of the complainant. At Muia Criminal Law, we will explore all possible defences, including self-defence and consent. We will assess the strengths and weaknesses of your case and help you make an informed decision on how you would like to proceed.

With respect to charges of Domestic Assault, at Muia Criminal Law, we will assist you in getting a bail variation, if required, to see your children or retrieve your belongings from your home. We will also explore favourable resolution positions that can be reached after counselling programs have been completed.

The offence of fraud is committed when a person defrauds or intends to defraud the public or a person of any property, money, or service by deceit, falsehood, or other fraudulent means. Fraud cases are often very complex and can involve thousands of pages of financial disclosure. At Muia Criminal Law, we provide meticulous attention to detail in reviewing all information and will find weaknesses in the case against you.

These offences criminalize the possession of certain firearms, weapons, ammunition, and devices. You can be charged with a weapon offence for the use or possession of weapons and firearms. At Muia Criminal Law, we will assess the gravity of the offences you are being charged with. We will ensure that the offences are accurately defined. We will also analyze the defences available to you, such as knowledge.

Further, if weapons were found on your person or in your home or vehicle, we will conduct a comprehensive review and assess the validity of the search warrant and raise the appropriate challenges.

This includes the possession, trafficking, importing/exporting, and production of scheduled substances. Drug related offences are found under the Controlled Drug and Substances Act and Cannabis Act. Factors that affect the gravity of the offence and the severity of the potential sentence include the type and quantity of the drug or substance in question.

At Muia Criminal Law, we understand the severity of drug related charges. We will challenge the admissibility of the evidence in these cases and raise a reasonable doubt on the critical issues of knowledge and control. We will also review any search warrants with detail and will challenge the search to ensure your rights were not breached by the police.

It is against the law to operate or to be in the care or control of a motor vehicle if you are impaired by drugs or alcohol, or if your blood alcohol concentration is above 0.80mg/ml. Impaired Driving charges can have a huge implication on your personal and professional life as your licence is suspended immediately upon being charged prior to any findings of guilt. The consequences of conviction are serious, and include minimum fines, driving prohibitions, significant increases in insurance premiums, and jail sentences. Jail sentence ranges have increased given the current climate.

At Muia Criminal Law, we will give you an in-depth analysis of the case and help you decide on how to proceed. We will also work towards securing a favourable resolution that shortens the time of any driving suspension.

We will explore any triable issues and raise any appropriate defences and possible Charter arguments to ensure your rights were not breached.

The laws of Impaired Driving are constantly changing and at Muia Criminal Law, we are on top of the changes.

In criminal proceedings the police and the Crown Attorney’s hold the power with respect to the charges before the court. The victim of crime cannot stop the criminal process against the accused or ask for the charges to be dropped.

At Muia Criminal Law, we offer a voice to victims of crime and can assist you with navigating the criminal process. We can advocate on your behalf and provide you with advice with respect to your rights and obligations.

We can also provide independent legal advice if you are a victim or crime or a witness and are concerned about your safety.