Assault Charges
Assault Defence Lawyer, Avi Baratz
At its essence, assault is touching someone without their consent. To be found guilty of assault in Ontario, the Crown Attorney needs to prove beyond a reasonable doubt that an assault occurred and that one had the intent to assault another. A simple push or shove is an assault. However, a person who accidentally bumped into another or pushed them by accident in everyday life at say a busy shopping mall, amusement park or in a lineup would not be guilty of assault – criminal intent would be lacking. Spitting on another person is an assault, even though it does not involve hitting another. Assaults occur in all sorts of contexts, which are too numerous to list, however, some common examples are domestic incidents between couples, disputes between strangers that escalate out of control, and bar fights. The sentencing for assault charges ranges from peace bonds and conditional discharges to jail. If you are charged or under investigation for Assault, please contact Avi Baratz an expert assault lawyer to schedule a confidential consultation.
Avi Baratz has represented 100s of Accused Persons charged with Assault over the Past 20 years of his career. He has done so throughout the Province of Ontario – No courthouse is too far. Call 416-937-3777 to speak with Avi Baratz and schedule a confidential consultation. Mr. Baratz is a member of Legal Aid Ontario and accepts Certificates for many criminal matters.
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Bail Hearing Lawyer
The Bail Process
When someone gets charged with a criminal offence, the matter becomes police and government business. An alleged victim has no power to drop the charges against you. Once you are arrested, the Police will process you and decide whether they think you are a flight risk or a risk to another individual or the public at large. The police will also consider the weight of the evidence against you. Based mainly on these factors, the police will decide whether to release you with a “Promise to Appear” for future court, or hold you for a bail hearing to let the Crown or Court decide if you should be released on a “Recognizance”. The decision to release you is out of the alleged victim’s control. In recent years there have been decisions from the Supreme court of Canada that hold that alleged first-time offenders for many types of charges, generally speaking, should be released on a promise to appear, or a consent release at court. If you are not released from the police station and have to go to court, the Crown must provide you with a bail hearing within 72 hours of your arrest.
A Surety is someone who is willing to sign on your behalf, post some money for you (no deposit down in many cases), supervise you, ensure that you do not commit any offences when you’re out on bail, ensure that you comply with your release (i.e., curfew and/or house arrest) and reside with you in some cases. Ideally, a Surety will have no criminal record, have some assets (positive net worth) and not be implicated in the offence you are charged with. In a contested bail hearing, the test is whether you are a flight risk (whether you will come to court when required to do so), and/or if released, you will pose a threat to any individual or the public at large. There is a third ground that the Crown infrequently refers to in order to seek one’s detention – the tertiary ground. This is a rare ground that calls for one’s detention based on the severity of the offence and the public’s outcry should you be released in the public until your trial.
Sureties need to be aware they are guaranteeing to do all in their power to supervise the Accused when released until his/her day of trial. Should the Surety ever become aware that the Accused has not followed through with a term of his/her release, the Surety must take steps to notify authorities, turn the Accused back into custody, including appearing before a Justice of the Peace and revoking the bail immediately. Should a Surety not turn in the Accused, despite his/her knowledge of that breach, he/she will be liable for the amount of money he/she posted in the bail, and may jeopardize any future attempts to become a Surety for another person. Keeping all this in mind, everyone charged with a criminal offence has the right to not be denied reasonable bail with reasonable release conditions – it is a guaranteed right. Factors that make the release more difficult and complex include the nature of the charges, any prior criminal record of the accused, any breaches or existing criminal charges and the quality of the release plan, to name a few. Contact Avi Baratz best bail hearing lawyer in Toronto, Ontario.
Do You Or Someone You Know Have A Bail Hearing?
Avi Baratz has secured bail releases for 100s of Accused Individuals, across Ontario and the Greater Toronto area. The leading case in bail hearings of R. v. Antic, 2017 SCC, 27 is widely used today to secure release at bail hearings.
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Breach Of Trust
Breach of Trust occurs when one is in a position of power or authority and abuses that authority entrusted to him or her. Government Officials, Corporate CEOs, Teachers, Lawyers, and many others are examples of types of occupations and position holders that could be charged with breaching their authority. When one holds a fiduciary duty to others, this can also be the trigger for such a charge. An Immigration officer for example would be charged with breach of trust if he/she was trying to obtain a payout or bribe for offering citizenship or residency status. There are countless other examples of what constitutes a breach of trust. It is a criminal offence found under the Criminal Code of Canada that carries a maximum sentence of 14 years in a Federal Penitentiary. If you are under investigation or have been arrested in relation to a breach of trust, contact Baratz Law’s defence attorney for a confidential consultation.
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Children’s Aid Society Cases
Children’s Aid Society Cases (CAS)
The Child, Youth and Family Services Act (CYFSA) is an Ontario Legislation that governs how child protection is regulated in the Province. Child Protection and Children’s Aid Society (CAS) Cases mean the same types of cases and are used interchangeably. There are numerous Children’s Aid Society’s across the province, representing different regions and cultures. For example, there is a Peel Children’s Aid Society, a Toronto Children’s Aid Society, a Halton Children’s Aid Society and a Catholic Children’s Aid Society of Toronto or a Jewish Child and Family Services Agency or a Native Child and Family Services agency. Depending on where one lives and what your cultural or religious background is, will depend which agency and courthouse one would fall under should they find themselves entangled in such a case. Children’s Aid Society cases otherwise known as CAS cases or Child Protection are notoriously difficult cases. All the CAS agencies have the power to apprehend children and not have to justify the apprehension with a court of law for up to 5 days after the apprehension. The safety and well-being of children are at stake and children are deemed to be the most vulnerable people in our society. As a result, many legal powers are afforded to CAS cases. For example, hearsay evidence otherwise inadmissible in a criminal trial is admissible (with certain exceptions) in a CAS case. The past history of a parent is out on the table, on full display. Medical records can also become relevant and admissible.
CAS cases are usually zero sum cases whereby either the parent(s) will be able to demonstrate within a certain time frame that they are capable of parenting or if not have an alternative plan for the children (i.e., Kin or other family members) or the children can be ordered to be in extended society care (formerly called Crown Wardship) for the purpose of adoption. The stakes in these cases are extremely high. Should the CAS want to talk to you or be at your doorstep, contact Mr. Baratz or another experienced family lawyer immediately to discuss your matter. These cases can be very time sensitive and decisions need to be made as soon as possible. The decisions and actions a parent takes early on in their CAS case can seriously impact the case in either direction.
Defend Your Children's Aid Society Case
Many Children’s Aid Society cases are the most gruelling types of cases that an Individual can face in a court of law. When one’s children are apprehended and placed into Foster Care, the fight to get them back is painstakingly difficult. The stakes in these cases are just as high, if not higher than the most serious of criminal cases. Avi Baratz, has extensive experience representing Parents against the Children’s Aid Society. He has also had many successes against the CAS in reuniting children back with their parents.
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Criminal Harassment
Encountering Criminal Harassment? Contact Avi Baratz Criminal Lawyer in Toronto
In the Criminal Code of Canada, Criminal harassment involves repeated behaviours by an individual that involves repeatedly following, communicating, besting or watching or engaging in threatening behavior towards another that causes that other person to reasonably fear for their safety or the safety of others known to them. The offender must have the intention of harassing, frightening, annoying, or other actions displaying obsessive and unwanted conduct directed towards another individual without lawful authority. In proving a criminal harassment case in Ontario, the Crown must establish that the accused has engaged any of the following conduct:
- repeatedly following the victim or someone known to the victim; repeatedly communicating with the victim or someone known to the victim (either directly or indirectly); watching or besetting a place where the victim or someone known to the victim lives, works, carries on business or “happens to be”; or Employing “threatening conduct” towards the victim or a member of the victim’s family;
- It must be established that the complainant was harassed;
- It must be established that the accused who engaged in such conduct knew that the complainant was harassed or was reckless or willfully blind as to whether the complainant was harassed;
- It must be established that the conduct caused the complainant to fear for her safety or the safety of anyone known to her; and
- It must be established that the complainant’s fear was, in all of the circumstances, reasonable. It is not necessary for the Prosecutor to establish that the complainant was actually threatened, or that any actual injury, either physical or mental, was caused to the complainant as a result of the accused’s conduct. The Criminal Code of Canada requires that the harassment be without “lawful authority”. Therefore, if someone has a lawful reason to contact another person such as to enforce a family court order or a civil matter they would not be guilty of criminal harassment.
Criminal Defence Lawyer
A person convicted of criminal harassment could face up to 10 years in prison. A conviction for criminal harassment may also lead to a criminal record, fines, probation and/or a restraining order being placed against the offender not to contact the victim of the harassment. In some cases, it is possible to avoid jail and a criminal record even if a person is found guilty of harassment. The nature of the offence and the personal circumstances of the offender will be considered by the judge at the sentencing hearing. If you are charged or under investigation for criminal harassment contact Baratz Law to schedule a confidential consultation with Avi Baratz, one of the best criminal lawyers in Toronto, Ontario.
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Dangerous Driving
Dangerous Driving, Highway Traffic Act & Related Motor Vehicle Offences
Avi Baratz defends individuals charged with many different types of driving offences, including dangerous driving as under the Criminal Code of Canada and provincial offences under the Highway Traffic Act, such as Speeding, Distracted Driving, Stunt Driving, Careless Driving, Failing to obey a sign, and failing to provide required documents like Ownership and Insurance (to name a few). Convictions for these types of offences affect one’s auto insurance and in some cases can have penal consequences. For example, even though convictions under the Highway Traffic Act are not defined as criminal charges, individuals can still be handed down a jail sentence. If the charges are serious enough or if the Prosecutor is dealing with repeat offenders, the Prosecutor could and does in many cases, seek jail. Rest assured however that jail is rare and only reserved for egregious offenders.
However, criminal charges such as dangerous driving (dangerous operation of a motor vehicle) can result in a permanent criminal record. At Baratz Law, no case is too little or too big. If you have been charged with dangerous driving under the criminal code of Canada or even a speeding ticket or other types of Highway Traffic Act offence and are not sure what to do, feel free to contact Baratz Law for a confidential consultation. Mr. Baratz has defended numerous clients for driving offences in criminal courts throughout Ontario and also attends Highway Traffic court and does accept these types of cases with pleasure.
Defend Your Dangerous Driving Case
Dangerous Driving is a criminal offence and an offender can be sentenced to real jail time; especially if someone was injured as a result. It is interesting to note that in some cases, a car can be defined as a weapon if it is allegedly used to strike, hit or harm another person.
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Domestic Assault
A domestic assault is an assault that occurs between those who are in a relationship with one another. For example, partners who are either current or former spouses, common-law partners or dating partners. Cases within families are also regarded as domestic assaults, such as sibling and parent/child relationships. Where an assault occurs between these two people (in some cases more than two), then the matter is categorized as a domestic or domestic assault. Prosecutors in Ontario deal with domestic assaults differently than other types of assault charges. Domestic assault charges are taken very seriously. Unfortunately, there have been a few high-profile newsworthy domestic violence cases that have arisen lately. The Criminal Code of Canada instructs judges and prosecutors to treat domestic violence offenders more severely. In many cases, domestic assault charges and domestic violence are actually tied to family law disputes and family conflict. Many times, the accused will suggest that his/her spouse fabricated the assault charges.
Nevertheless, given the high profile nature of domestic assault charges, the police in Ontario are usually quick to arrest and let the criminal courts sort it all out later. Having said this, many cases of domestic assault are on the low spectrum of assaults and often lead to favourable outcomes for the offender if he/she cooperates and takes on counselling, a parenting program or anger management classes. Every courthouse in Ontario usually has different ways of dealing with domestic assault in terms of the programs and resolutions offered. However, in many cases, some type of PARS program (partner assault response courses) is usually the go to counselling program that Judges and Crown Attorneys want to see an accused complete. Completing a program upfront can be very helpful to your case. If you are charged with domestic assault in Brampton or the Greater Toronto area, please contact Baratz Law for a confidential consultation.
Experienced Domestic Assault Lawyer
Over the past 20 years, Mr. Baratz has gained extensive experience representing Accused Individuals charged with Domestic Assault cases and related offences throughout the Greater Toronto Area, including Brampton, Ontario.
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Drug Charges
Defend Against Drug Charges Under The Controlled Drugs And Substances Act with Drug Lawyer Avi Baratz
In Canada, drug offences are prosecuted under a separate federal law called the Controlled Drug and Substances Act, also known as the CDSA for short. The drugs that are captured under the CDSA are listed in schedules attached to the law. There are 100s of drugs categorized that are illegal. (In 2018, cannabis was repealed from schedule 2 of the CDSA, although there are still many offences that relate to cannabis, however, simple possession of cannabis is no longer a criminal offence). Commonly known illegal drugs such as Cocaine, Fentanyl and Opium for example are included in the schedule of illegal drugs. Under the CDSA there are different types of criminal activities that one can be charged with, such as possession of a drug, trafficking of a drug or cultivating and producing an illegal drug. One can even be charged with drug trafficking if one held out the substance to be a drug when in fact it was not (i.e., selling baking powder holding it out to be cocaine). Drug charges are very serious and can include prescription pharmaceuticals as well.
If one is found guilty of a drug-related offence under this law? The consequences range from absolute discharges (not a criminal record) to lengthy jail terms resulting in permanent criminal records. The nature of the drug, the amount of the drug and the activity (for example simple possession as opposed to trafficking large quantities) will determine what type of sentencing consequences will follow from a finding of guilt. When one is charged with drug possession, it is when you are found with an illegal substance. When one is charged with drug cultivation, it is referring to a grow-op or any building or place used to cultivate or create the drugs. Drug convictions can have life-lasting implications for the offender, including restrictions on travel to foreign countries, future employment opportunities and other serious consequences. If you find yourself arrested, or charged for using or selling or possessing illegal drugs, feel free to contact Baratz Law, drug lawyer in Toronto, Ontario for a confidential consultation.
Avi Baratz represents Accused Persons charged with drug related offences throughtout the Greater Toronto Area and Southern Ontario. Call 416-937-3777 to schedule a confidential consultation.
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Fail To Comply
Fail To Comply, Breach & Related Criminal Offences- Contact Our Criminal Defence Lawyer in Brampton
In almost all cases, a fail to comply charge is derived from an initial underlying charge. An accused or offender had an underlying charge, for example, a domestic assault and the failure to comply is a result of an alleged breach of conditions placed upon him/her. In a domestic assault charge, the accused will usually have a bail/release condition to have no contact with the accuser (his/her partner) during the time that the charge is being processed through the courts. If the accused makes contact with the accuser during this time then he/she can be charged with failing to comply with the conditions of his/her bail conditions which restricted any contact. At the conclusion of the underlying charge, say in this case, a domestic assault, the accused could be found not guilty of the charge and win the case. However, if there was a fail-to-comply charge that arose after the initial charge but before it was over, the accused could still be found guilty of the fail-to-comply. The failure to comply would be a separate additional charge. So the underlying charges and what happens to them (i.e., win or lose) really have no bearing on the separate failing to comply charge.Another example of failing to comply would be if the accused was found guilty and given conditions of probation or signed a peace bond with restrictions. Some standard conditions placed upon the offender would be to abstain from contacting the victim (say again in a domestic assault case). If after the offender was sentenced and given such conditions he/she did contact the victim then that would likely constitute a failure to comply with probation. In Ontario, the terms “failure to comply”, “fail to comply” and “breach” are used interchangeably. A related charge is failing to attend court. This offence is also referred to as failure to appear. This charge occurs when an accused does not attend court for his/her scheduled court date. There is also a related charge of failing to appear for fingerprints.
The irony of failing to comply charges is that throughout Ontario, the penalties/sentences for failing to comply with a condition placed upon the offender sometimes are worse than what the sentence would have been for the underlying offence. For example, let’s say a first offender was charged with a fairly minor domestic assault and he/she was found guilty and received a conditional discharge (which is not a criminal record). In such a case, one of the conditions of his/her probation would be not to have any contact with the victim. If the offender breached the probation and failed to comply, then if he/she is found guilty of that offence, the sentence could be up to 30 days in real jail. While every jurisdiction is different, usually, Crown Attorneys and Judges are not too sympathetic when offenders breach their conditions on either their bail or probation orders. For example, with convicted impaired drivers in Ontario, there is a condition that the offender shall not operate a motor vehicle for at least 1 year. Despite the severity of the offence of impaired driving, jail is rarely handed down to first offenders. If the offender is then caught driving within that 1 year period, even if completely sober, a breach of probation has occurred, and the Crown Attorneys usually seek a minimum of 30 days in jail for that underlying charge. Clearly, breaches and failing to comply with court orders are not taken lightly by the courts across the province of Ontario. If you find yourself charged with a failure to comply charge, please contact Avi Baratz Criminal Defence Lawyer in Brampton for a confidential consultation.
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Fraud
Fraud Over $5000 and Related Offences- Fraud Defence Lawyer
The Criminal Code of Canada surprisingly does not define Fraud. Instead, it is defined through legal precedence which holds ultimately that “to defraud is to deprive by deceit, to deceive by falsehood to induce a state of mind or to defraud by deceit to induce a course of action”. The Criminal Courts’ have been loath to attempt anything in the nature of an exhaustive definition of “defraud” but one may safely say, that two elements are essential: dishonesty and deprivation. To be found guilty of Fraud, the intentional aspect is needed to be proved by the Crown beyond a reasonable doubt. The accused must have subjective knowledge of the prohibited act and also, subjective knowledge that the prohibited act could have as a consequence: the deprivation of another. Where the conduct and knowledge required by these definitions are established, the accused will be found guilty whether he actually intended the prohibited consequences or was reckless as to whether it would occur. There are numerous types of dishonest activities that can lead to fraud charges such as welfare fraud, corporate fraud, dishonest conduct in business that would cause a deprivation, securities fraud, banking fraud, real estate transaction fraud, mortgage fraud, and investor fraud to name a few.
Have You Or Someone You Know Been Charged With Fraud?
Avi Baratz trusted fraud defence lawyer represents individuals charged with Fraud throughout Brampton and the Greater Toronto Area. He has a knack for defending these types of cases and enjoys the complex challenges and financial aspects of each case.
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Impaired Driving & Over 80
DUI and Impaired Driving Lawyer
In Canada, it is a criminal offence to drive impaired. One can be impaired by alcohol or drugs, including prescription medication. It is also an offence to be driving with over 80 milligrams of alcohol in 100 millilitres of blood. This legal limit is sometimes referred to as Over 80. As far as drugs go, if one is suspected of being impaired by drugs then an officer can request that a person undergo a drug evaluation by a certified Drug Recognition Expert (DRE). The charge of Impairment by drug is becoming increasingly more prevalent in today’s society including prescription medications. A related charge to these offences is also failure to provide a breath sample or failing to comply with a DRE for evaluation. Drinking and driving is a serious criminal offence in Ontario and a conviction for impaired driving will result in a permanent criminal record. The law on drinking and driving also underwent many changes that make it much easier for the prosecution to prove its case beyond a reasonable doubt. If you are charged with Impaired Driving or Over 80, please contact Baratz Law to schedule a confidential consultation.
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Mischief Charges
The Criminal Code of Canada captures numerous activities that would constitute mischief. One commits mischief if one: 1) destroys or damages property; 2) renders property dangerous or useless; 3) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of the property, or 4) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of the property. There are other forms of mischief and related offences. For example, there can also be mischief in destroying or altering computer data. Mischief, like Theft, is separated into two categories – Mischief Under $5000.00 and Mischief Over $5000.00. These categories relate to the value and monetary amount of the damages caused by the mischief.
The sentencing and penalties for mischief can range from a conditional discharge (not considered a criminal record) to 10 years in prison (depending on whether the Crown prosecutor elects summarily or by indictment). One can also be held criminally responsible if they cause actual danger to life. In such a case, the maximum term of imprisonment is life in prison. Acts and incidents of mischief range from minor vandalism to serious manipulation with malice to someone else’s property(i.e., brakes in an automobile) that would put that person in real danger or peril. If you are charged with Mischief in Ontario feel free to contact Baratz Law for a confidential consultation to discuss your options.
Avi Baratz criminal defence lawyer represents the Accused charged with Mischief Across the Greater Toronto Area and Southern Ontario. Mischief ranges in degrees and usually accompanies other charges.
Case Study
Possession of a weapon for dangerous purpose, s. 88 (1) Criminal Code of Canada & Mischief to Property, s. 430 (1)(a) Criminal Code of Canada, & Threatening Death, s. 264.1 (1) Criminal Code of CanadaS.M. had a volatile history with an ex business associate of his, R.B. In the past, R.B. had alleged that S.M. had assaulted him by punching and kicking him over a business dispute. Mr. Baratz had convinced the Crown S.M. was defending himself at the time against an aggressive R.B. The Crown withdrew these charges. However, a few years later, R.B. alleged that S.M. had slashed his work van’s tires at 2 o’clock in the morning, thereby causing mischief to R.B’s van. This was allegedly done outside of R.B.’s residence in a quiet suburban neighborhood. Furthermore, R.B. had alleged that S.M. had been hiding in the bushes in order to get R.B. back for the earlier charges. When R.B. had awoken in the middle of the night and gone outside to investigate what had occurred to his van, it was alleged that S.M. had appeared literally out of the bushes and waved a switchblade towards R.B. and threatened death. S.M. allegedly ran away after, not expecting R.B. to investigate at 2 o’clock in the morning. Oddly enough, according to R.B., he apparently chased after S.M. but S.M. managed to get away. At trial, Mr. Baratz attacked R.B.’s recollection of the events and his ability to identify the perpetrator. Identify became a major issue at play in the trial. S.M. was found not guilty and acquitted of all charges after trial.
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Sexual Offences
Sexual Assault & Related Criminal Offences
Sexual Assault is an assault of a sexual nature. In the Canadian criminal justice system, Sexual Assault charges are among the most serious an individual can face. If convicted, aside from jail time, a stigmatizing criminal record may follow the offender for the rest of his/her life. Offenders are placed on a sexual offenders registry and face other intrusive conditions placed on them well after the conclusion of their case, such as no contact orders, DNA orders and orders restricting the use of computers or the Internet.
In today’s heightened #metoo movement environment, it is important that an accused receive a fair trial and that the fundamental legal principle of the presumption of innocence prevails. A sexual assault can be of varying degrees and while any sexual assault charge is extremely serious in nature, some (while serious) are less serious than others. There also are many sexual-related offences in the criminal code of Canada that are not defined explicitly as sexual assault such as sexual interference, incest, child pornography, exposing oneself and indecent acts to name a few.
If you are under investigation for sexual assault or offences that are sexual in nature, speak to a sexual assault lawyer immediately. Mr. Baratz’s initial advice is always to remain silent in the face of police questioning. In these particular cases, it has been Mr. Baratz’s experience that the police will try to elicit as much information as possible from the Accused during an interview. Again, remember every person has the absolute right to remain silent during these interviews. This is a basic, fundamental right, protected in the Canadian Charter of Rights and Freedoms. Contact Baratz Law today for a confidential consultation if you are under investigation or charged with a sexual-related criminal offence.
Mr. Baratz is always up for the challenge and ready to defend individuals accused of the most serious crimes; to put the Crown Attorney to their task of establishing proof beyond a reasonable doubt.
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Theft
Theft, Shoplifting & Related Criminal Offences
Theft is a property offence. It falls into two categories: Theft Under $5000 and Theft Over $5000. If convicted for Theft Under $5000, one can be sentenced up to two years in prison. For Theft Over $5000, the potential sentence is up to ten years in prison. Baratz Law has extensive experience dealing with all levels of theft, from shoplifting to white-collar crime. Professionals and business owners charged with theft risk incarceration and the loss of their professional licenses. These charges can also have devastating consequences on one’s life, such as the loss of employment, business and income. No matter your occupation or whether this is a first-time or a repeat offence, Mr. Baratz can assist you with your matter. Call Avi Baratz today to schedule your confidential consultation.
Did you know that many first-time offenders of shoplifting will be offered a diversion to resolve their case? While the Criminal charge is usually stayed or completely withdrawn in these diverted cases, there could still be a record of the incident with the local police station. Contact Baratz Law defence attorney to schedule a confidential consultation to discuss your matter. Mr. Baratz has over 20 years of experience representing the Accused charged with Theft or Shoplifting.
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