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How do you recover from a DUI?

Driving under the influence (DUI) is the most common criminal offense in the Canada. Many conscientious drivers with otherwise clean records have been arrested for DUI and suddenly found their lives in a dizzying tailspin from which they could not pull out.

DUI convictions have major ramifications and some can linger for years. Most of us are aware of the short-term consequences, including temporary driver’s license suspension, fees and fines, high insurance premiums, court-mandated community service, participation in drunk driving education programs, and even jail time.

If this is the first time you have been charged with DUI (“Driving Under the Influence”), you are probably wondering what in-fact are the consequences. This is understandable; most people are unfamiliar with the Criminal Justice System until they become a part of it. A general overview of the consequences is as follows, but a more specific overview is provided in another sections of this site. DUI penalties, although different from state to state, tend to depend on whether you have been convicted of a similar offense in the past.

Consequences of DUI

The DUI penalties depend on whether you are convicted of similar offenses in the past. If this is your DUI first offense, you are expected to pay a huge fine. In many states, your license is suspended temporarily and it becomes mandatory for you to attend DUI educational classes. Other consequences are:

•If this is your second DUI offense, you will certainly face jail sentence, permanent license suspension, a hefty fine and/or court cases.

•Most employers prefer that their employees should have a clean driving record. So, if you have DUI records, chances are that you may lose your job and also have problem finding a new job.

•Those convicted for DUI driving also have to pay higher insurance premiums to their company. At times, the existing policy is also dropped under the drunk driving laws of a particular state.

•Other problems may occur, for example, DUI arrests can weaken an individual’s position in a custody battle, rental applications may get rejected and educational scholarships and loans may be denied.

•In countries such as Canada and some states in the US, immigration related rights may be denied or delayed.

Consulting a DUI attorney

DUI records can be disastrous for your future. But what should you do if you are convicted? You have a solution. The most important step is to consult a competent drunk driving attorney. There are criminal law firms that have specialized lawyers who handle DUI-specific cases. With the advent of the internet, finding the best Burlington DUI Attorney has become even simpler today.

HOW TO BECOME A BAIL LAWYER

Being a bail bondsman or woman means that you will bail a person out of jail when they are being held for a certain amount of money. When this amount of money is set, in some cases it is very difficult for individuals to come up with these large sums.

Some people have to borrow the money from loved ones and some people are not able to do that or get the money from anyone. The bail bondsmen will front this money in order for the person to get out of jail until their hearing time.

They are then responsible for paying back the bondsman and showing up for the hearing. In some cases if the person does not show up for the hearing, it is called jumping bond and they are them being looked for by the police.

So, what does a bail bondsman do? As the name suggests, the person is responsible for signing the bond for the bail for the accused person. The accused has to appear before a judge and the bail amount is set then. The accused then gets in touch with a bail bondsman, who then arranges for bail. A bail bondsman is a licensed professional with a good reputation. Both these things allow him or her to secure the bail for the accused. Besides the bail, the bondsman may also give the accused some legal advice.

In order to become a bails bondman, you need a license. Without the license it is impossible to get into this career. The application form the license is available at the office of the Department of Insurance for your state of residence. The office has a few criteria that the bondsman must fulfill and only then the license is given. This license is known as Limited Surety Agent’s license. A person interested in becoming a bail bondsman has to attend classes at a certified school to know the ins and outs of the bail process and the legalities involved. After this you can apply for the license.

The salary of the bondsman comes from the accused. Usually the amount that the bail bondsman gets is 10 to 15 percent of the bail amount. On an average, a bail bondsman earns anywhere from $25,000 to $100,000 annually. However, this is not a job that any and everyone can do as it involves handling people accused of a crime and criminals.

Critical Considerations

The issue at a bail hearing isn’t the defendant’s guilt or innocence, but rather the likelihood that he or she will behave properly and return to court as necessary if released. Generally, the court may consider the apparent weight of the evidence against the accused. But this isn’t the primary consideration, and the judge isn’t normally supposed to make findings about the facts underlying the case.

Letting a Lawyer Handle It

If you have or someone you know has been arrested and is awaiting bail, consult an experienced criminal defense attorney. That lawyer will know the workings of the local bail system, both in and out of court.

And having a lawyer argue the issue of bail is a much better option than the defendant doing so. The lawyer can also arrange for the appropriate friends, family members, and associates to come to court. For example, a lawyer might arrange with a roommate to show up and attest that the suspect has a place to stay upon release.

How many years can you get for a white collar crime?

White collar crimes describe a collection of non-violent offenses that are motivated by financial gain. These crimes are generally committed by business and government professionals. Although white collar crimes are a common occurrence in the modern world, prosecutors often find it difficult to hold perpetrators accountable for the crimes due to the use of sophisticated means of concealing their activities through a series of complex transactions.

Sentences Associated with White Collar Crimes

White collar crime penalties often include fines, home detention, community confinement, paying the cost of prosecution, forfeitures, restitution, supervised release, and imprisonment. The extent of white collar crime penalties vary greatly on the actual crime committed. Reduction of sentences is possible if the defendant takes responsibility for the crime and assists the authorities in their investigation.

The following is a breakdown of penalties for the most common white collar crimes.

Insider Trading Insider trading is a type of securities fraud where participants partake in an “organized scheme” to trade on confidential information. Under federal laws, this crime carries a minimum sentence of 15 to 21 and up to 20 years. Fines of up to $5 million for individuals and up to $25 million for a business entity can also be assessed.
Insurance Fraud Insurance fraud can generally be divided into what is known in the industry as “soft fraud” and “hard fraud.”

Soft fraud occurs when a person exaggerates an existing claim, such as overstating the damages caused by a car accident. This crime is consider to be a misdemeanor that is punishable by fines, jail time of up to one year, community service, and probation.

Hard fraud occurs when a person causes or fabricates a loss for the purpose of obtaining insurance payments. Generally, this crime is considered a felony and it is punishable by incarceration in federal prison for up to 20 years depending on the amount of money involved.

Embezzlement Federal embezzlement laws are divided into categories depending on the type of money and property stolen. Some of these federal embezzlement categories and their penalties are:

Public money, property, or records: If the worth stolen is above $1,000 the crime carries up to a 10 year prison sentence, a $250,000 fine, or both.

Counterfeiting Tools and Material: Embezzling items in this category can result in a $250,000 fine, 10 years in prison or both.

Embezzlement in connection with health care: If $100 or more are stolen from a health care benefit plan, the crime is punishable by a fine of up to $250,000, up to 10 years in prison, or both.

Embezzlement by employees of a bank, lending, credit, or insurance institution: Penalties for more than $1,000 include a fine of up to $1,000,000, up to 30 years in prison, or both. Penalties for amounts less than $1,000 include a fine up to $100,000, up to one year in jail, or both.

Fines for Organizations: Felony convictions result in a fine that is the greater of the amount specified in the law setting forth the offense, twice the amount gained or lost, or $500,000. Misdemeanor convictions carry a fine of up to $200,000.

Tax Evasion Any person who willfully attempts to evade or defeat any tax imposed will be guilty of a felony and can be imprisoned for up to 5 years, fined up to $250,000 for individuals ($500,000 for corporations), or both. If found guilty of tax evasion, the perpetrator can also bear the costs of prosecution.
Money Laundering Money laundering occurs when a person tries to hide illegal obtained funds by “cleaning” the money through seemingly legal transactions.

Misdemeanor convictions of money laundering typically come with fines of up to a couple thousand dollars. However, a federal conviction for this crime can result in fines of up to $500,000 or double the amount of money that was laundered, whichever is greater. Generally, those convicted of this crime can expect a prison sentence of at least a year, but enhancements on this crime can increase prison sentences to 35 years or more.

 

If you have been accused of violating a federal white collar crime and would like legal assistance, contact a criminal defense lawyer  to ensure you are properly represented in your case.

Drug Offences

The Controlled Drugs and Substances Act states that no one shall possess a substance that is listed in the Act. The Act lists a large variety of banned substances including opium, heroin, methadone, cocaine, codeine, oxycodone, morphine, PCP or “angel dust”, Psilocybin or “magic mushrooms”, LSD, and all forms of cannabis, including marijuana, hashish and their oils. Some substances are completely banned, while others are listed as only available under certain limited conditions such as a doctor’s prescription.

Personal possession means possessing a drug on your person or in your immediate vicinity. The offence of possession may be laid where a police officer finds a person with a small quantity of a prohibited drug and the arresting police officer believes that the accused had this drug for personal consumption. The Crown Prosecutor will be required to prove the following elements of the offence:

  • That you had physical possession or custody of the prohibited drug;
  • That you knew that you physically possessed the prohibited drug;
  • That you intended to possess the drug;
  • That the drug is a prohibited drug under the Controlled Drugs and Substances Act

You may also be charged if you knew someone had illegal drugs and gave your consent and exercised control over the drug in some way. For example, if you lived in a home for 2 weeks with a friend and you knew and consented to the fact that he was keeping prohibited narcotics in the bathroom, you could be charged with constructive possession if the drugs were discovered. Thus, even though you did not have physical or personal possession of the drugs, due to the fact that you knew about them, consented to them being there or could have controlled them being there, you will be found guilty of the offence. Similarly, if you are driving a friend who has drugs in their possession, you may be charged with joint possession if it is determined that you were aware of and consented to the drugs being in the car. The Court will infer that you had control over the drugs as well since you could have denied your friend entry into your vehicle if he refused to get rid of the drugs.

The penalties for possession of a controlled substance can be very serious. The Controlled Drugs and Substances Act provides for penalties that vary with the type and amount of drug possessed. It is not legal to possess any amount of any substance prohibited under the Controlled Drugs and Substances Act, even so-called “soft” drugs like marijuana. Possession of marijuana up to 30 grams or hashish up to 1 gram is a summary conviction offence that carries a penalty of 6 months imprisonment or $1,000 fine or both. A second offence may result in up to 1-year imprisonment or $2,000 fine or both.

In most other cases, the Crown has the option of proceeding by indictment or by summary conviction. Indictable offences carry larger maximum penalties. For example, possession of Amphetamines, LSD, mescaline or psilocybin carries a maximum sentence of 3 years imprisonment. Possession of cocaine or heroin carries a maximum penalty of imprisonment for 7 years on an indictable prosecution. Possession of marijuana and hashish if prosecuted as an indictable offence could lead to a maximum of close to 5 years in prison. A conviction for any drug possession offence, even marijuana, will most likely prevent you from being granted entry into other countries, particularly the United States.

A more serious charge under the Act is trafficking in or possessing for the purposes of trafficking any controlled substance under the Act. This charge is usually laid when a person has some equipment, such as weigh scales or plastic bags generally associated with the distribution or sale of drugs, or is found with a quantity too large to be reasonably considered personal use. To get a conviction, the Crown prosecutor must prove two essential elements. First, it must be demonstrated that you trafficked in the substance or that you offered to traffic in the substance. Second, the drug or substance must fall within one of the prohibited categories stated in the Controlled Drugs and Substances Act. If you sell, administer, give, transfer, transport, send or deliver the substance, sell an authorization to obtain the substance such as a doctor’s prescription or offer to do any of these things, you could be charged with trafficking in controlled substances. There does not have to be an exchange of money for drugs in order for it to be considered trafficking. Even passing a marijuana joint or buying drugs to give to a friend can meet the definition of trafficking under the Act.

Penalties for trafficking or possession for the purposes of trafficking are serious. Depending on the drug type and amount, the sentence can range from 18 months or a $2,000 fine or both to life imprisonment. For example, marijuana trafficking or possession for the purposes of trafficking may be 5 years less a day for amounts under 30 kilograms and life imprisonment for any amount over 30 kilograms. Trafficking in cocaine or heroin is almost always punishable by imprisonment for two years or more. You may also face life imprisonment if you traffic over 30 kilograms of heroin or cocaine. Importing Trafficking LSD could yield a maximum penalty of 10 years in prison.

Other offences under the Act include importing and exporting drugs, cultivating marijuana, and producing any other illegal drugs as defined by the Act. The offences have varied penalties depending on the type of drug involved. For example, cultivation of marijuana may be up to 7 years imprisonment and production of other drugs can be up to life imprisonment. The production of drugs is the manufacturing, synthesizing or altering the physical or chemical properties of a substance, the cultivating, propagating or harvesting of a substance or any living thing from which the substance may be extracted or otherwise obtained.

If you have been charged with a drug offence, you should consult with a lawyer immediately.

Find The Best White Collar Fraud Lawyer in Burlington

Once a niche practice developed by only some law firms, white-collar defense has become a core practice with national and international scope at most large American law firms. Over the last 15 years, white-collar defense has grown to respond to the globalization of both American and foreign corporations, the expansion of government oversight of businesses in the U.S. and abroad, and the numerous financial scandals that have erupted over the same period.

“White-collar defense” captures a broad set of substantive areas of the law, all of them arising from the myriad ways that local, state, federal, and foreign governments regulate businesses and entrepreneurs — what they say to investors and the general public about their own successes and failures (securities law); how they compete with one another (antitrust law); how they win business, deliver services, and seek payment when governments are themselves the customers (False Claims Act, Foreign Corrupt Practices Act); how businesses treat the environment; and whether they comply with general laws against theft, fraud, bribery, tax evasion and corruption. Public officials must navigate similar rules and thus present similar types of issues included under the broad category of white-collar defense.

White collar crime attorneys focus on clients that have been charged with a non-violent crime related to their businesses or financial operations.

This often includes money laundering, securities fraud, embezzlement, insider trading, tax evasion, price-fixing, and health care fraud.

White collar criminal lawyers work to refute or reduce the charges brought against an individual and have extensive knowledge of the business regulation and practices as well as legal proceedings.

With technological advancements, it is easier to commit a crime and get away with it. Such crimes are known as white collar crimes and, may also be committed with the help of a paper or a pen. In most cases, such crimes involve more than one person due to different processes involved. Thus, innocent people who may have aided criminal activity unknowingly might find themselves as a target during investigations. These crimes need the expertise of a White Collar Fraud Lawyer Burlington to buy the freedom and rights of the accused.

Over the past few decades, there has been an increase in the number of fraud cases in major governmental organizations. As a result, the number of victims and suspects rose drastically leaving several people spending most of their lives in Jail. White Collar Fraud Lawyer devised several ways of trying to assists these individuals by contesting their crimes in court. In the process, several of the detained clients secured their freedom while the government was left with a task of searching for the real culprits.

White Collar Fraud crimes are heard in either superior court or the district court. Crimes handled by White Collar Fraud Lawyer Burlington include:

  • Embezzlement
  • Forgery
  • Bribery
  • Fraud – these may include a presentation of false records, knowingly misinterpretation of vehicle mileage and fraudulent health claims.
  • Tax Evasion/Tax Fraud
  • Securities Frauds- this is an illegal sale, purchase or offering of securities that can result in a jail exceeding 25 years.
  • Money Laundering
  • Insider Trading
  • Environmental Crimes
  • Copyright infringement and Video Piracy

Possible Penalties for White Collar Fraud Crimes.

Penalties of the named crimes may include, or a combination of:

  • Fines
  • Imprisonment
  • Community Services
  • Probation
  • Disgorgement
  • Restitution
  • Home Detention
  • Forfeitures
  • Cost of Prosecution

Some possible defense tactics to be applied by White Collar Fraud  accused persons.

The ideal way to handle such cases is by contacting a qualified Fraud and White Collar Attorney Burlington who will aggressively represent the accused.

The Lawyer is in a position to challenge the prosecution and eliminate chances of:

  • Restitution
  • Claims for Damages
  • Forfeiture

Making a statement in the absence of an attorney can jeopardize one’s life. An accused should always consult an attorney before giving any information to the investigators. Thus, this makes it easier in the gathering of evidence needed to undermine prosecution case against an accused.

Murder, Manslaughter or Infanticide – Culpable Homicide Under Canadian Law

In Canada, criminally blameworthy homicide is either murder, manslaughter or infanticide. Homicide that does not fit into one of these categories is not a crime.

Infanticide occurs when a female person causes the death of her newly born child when her mind is disturbed as a result of the effects of giving birth.

The maximum sentence for infanticide is five years in jail. There is no minimum sentence.

Manslaughter occurs when a person causes the death of another by means of an unlawful act but did not intend to kill the victim. A classic example of manslaughter is the scenario of a punch causing the victim to fall down striking his or her head on a curb, the latter impact causing death. There is an unlawful act, the assault, but no intention to cause death.

In certain circumstances, manslaughter can be found when deliberately fatal blows are inflicted as a result of a physical or mental shock to one’s system. In Canadian law, this concept is known as provocation. Legal provocation can reduce what might otherwise be the crime of murder to manslaughter.

In rare circumstances, the crime of murder can be reduced to manslaughter if the consumption of alcohol or other intoxicants has affected the mental processes of the perpetrator.

As a very general statement, it is correct to say that all criminally blameworthy homicide that does not constitute murder, is manslaughter. This broad concept may capture fact situations other than those discussed above under this heading.

The maximum sentence for manslaughter is life in prison. Unless a firearm is involved, there is no minimum sentence.

Murder occurs when a person intentionally causes the death of another or intentionally inflicts bodily harm that he or she knows is likely to cause death and is not acting in the course of self defence or the defence of another as defined by law. Murder may be either first degree murder or second degree murder.

First degree murder occurs in the following circumstances:

  •  If the murder is planned and deliberate;
  •  If the victim is a peace officer or prison guard;
  •  If the murder is caused in the course of a hijacking, sexual assault or kidnapping;
  •  If the murder is caused in the course of criminally harassing another (for example, stalking);
  • If the murder is caused in the course of terrorist activity;
  •  If the murder is caused as part of the activities of a criminal organization;
  •  If the murder is caused in the course of intimidating a group of persons or the general public, in order to impede the administration of justice, in the course of intimidating a justice system participant or in the course of intimidating a journalist for the purpose of attempting to dissuade that journalist from disseminating information about a criminal organization;
  •  Any murder, if the perpetrator has previously been convicted of murder.

 

Second degree murder is all murder that is not first degree murder. Generally speaking, second degree murder is a deliberate killing that occurs without planning and does not involve any of the victims or circumstances listed above under first degree murder.

The sentence for second degree murder is life imprisonment with no parole for a least ten years or any such higher number between then and twenty five years, as decided by a judge (different sentencing rules exist for persons under the age of 18 years)

Juvenile Sexual Offenders

Juvenile delinquency is a sad part of the legal system. When youth start down the wrong path it is imperative that steps are taken to get them back on track. Juvenile delinquents miss important experiences that their crime-free peers will enjoy, such as completing school in a timely manner and other staples of youth.

What leads young people to commit crimes? The most common theories are that youth commit these offenses when they are bored, and especially when they are influenced negatively by peer pressure. Some studies look to influences from their parents and older siblings as possibly influencing youth to perform illegal acts.

No matter the cause, when a youth commits a crime and is punished for it, they suffer. While almost any crime can be committed by someone underage, there are quite a few crimes that stand out as those that are most often the reason a young person is being referred to the juvenile court. These crimes are usually addressed with a service requirement, a fine, or possibly detainment within a juvenile facility.

Law is no exception from the above concepts. If we take a look at the ordinances concerning crimes related to juvenile offenders, we may be easily impressed by the relatively lenient treatments or punishments for these offenders.

So who can be called as a child or young person? And whom the Juvenile Offenders Ordinance will affect? According to Juvenile Offenders Ordinance (Cap. 226 Sec. 2), a “child” means a person who is, in the opinion of the court having cognizance of any case in relation to such person, under the age of 14 years. A “young person” means a person who is 14 years of age or upwards and under the age of 16 years and it is clearly stated that no child under the age of 7 years can be guilty of an offence.

If a young person has violated the law, they will generally be trial in the Juvenile Court; no person shall be present at any sitting of the Juvenile Court except officers or any persons directly related to the case concerned. We can see clearly the juvenile are better protected from other or outside disturbances and any things do are trying to minimize the psychological impacts on them.

There is special separation of children and young persons in police stations, courts and procedure in the Juvenile Courts too. Some restrictions are imposed on the punishments of the children and young persons; for example, no child shall be sentenced to imprisonment or committed to prison in default of payment of a fine, damages, or costs. No young person shall be sentenced to imprisonment if he can be suitably dealt within any other way and even if he should be sentenced to imprisonment, he shall not be allowed to associate with adult prisoners.

SEXUAL ASSAULT AND CRIMINAL SEXUAL OFFENCES

Being charged with sexual assault or other sex crimes can severely damage a person’s reputation. Society and the Criminal Code of Canada regard criminal sexual offences as very serious crimes, which should never be taken lightly.

In Canada, one of the more common sex crimes is sexual assault. It is an assault against another involving circumstances of a sexual nature without their consent. It is one of the more serious assault offences since not only is the victim sexually violated, but also there is some force or threat of force used against them, which they did not consent to either. In order to determine whether a person should be charged with sexual assault the police and Crown will look at several elements and evidence in the case, such as

  • The part of the body that was touched.
  • How the body was touched and nature of the contact.
  • The situation in which the victim was assaulted.
  • Any gestures or words used in conjunction with the act.
  • Any other relevant circumstances relating to the act.

It is important to note in order to be charged with sexual assault, one does not have to physically engage in sexual intercourse with the other person. You can be charged for this crime if you used your hands or other parts of your body, as well as objects in a sexual manner where the victim did not consent to the act. The police and Crown will consider and weigh everything which occurred, as well as the motives of the accused person in determining whether there are grounds for filing sexual assault charges against the accused.

Sexual Assault as Defined by the Criminal Code of Canada

The criminal offences of assault and sexual assault are defined in Section 265 of the Criminal Code of Canada. The crimes are summarized below, as follows:

1. Assault is committed when:

  • Without the consent of another person, the accused intentionally applies force, either directly or indirectly, against the individual.
  • The accused threatens or attempts to apply force to the victim, by act or gesture. The accused has, or causes the victim to believe, on reasonable grounds that the accused presently has the ability to affect their purpose.
  • Or, while openly carrying or wearing a weapon or imitation weapon, the accused accosts or impedes the victim or begs.

2. This section of the Criminal Code of Canada applies to all forms of assault, including sexual assault with a weapon, sexual assault, aggravated sexual assault, and sexual assault causing bodily harm, as well as threats to cause bodily harm while committing sexual assault.

  • The accused obtained, where the victim submitted or did not resist, by reason of the application of force to them, or to a person other than the victim.
  • There were threats of force or the fear that force was going to be used either against the victim or to another person.
  • The accused fraudulently misled the victim.
  • Or the accused exercised their authority over the victim.

3. Where the accused alleges they believed the victim consented to the act, as related to the criminal assault offence, a judge, if satisfied there is sufficient evidence to bring charges, and if the defence could be believed by the jury, the judge can instruct the jury when reviewing the evidence in the case, relating to the determination of the honesty of the accused statement and belief of consent, to either consider the absence or presence of reasonable grounds for that belief.

Sentences and Punishments for Sexual Assault

The severity of being found guilty of sexual assault can drastically impact a person’s life. All persons found guilty of sexual assault, as well as other criminal sexual offences, are required by law to be placed on the national and provincial sex offender’s registry and be subject to supervision by the police indefinitely. In addition, being on the registry can impact the ability to find and maintain employment, could have travel restriction, and could have restrictions on where a person may reside.

Besides the stigma of being on the sex offender’s registry, being convicted of sexual assault has other sentencing guidelines and penalties. These penalties are determined by how the Crown decides to proceed with the case, either by summary conviction or indictment. As a result, there is potential imprisonment periods for sexual assault ranging from a maximum of eighteen months to ten years. How the Crown chooses to proceed in filing charges is entirely at their discretion. The Crown considers each case on its own facts to assess how to prosecute the case and what punishments the judge could impose during sentencing.

GUNS AND GANGS IN BURLINGTON

Gun-related violence is violence committed with the use of a gun (firearm or small arm). Gun-related violence may or may not be considered criminal. Criminal violence includes homicide (except when and where ruled justifiable), assault with a deadly weapon, and suicide, or attempted suicide, depending on jurisdiction. Non-criminal violence includes accidental or unintentional injury and death (except perhaps in cases of criminal negligence). Also generally included in gun violence statistics are military or para-military activities.

They cause fear, destroy property, threaten community security and drive out businesses.

The gang problem affects all races, ethnicities, socioeconomic classes and neighbourhoods, including suburbs and rural areas. Studies show that prolonged involvement in gangs can wreak havoc on a child’s life and development.

Luckily, there are many ways you can prevent gang problems in your community.

What does “gang” mean?

Any group of three (3) or more people, formally or informally organized, which may have a common name or identifying sign or symbol, where members individually or collectively engage in or have engaged primarily in street level criminal behavior, creating an atmosphere of fear and intimidation within the community.

Understand the gang allure

Street gangs provide the illusion of belonging, security and friendship, especially for teens who feel isolated because of their ethnic or cultural background. Many teens get caught up in the excitement of gang membership even when they are forced into violent, scary circumstances.

Gang related activities affect everyone

Signs that your child may be involved in gang activity…

  • Shows signs of tobacco, alcohol or drug use.
  • Changes circle of friends and desires too much privacy.
  • Carries a weapon or conceals personal items.
  • Makes impulsive, excessive purchases (clothes, jewelry, car).
  • Has large sums of money from an unexplained source.
  • Uses a gang’s specific colours, emblems or hand signals.
  • Has had negative interactions with police.
  • Engages in vandalism or delinquent behaviour.

What parents can do to assist in preventing gang activity…

  • Spend quality time with your children and get involved in their education.
  • Know your children’s friends and their families.
  • Teach your children how to cope with peer pressure.
  • Help your children develop good conflict/resolution skills.
  • Encourage your children to participate in positive after school activities with adult supervision (e.g. organized sports, youth groups).
  • Challenge your children’s whereabouts.

“Gangs are a complex issue. They involve at-risk youth and men and women in organized crime groups. We know that a multifaceted solution that involves the entire community is the answer. To that end, we as a community need to address the broader social factors at play.  Effective anti-gang efforts begin with partnerships among parents, schools, law enforcement, religious institutions, community organizations, businesses and youth. And to successfully address the gang phenomenon, we need to develop a comprehensive gang strategy, involving several components:  Early identification of at risk individuals, education, prevention, diversion, suppression, exit strategies and community involvement.”

What’s our community doing about street gangs?

Resources:

  • Child and Youth Friendly Burlington is a not-for-profit organization specializing in youth leadership and mentoring initiatives.
  • Christie Lake Kids serves economically disadvantaged children and youth by providing recreation and skill-building programs at no cost and with all barriers to participation removed.
  • Boys and Girls Club of Burlington offers a range of opportunities and activities to youth in a safe, supportive atmosphere.
  • Big Brothers Big Sisters Burlington pairs children with inspiring mentors who act as friends and role models.
  • Kids Help Phone provides youth with toll free, 24 hour, bilingual and anonymous phone counseling across the country.
  • Children and Youth Agenda sponsored by the City of Burlington and United Way burlington seeks to improve access and availability of services for youth and their families through community action.

Elements of Theft

What Is Theft?

Theft, also known as larceny, can be defined as the wrongful taking and carrying away of the property, such as money or gas, of another with the intent to deprive the person of the property permanently. Theft can be committed in a number of different ways, many of which are described below.

What Are the Elements of Theft?

In order to be properly convicted of theft, all of the following elements must be proven:

  • Wrongful Taking – The property was taken without consent and was unlawful
  • Carrying Away – The property need was moved from where the owner had placed it or intended it to be placed
  • Property of Another – The property must belong to someone other than the thief
  • Intent to Deprive Permanently – The thief intends that the owner not own the property ever again.

It is a defense in most cases of theft if the thief reasonably believed the property belonged to him.

What Are the Types of Theft?

The specific elements needed to prove theft depend on the type of theft committed.

Auto Theft: Theft of a motor vehicle. Motor vehicles include cars, trucks, buses, motorcycles, etc.

Petty Theft: The theft of anything with a value less than a specified money amount. In most states, theft of anything under a value of $400 is petty theft. Petty theft is usually a misdemeanor.

Felony Theft: Sometimes also known as grand theft, is theft of anything over a specified value, usually over $400. As indicated by the name, this type of theft is a felony.

Theft by EmbezzlementEmbezzlement occurs when you take property that has been entrusted to you. It is necessary that the property be acquired through a relationship of trust, also known as a fiduciary relationship.

Theft by Forced Entry: Theft by forced entry onto a property, such as a house, room, apartment, motor vehicle or tent, is considered burglary. Note that the thief does not have to actually break into the property for it to be burglary. Trespass, entry without consent, is enough to trigger burglary if the trespass was committed to enable theft.

Theft by Force: Theft through the use of force or fear of force is known as robbery. Note that the actual application of force is not required; the victim merely has to be afraid of the thief for the crime to be considered robbery. Robbery may be enhanced, be given extra punishment, if a deadly weapon was used to commit the crime.

Theft by Deception: There are two kinds of theft by deception. One is called false pretenses and the other is known as larceny by trick.

  • False Pretenses – When you deceive someone into giving up possession and ownership of his or her property through some misrepresentation of the truth, such as lying, you have committed the crime of false pretenses. For example, if you lie to someone and tell them that you will pay $5000 for his or her car and they give you the car, with the pink slip, you have committed false pretenses.
  • Larceny By Trick – Unlike false pretenses, to commit larceny by trick all you need is to trick someone into giving possession of his/her property to you. For example, if you just tell a person you want to borrow his or her car, yet you do not intend to return it, you have committed larceny by trick.

Theft By Possession: This occurs when you are in possession of stolen property. In order to be guilty of theft by possession, you must have possession of stolen property, know that it is stolen or have reason to believe it probably was stolen, and meet the other elements of theft.

What Can You Do If You Are Accused of Theft?

If you are accused of theft you should speak to a criminal defense lawyer immediately to learn more about your rights, your defenses, and the criminal justice system. A criminal defense lawyer has the experience and knowledge to help defend you.

What If I Am a Victim of Theft?

If you are a victim of theft you should call the police. If there is sufficient evidence, the police will forward your case to the Prosecutor’s office to prosecute the person who committed the crime against you.


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