Cormier Simard | Montreal Criminal Lawyer | Quebec

A significant victory was achieved in one of Mr Daniel Garcia’s cases: a client accused of two death threats (Section 264.1 of the Criminal Code) and possession of brass knuckles – a prohibited weapon (Section 88 (1) of the Criminal Code) – avoided a criminal record thanks to signing a peace bond (Section 810 of the Criminal Code). The client facing these charges was due to go to trial. Before the trial, a Charter application was ready to be presented by our lawyer, along with a probable Jordan application. Additionally, the prosecutor was unable to prove the third charge regarding…

The client of Lawyer Sophie Racine-Berthiaume was accused of sexual assault (section 271b of the Criminal Code). The incident involved touching in a bar, and the client acknowledged the actions. Therefore, the client pleaded guilty and representations were made on sentencing before the judge. After demonstrating that her client posed no risk of recidivism, had no sexual issues, and that a criminal record would have significant repercussions on her continued employment, Sophie was able to convince the judge to grant conditional discharge to her client. Not all of Sophie’s clients receive absolutions. See notice.

The accused’s vehicle collided with the victim’s while the two were allegedly “bickering.” At the time of the collision, it was alleged that the accused was driving at nearly 150 km/h and was in a state of road rage. The victim’s vehicle rolled over several times, unfortunately resulting in injuries. The accused’s autonomous vehicle regained control and parked itself. He was charged with dangerous driving causing bodily harm under Article 320.13 of the Criminal Code, an offense punishable by up to 14 years in prison. He retained the services of Lawyer Daniel Garcia. The trial lasted two days and was…

A client represented by Lawyer Sophie Racine-Berthiaume was accused of a series of armed robberies committed within a short period of time at convenience stores (sections 344(1)(b) and 463(a) in connection with 344(1)(b) of the Criminal Code). Our lawyer argued that this young man had come to understand the importance of self-mobilization and changing his associations to prioritize his rehabilitation. As a result, he returned to complete therapy that he had previously abandoned, ceased substance consumption, and started making daily efforts that made a significant difference in his routine life. Our attorney also highlighted the limited involvement of her client,…

A client of Lawyer Sophie Racine-Berthiaume was accused of multiple offenses following a conflict with his ex-partner. During the first incident, our client slapped the victim’s arm, tried to prevent her from escaping, and touched her breasts and buttocks in an attempt to get closer. He was then charged with sexual assault (Section 271 of the Criminal Code), assault (Section 266 of the Criminal Code), and forcible confinement (Section 279 of the Criminal Code). He subsequently breached his conditions (Section 145 of the Criminal Code) when the victim sent him messages and he “liked” the received photos. The prosecutor on…

Our client had hit a car on the road at over 100 km/h. After the accident, she allegedly turned off the lights of her vehicle and left without performing the necessary checks (injuries, etc.) or calling the police. Witnesses who were on a nearby balcony saw the entire scene and made statements to the police. Our client panicked when she was stopped by the police. She was charged with dangerous driving (section 320.13 of the Criminal Code) and hit-and-run (section 320.19 of the Criminal Code). Our lawyer, Mr. Daniel Garcia, engaged in intense negotiations with the prosecuting attorney to have…

A client of criminal lawyer Daniel Garcia had entered a store to purchase phones with fake documents. The manager detected the fraud and contacted the police who arrested our client. The client was charged with attempted fraud (art. 380(1) b) (ii) Criminal Code), identity theft (or technically: possession of information about another person to commit a criminal act) (art. 402.2(1)(5)b) Criminal Code) and possession and use of counterfeit documents (368(1) a) (1.1) b) Criminal Code). Daniel was able to negotiate a joint submission for a conditional discharge with a 2-year probation period, 18 months of which included 75 hours of community service. The judge…

A man was accused of four counts of assault related to conjugal violence: assault with strangling (section 267 c) of the Criminal Code), common assault (266 b) of the Criminal Code) and two counts of assault with a weapon (section 267 a) of the Criminal Code). The incidents took place in the context of a toxic relationship between the accused and his spouse. Daniel Garcia’s first move was to set a trial date, as he wanted to present a defence against a number of the accusations. On the day of the trial, Mr. Garcia went to see the prosecutor again…

A client of criminal law lawyer Laurence Ledoux was accused of having made material consisting of child pornography (section 163.1(2) of the Criminal Code). He was accused of creating this type of illegal material after what he wrote in an adult chat room. The client acknowledged that his written comments may have been inappropriate, but he wanted to avoid the one-year minimum prison sentence he was facing. After starting therapy to understand the motivation underlying his writing and thoughts, the client entered a guilty plea, since he admitted to having exposed for public view written material that was considered obscene…

A client of criminal lawyer Daniel Garcia was charged with stealing from vulnerable people (seniors) along with breach of trust in the context of a job relationship (aggravating circumstances), under section 334 of the Criminal Code. Due to our client’s job, the suspended sentence and a criminal record were not a feasible option, which is why we decided to plead the sentence. By acknowledging the true interest of our client, as well as the absence of harm to the public interest, despite a number of aggravating circumstances, the judge granted her a conditional discharge. Our client must respect the following…

The definition of the offense of dangerous driving is provided in section 320.13 of the Criminal Code. In the case of a motor vehicle, the offense is driving in a reckless or dangerous manner, which results in exposing the public to an unacceptable risk. These are overtaking, excessive speed and non-compliance with traffic laws. The factors to be considered in assessing this risk are numerous: condition of the roadway, visibility, density of traffic, how to drive the vehicle in context, etc. It must also be proven that the driver was really in control of the vehicle, and that it was…

An individual who had not accepted breaking up with his ex broke into her residence in Montreal and assaulted three persons, including the lady and her new partner. The individual was charged with breaking and entering (Section 348 of the Criminal Code), an offence liable to imprisonment for life, as well as assault (Section 266 of the Criminal Code). He asked Laurent Morin from the law firm of Cormier Simard to help him with in this situation. The client acknowledged his guilt, and the evidence against him left no room for any doubt. Therefore, he had to find a way…

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The rule of thumb in Quebec is that a police officer must have a LEGAL reason to force you to identify yourself. There are many situations in which you are legally bound to do so: – Persons arrested for a penal offence (this commonly means receiving a ticket) and informed by the police officer of the offence they are charged with must provide their name, their address as well as the required information to confirm the accuracy of this information. – Drivers stopped by a police officer under the Highway Safety Code must also submit certain information. This includes their…

The Longueuil police arrested our client after seeing her handling drugs in her vehicle. The client was charged with simple possession of MDMA (Section 4 of the Controlled Drugs and Substances Act) and care or control of a motor vehicle while her ability to operate the vehicle was impaired by a drug (Sections 253 and 255 of the Criminal Code). After analyzing the evidence, criminal lawyer Xavier Cormier decided that the impaired driving charge had to be challenged in order to have the client acquitted. The evidence of her faculties being impaired by a drug did not seem convincing enough.…

An individual was hospitalized. Unhappy with certain cares, he had bitten a nurse on the wrist until the blood. He was later arrested by the Montreal police and charged with assault (section 266 Criminal Code). The accused did not appear at his appearance date in the Municipal Court and a warrant was issued against him. It was only a few years later that he was informed and he contacted Xavier Cormier to help him in this situation. Our criminal lawyer has asked some hospitals to provide their client’s accommodation history. He was able to demonstrate that the client was easily…

A man from Trois-Rivières was arrested following an incident involving his son-in-law. He was reproached for taking him by the throat (assault) and then threatening to cringe and disfigure him (sections 266 and 264.1 of the Criminal Code). The accused contacted the criminal law firm Cormier Simard to defend himself. He was subsequently charged with not having his fingerprints taken (breach of condition under 145 of the Criminal Code). Our client denied the factual framework as reported by the complainant. He claimed to have only made defensive gestures during the incident. Our lawyer, Mr. Laurent Morin, has been trying to…

First of all, the offense under section 327 of the Highway Safety Code is different from the charge of dangerous driving provided for in section 249 of the Criminal Code, even if they are related. The legal criteria for the commission of the offense, the degree of fault required, the burden of proof and the defenses are different. In addition, the sentences vary widely between a C.S.R. and a criminal offense. Section 327 of the Highway Safety Code prohibits any speed or action likely to endanger the life or safety of persons or property: “327. Prohibited Speed ​​- Any speed…

Criminal Lawyers at Cormier Simard deal with cases in the districts of Montreal, Laval, Longueuil and the surroundings. Mr.Cormier is a former Crown Prosecutor who acquired experience in criminal law in the Quebec Court, the Superior Court of Quebec, the Appeal Court of Quebec as well as municipal courts. He acted as a legal consultant for the United Nations and practised within two international penal tribunals: the International Tribunal for Rwanda and the Special Court for Sierra Leone. As a criminal defense lawyer, Mr.Cormier’s strategy is often to find flaws in the accused’s charges and to expose them while defending…

Two young women were arrested in Montreal for stealing from a Wal-Mart. Charges of shoplifting, possession of stolen goods and conspiracy were brought against them in the Municipal Court under sections 334 and 465 of the Criminal Code. They retained the services of Me Cormier to defend them in this case. After analyzing the file, it emerged that the profile of good citizens of these two clients and the low value of stolen objects allowed to negotiate with the prosecutor for a good result. The file took four court dates to settle, during which both clients completed the steps suggested…

A couple had quarreled in the Montreal area and the police were called. Our client was charged with assault (section 266 Criminal Code) even if his spouse did not wish to file a complaint. Our client was thrown out of his house and forbidden to communicate with his spouse. He hired Xavier Cormier because he wanted to cancel the conditions preventing him from returning to his home and from seeing his spouse before the court date. The criminal lawyer sent an urgent request to the Court. After hearing the application, the prosecutor dropped the charges and the client was allowed…

In Montreal, a man was charged with committing a significant fraud (Section 380 Criminal Code). He denied any criminal implication and had hired our senior partner Laurent Morin to defend him. After analysing the inquiry reports and the client’s version, our criminal lawyer chose to request a preliminary investigation and challenge the need for the client to go to court. Now, the alleged victims did not initially show up in court, which first forced the Prosecutor to withdraw the charges. However, the victims recontacted the Prosecutor later on to have the case re-opened. So the same fraud charges were laid…

Our client was arrested by the Montreal police for a road safety offence. The observed symptoms were alcoholic breath and glazed eyes. He was ordered to blow into the breathalizer. The client tried three times and the results were ‘‘FLO INS’’ (insufficient breath). The officer claimed having given clear instructions. The client said he sincerely tried, but that the officer interrupted him by pressuring him. Following these three attempts, the officer told him it was over and that he was doing on purpose. The client objected and offered to follow him to the station or even to submit to a…

This case that ended in February 2018 was an example of a specially well crafted negotiation carried out by a criminal lawyer of our firm. Two persons who worked in the same business went to a Montreal department store to exchange a vacuum cleaner that had been purchased shortly before. Because of confusion in the undertaking, they ended up leaving the store without paying for a new vacuum cleaner and were therefore charged with several offences: trafficking (Sections 354 and 355 Criminal Code), fraud (Section (380 (1) b) ii) Criminal Code) and conspiracy (Section 465 (1) d) Criminal Code). The…

Two friends were walking down the street in Montreal. At the same time, the police were looking for two suspects involved in a street fight. The two friends corresponding to the description of the suspects were arrested and then searched. A large amount of drugs was found on the one who later became the client of our criminal lawyer. He was charged with possession of cannabis and haschich (Section 4(1)(5) of the Controlled Drugs and Substances Act). After analysing the evidence, Laurent Morin, our lawyer, detected a breach of the defendant’s rights under the Charter of Rights and Freedoms. The…

In the Montreal district, an employee of a supermarket was filmed by security cameras registering false returns of containers. The managers of the supermarket viewed the past days’ recordings and found the scam had been used several times. The amount of the theft was estimated to be $ 3,000. When the employee was met by a private investigator in the work premises, he confessed and signed a recognition of the debt for the same amount. The police were called in and the employee was charged with theft, under Section 334b)ii) of the Criminal Code and possession of stolen goods with…