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CaptanLaw
CaptanLaw, Lawyer
Category: Canada Law
Satisfied Customers: 242
Experience:  I'm a criminal defence lawyer, who assists individuals charged with crimes.
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Our son has s G2's. He was stopped by police after a very

Customer Question

Our son has his G2's. He was stopped by police after a very long days work (230am)on a Thursday night. When stopped he was asked to blow in the breathalyzer since her was driving almost in the centre of the road ( we live on a dark gravel road with lots of wildlife coming out of bush line area). Our son blew 0.025 and police also found a very small amount of marijuana in his pocket. The Anishnabec Police officer took his licence away for 3 days and come to our home to return it on the following Saturday after 11pm confirming that he was now cleared to drive. Officer and myself agreed that it might be beneficial for our son to stay away from these so called friends and to drive to and from work only until this legal matter was dealt with. The police Officer stated that his licence suspension would have been for 90 days but since there was no one available to draw blood or get a urine test, they could not prove what was in his system. NOTE: Our son was diagnosed with ADHD + Bipolar which he takes meds for both.
Our son was told that he would not qualify for legal aid since he his currently working and when calling for a lawyer, he his told that it would be a flat rate of $3500 or $400/hour and lawyer stated that even if they won the case he would have to either do volunteer community hours, donation amount of "X" amount of dollars to a volunteer committee of his chose and or fine of approx. $1000-1200. This is our son's first offence.
How would one go without a lawyer, not waste the courts time and just pay fine and/or do community hours? Who would we contact? we live in the North Bay and area.
What would you recommend...Awaiting your direction(s)
Thanking you for your valuable time in advance
Submitted: 1 year ago.
Category: Canada Law
Expert:  CaptanLaw replied 1 year ago.

Hello:

Sorry to hear about your son's situation. Just to be clear, was he charged with Possession of a Controlled Substance only; if so, what was the quantity of marijuana i question?

T

Customer: replied 1 year ago.
The court documents are at home, he had 2 charges.
Driving under the influence
Possession of marijuana (3 - 4oz), I think?
Expert:  CaptanLaw replied 1 year ago.

Perhaps you can confirm the exact charges, as I will be able to provide a more specific answer.

It's important that your son get legal advise prior to making a decision about what he wants to do. That 5 minute chat with Duty Counsel may not have been enough.

But if he does decide he wants to "resolve" this case without going to trial, Duty Counsel are lawyers who can usually assist with that at no cost (they work for Legal Aid Ontario, and are stationed at criminal courthouses in Ontario). They can, for example, assist with a guilty plea, and sometimes they can meet with the prosecutor to discuss the case on behalf of the accused.

If your son doesn't qualify for Legal Aid, he may wish to contact a lawyer through Justice Net (http://www.justicenet.ca/), which is an organization that tries to connect individuals with lawyers willing to take on cases at reduced rates (well below the rate you were quoted by the lawyer you called).

With that in mind, I'd be interested in knowing what he's charged with!

Customer: replied 1 year ago.
Thanks, ***** ***** I stated earlier, all the legal documents are at home and I am at work until past 8pm tonight.
Expert:  CaptanLaw replied 1 year ago.

No problem; when you take a look at them, just let me know what the charges are.

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