Dr. Fariborz Davoudi BA, LL.B, LL.M, Ph.D Barrister and Solicitor
Criminal Lawyer
Hi, I’m Fariborz, a lawyer with a PhD in criminal law and more than 20 years of experience.
As seen in…
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What People are Saying …
Assault & Domestic Violence
An assault is rendered domestic when the charge involves intimate partners. Domestic assaults are pursued with greater vigour by the criminal justice system because there is a high risk that domestic assault may escalate if it is not dealt with. There is a great deal of misunderstanding in the role of the complainant in a domestic assault case. It is imperative that people charged with these types of offences be represented from the very start of the proceedings.
All Weapons Offences
The unregistered use, illegal possession and trafficking of weapon(s) are all criminal offences which carry severe penalties. Weapons offences are highly contextual; The situation in which a person is arrested and charged with a weapons offence is a significant factor in determining how the matter is dealt with.
Criminal Court of Appeal
At the conclusion of a criminal trial, after a verdict has been rendered, the judge’s decision may be open to appeal. Both the crown and the defence have the opportunity to seek an appeal regarding the judge’s decision. Whether an appeal has merit depends on the context of the matter. The reason for an appeal may be based on an error in law or a misapprehension of evidence. Appeals can be filed both with respect to conviction or a sentencing decision.
Drinking and Driving (DUI)
Alcohol and cannabis-impaired driving charges can be laid if your blood alcohol concentration is 80 or more, or if you are in the warn range (blood alcohol concentration between 50 and 79).
Drug Offences
Possession of a controlled substance such as cocaine, heroin, amphetamines, and other drugs in a place that you control (such as on your body or in your home or car) is considered a criminal act. Drug offences can involve possession, or possession for the purpose of trafficking, production, and importing.
Drug prosecutions are considered to be very serious in Canada. Drug-related offences often involve technical arguments and legal analysis. Convictions for these types of offences usually include a period of incarceration. A strong background in charter litigation can often determine the outcome of drug-related prosecutions against an individual.
Fail to Remain/Failure to Stop
Failure to Remain or Failure to stop offences may fall under the Criminal Code or the Highway Traffic Act. An individual who operates a vehicle and while at the time of operating the vehicle knows or he is reckless as to whether the vehicle has been involved in an accident may be found guilty of the offences.
Practice Areas
Highway Traffic Offences
A Highway Traffic Act offence is a regulatory offence. Offences of this nature involve the operation of a vehicle in a fashion that is contrary to established rules of the road. Convictions for these types of offences will impact an individual’s insurance rates and may impose driving restrictions.
Mischief
Mischief offences are very broad in nature and it could include a very comprehensive ranges of activities. Mischief charges are fact specific.
Pardons
Provides relief for persons who have been convicted of offences and have subsequently rehabilitated themselves. The record suspension is predicated on a number of factors ranging from the nature of conviction on one’s record, the sentences the person received, and the dates of conviction
Robbery & Theft
The Criminal Code defines robbery as the use or threat of violence in order to deprive or attempt to deprive someone of his or her property. The determination of robbery is contextual and it’s fact specific; Sentences upon conviction could include criminal record and/or incarceration.
Sexual Assault
Being convicted of a sex-related offence can be life-altering and expose an individual to significant stigma. The criminal justice system treats these offences very seriously and they are pursued vigorously. Any unwanted contact with a sexual connotation could qualify as a sexual assault. Retaining experienced counsel to defend against sexual assault charges is imperative.
Restraining Orders & Warrants
A family court order whereby the court limits what a person can do, including where a person can go, or who they can contact or communicate with.
Tax Evasion
Tax evasion is an illegal attempt to defeat the imposition of taxes. This can be done by not reporting all of your income, or by fraudulently claiming expenses or tax credits that you are not entitled to deduct.
Assault with a Weapon
Assault with a weapon is a broadly defined offence. Depending on the context, any item may be considered a weapon and also an individual may be charged with assault with a weapon even if no contact was made with the complainant.
Arson
Arson as defined by the Criminal Code occurs where an individual intentionally or recklessly causes damage by fire or explosion to property. As per Criminal Code, there are various ways by which an individual may be prosecuted for committing this offence. The penalties if found guilty can be severe, with the maximum punishment being life imprisonment. There may be other significant consequences that may include in being barred from having access to housing or rental apartments.
Bail Hearings
A bail hearing occurs after an individual has been charged with an offence and the crown feels the individual should remain in custody, either because they are a flight risk, because they may re-offend while charges are pending, or if the community is offended if they are released from custody. A bail hearing offers an opportunity to an individual to apply for judicial interim release. This is a very important stage in the criminal proceedings against an individual; The trial for the criminal charges may not take place for many months or even years. Hence, if the person is out of custody while waiting for the determination of their charges they can plan and prepare for their defence with less pressure or they could resume his normal life while waiting.
Bail Review
If an accused is denied bail, they may bring a bail review application to the Superior Court of Justice. The bail review application process involves a hearing whereby the accused must demonstrate that the detention order should be vacated; This involves raising legal arguments to demonstrate that there has either been an error in law or if there has been a material change in circumstances.
Break & Enter
The definition for break and enter involves being illegally in a commercial setting or a dwelling house. This particular offence has multiple features and may include home invasion as well. There is no requirement to steal or take anything from the location that an individual was not supposed to be in. Consequences of breaking and entering could involve long-term imprisonment.
Careless Driving
Careless driving is a quasi-criminal offence that is prosecuted under the Highway Traffic Act. The scope of what may be considered careless driving is extremely broad. The penalties for such an offence may include fines, incarceration, demerit points, and increased insurance rates.
Charter Applications
Upon violation of an individual’s constitutionally guaranteed Charter right, an application may be brought to seek a remedy to address the potential Charter violation. Remedies may include the exclusion of evidence or a stay of proceedings. Raising charter arguments and launching constitutional challenges are extremely technical and require vast knowledge and experience in litigation.
Criminal Harassment
Criminal Harassment involves behaviours that are repetitive in nature. Such behaviours may include repeated texts, stalking or threats. The way in which such an offence may be dealt with is highly contextual, and thus the penalties for such conduct will depend on an analysis of the conduct in question.
Driving While Prohibited
Driving offences have serious consequences, and they may fall under both the Criminal Code and the Highway Traffic Act. The penalties upon conviction may range from license suspension for one year or more, fines, incarceration, increased insurance rates, prohibition orders or criminal records. Defending these types of offences are highly technical and often involve constitutional litigation. An experience litigator is an asset in defending against driving related offences.
Dangerous Operation
Dangerous operation occurs when an individual operates a motor vehicle in a manner that is dangerous to the public. What is considered dangerous operation involves an assessment of the factors specific to the case. Being found guilty for dangerous operation may attract a penalty of incarceration and/or licence suspension.
Fraud
Fraud is considered a crime of dishonesty often involving illegal monetary gains. It may be perpetrated against another individual or it may be on commercial scale. Being charged with fraud is highly context specific and can encompass a wide range of criminal activities. Fraud charges are highly technical and defending them involves knowledge of law, accounting, and business practices. The consequences of fraud conviction can be severe and may greatly diminish future prospects of the accused’s ability to lead a productive life.
Fingerprint Destruction
Arrest procedure involves the police taking an accused’s fingerprints and photographs. If found not guilty, the charges are withdrawn or dismissed, an individual can apply to have their fingerprints and photographs destroyed after a specified period of time.
Extradition
Extradition laws of Canada may apply to an individual who is alleged to have committed a crime in another country. Upon the request of a foreign state, a hearing may be held to determine whether an individual needs to be delivered to the requesting foreign state to face prosecution.
Impaired Driving & Over 80
Impaired driving offences in Ontario involve the operation of a vehicle while impaired by Alcohol, Drugs, or a combination of alcohol and drugs. An individual will be found guilty of impaired driving if found that his or her ability to operate a motor vehicle was compromised by alcohol, drugs, or other factors. Over 80 charges involve having blood alcohol concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood. Impaired and over 80 charges are strictly prosecuted and are subject to mandatory minimum penalties.
Importing
Importing offences are extremely serious and they tend to attract significant custodial dispositions. An individual may also be charged with the offence of importing for receiving items without the appropriate license, not being in compliance with Canadian importing regulations, or receiving prohibited contraband. Importing trials are highly complex and involve high level of litigation.
Internet Related Charges
Modern life has made it impossible to live without digital technology. As a result of widespread internet use in our personal lives, the law has expanded the range of offences for people who use this technology. The type of offences may include bullying, harassment, fraud, threats, and child pornography related charges. Defending against these charges are potentially very complex and they often involve raising constitutional arguments.
Internet Related Charges
Modern life has made it impossible to live without digital technology. As a result widespread use of internet in our personal lives has expanded the range of offences for people who use this technology. The type of offences may include bullying, harassment, fraud, threats, and child pornography related charges. Defending against these charges are potentially very complex and they often involve raising constitutional arguments.
Murder/Culpable Homicide
Murder is the most serious offence in the Criminal Code. The determination of planning and deliberation are the deciding factors in establishing whether a person is charged with first degree, second degree, or manslaughter.
Production
Production involves producing any illegal substance by way of manufacturing, synthesizing, altering the chemical or physical properties of the illegal substance, cultivating, or harvesting the illegal substance. Quantities may be for personal use or large amounts intended for commercial purposes. These offences usually attract custodial dispositions. The relevant factors deciding the level of punishment include prior criminal record, the nature of the substances involved, and the quantity of the illegal substances. The defence of these charges often involves complicated Charter litigation.
Parole Hearings
Parole Hearing involve post-conviction determinations. Parole board members examine the suitability of an offender to be released into the community. The board typically looks at whether the individual is a threat to the community based on the offence that the person is in custody for, their prison record, and their prospects to re-adapt themselves in the community if released.
Peace Bonds
A peace bond is a judicial order obligating the individual to keep the peace and be of good behaviour for the duration of the peace bond as well as adhere to any other required conditions. A peace bond may impose restrictions on the person’s movements or who he or she can have contact with.
Quasi-Criminal Prosecutions
The prosecution of quasi-criminal matters usually extend beyond the Criminal Code and include violation of Federal and Provincial laws. Convictions for these types of offences may involve back-breaking fines and possibly even jail time.
Theft
Theft includes a wide range of offences, from shop-lifting to large scale fraudulent schemes. Theft offences are broken down to under $5000.00 and over $5000.00. The penalties for being found guilty of theft largely depends on whether the conviction was for theft under $5000.00 or over $5000.00.
Trafficking
Drug trafficking are among the most serious criminal offences. The penalties are significant and they will have lasting impacts on one’s life. It is imperative for an individual to be represented by an experience counsel. Trafficking offence usually involve a mixture of technical and factual defences.
Uttering Threats
The uttering of threats is a hybrid offence and may be committed in a variety of ways. The potential punishment will be dependent on the context in which the threat(s) were made. This type of offence has both subjective and objective dimensions.
Youth Criminal Offences
Youth offender matters are dealt with in a different setting, separate and apart from adult criminal courts. Should an individual between the ages of 12 and 17 be charged with a criminal offence, the prosecution of the case must adhere to the framework established by the Youth Criminal Justice Act.
Offices
206 Major MacKenzie Drive
Richmond Hill, ON L4C 1H5
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695 Layton Court
Pickering, ON L1W 3W5
Hours
Please call to request an appointment.
Phone
#416.899.9645