Claimed Lawyer ProfileQ&ABlawgsearchResponsive Law
- Criminal Law
- White Collar Crime
- DUI & DWI
- Juvenile Law
- Cannabis & Marijuana Law
- Domestic Violence
Jurisdictions Admitted to Practice
- Law Society of Ontario
- Piece Options
- Session Educator/Volunteer
- Ontario Justice Education Network
- - Current
- Windsor University
- LL.B. (2006) | Law
- York University
- B.A. (2002) | Political Science
- Waterloo University
- M.A. (2002) | Political Science
- The Law Society of Upper Canada # 54011A
- - Current
- The Advocates Society
- - Current
- Toronto Trial Lawyers Association
- - Current
- Criminal Lawyers Association
- - Current
Websites & Blogs
- William Jaksa Criminal Lawyer
- William Jaksa | Criminal Litigation
- I Didn’t Mean It — Can You Go To Jail For A Verbal Threat?
19 September 2019
- Does A Youth Tried As An Adult Face The Same Sentencing?
16 September 2019
- How To Get A Deferred Prosecution Agreement (Remediation Agreement)
12 September 2019
- About The Mistaken Identity Defence
9 September 2019
- What’s Next After Being Sentenced To Life Imprisonment
6 September 2019
- Why Eyewitness Testimony Is Unreliable
4 September 2019
- Is Accepting A Peace Bond An Admission Of Guilt?
30 August 2019
- Police Want To Interview Me For A Criminal Investigation: What Do I Do?
20 August 2019
- Changes to Mandatory Minimum Sentencing For Sexual Offences
12 August 2019
80 Questions Answered
- Q. grand theft auto cases when defendent was acquitted
- A: What is the question? Are you looking for case law on this issue?
- Q. if The statute of limitations are expired why would the state have a grand jury? To help change laws?
- A: The truth is often the first thing that is sacrificed in these scenarios. If a grand jury is empanelled then they will be given evidence to decide whether there is enough evidence to lay charges and continue with the matter. The grand jury is not an investigative tool rather a check on power to ensure that the police and prosecutor have the evidence required to proceed. Without knowing more about the subject fact pattern difficult to fully answer.
- Q. If a person has already been sentence writes an affidavit for his co-defendant can he still be grant a Appel ?
- A: Accused A is found guilty, is then sentenced, and now wants to appeal the conviction and sentence. As long as there are merits Accused A will be given an appeal. That sworn affidavit will likely hurt any appeal if contains a confession.
- Q. I live in Walker County,twice in three weeks a police officer has knocked on my door. How can I find out why?
- A: Check with the local courthouse and see if there is an outstanding or open warrant? The best way is to call the police or retainer a lawyer to make the call for you.
- Q. What are the essential elements of a criminal act?
- A: The parts of the act that must be there to make it a criminal act. For example: for assault, there must be 1. the intentional application of force; 2. that force must be applied directly or indirect; 3. that this force was applied without consent. Even simpler: intention to apply force without consent. If there was consent then an essential element of the criminal act would be missing and thus not a criminal act.
- Q. Can I request money from identity theft before the case is settled
- A: You are certainly allowed to ask the person you suspected that stole your identity to provide you with restitution even before their case is settled. Don't threaten them or offer anything in exchange, simply ask that they make you whole again. If they are smart they will realize that paying back the money before a Judge orders them to is in their best interest. See my article on restitution below: https://www.toronto-criminal-lawyer.co/2019/05/restitution-fraud-defence-lawyer/
- Q. A retarded women files rape charge.
- A: Do you mean a female with cognitive challenges reports to police that she was sexually assaulted? I assume that the police then conducted an investigation and charged someone with this? Everyday vulnerable and marginalized people are mistreated in some of the most horrific ways and we as a society have a duty to protect them. The police and the Attorney General have an obligation to investigate and prosecute and defence lawyers will defend their clients. What was your question?
- Q. Can someone get out of going to prison on a second offence of family violence
- A: Sure, if found not guilty at trial or the charges are dismissed. IF not either of those then sentencing ranges depend on what the Class of the assault was. Further, some up-front counselling programs and treatment that shows remorse or prospects of rehabilitation could take the possibility of custody off the table.
- Q. Does K-9 Police Dog have wear something visible that let's you know it's a cop and the handler also have to
- A: Each police service sets its own policies and rules about officer's uniforms. However, the unlawful motor vehicle search would make an interesting argument if you were charged.
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