Criminal Litigation
As experienced and successful trial lawyers in the Ontario Court of Justice and the Superior Court of Justice, Markson Law has extensive experience representing individuals charged with a broad range of offences under the Criminal Code. For individuals facing a criminal investigation or criminal charges, Markson Law works proactively through relentless and focused advocacy that is tailored to the circumstances of each case. However serious or minor the offence may be, the acceptable result is the truly exceptional outcome.
Top Criminal Defence Strategies
Pre-charge and Pre-trial Advocacy
In suitable cases where the client is under investigation and charges have not yet been laid, a principled course of intervention may be pursued to dissuade the police from laying charges. Once charges have been laid, pre-trial advocacy can undermine the existence of a reasonable prospect of conviction and demonstrate that the prosecution is not in the public interest, thereby engaging the legal duty of the Crown to withdraw or stay the charges.
Although a trial may often be necessary, the firm’s emphasis on pro-active, creative, and skilled pre-charge and pre-trial advocacy consistently spares clients from unwarranted charges and unnecessary trials.
Exceptional dispositions
Exceptional dispositions require persuasive advocacy, a thorough understanding of the client’s unique personal history and circumstances, and the identification and pursuit of every available mitigating fact and factor, including, when appropriate, the consideration and pursuit of such steps as focused professional counseling, forensic psychiatric and psychological assessments, a private investigation, character references, or community service. Additional legal and mitigating considerations apply to matters involving young persons. When resolution or a guilty plea is the most advantageous legal course for the client, extraordinary efforts are made in the case of all eligible offences to earn and secure the exercise of prosecutorial and judicial discretion and a non-criminal disposition.
Representative Work
Numerous proactive interventions in the course of live and ongoing police investigations resulting in the negation of grounds to support charges, and the early closure of the case without charges being laid.
Regularly successful in securing the withdrawal of serious charges such as fraud-related matters, assault charges, sexual offences, child pornography offences, computer-facilitated crimes, and obstruction of justice, among others.
Secured stays of proceedings following the successful advancement of motions under the Canadian Charter of Rights and Freedoms to attack the viability of a prosecution in trial matters.
In trial matters, Markson Law is regularly successful in securing acquittals and the withdrawal or staying of charges mid-trial through the effective and creative application of defence strategies.
Where a client pursues a principled resolution path, Markson Law is successful in securing precedent-setting sentencing dispositions and in avoiding risks relating to publicity and professional repercussions.