Mat Schwartz practices exclusively in Criminal Law
Drug Offences
The Crown prosecutes a wide range of drug offences, from simple possession of small quantities to large-scale trafficking operations . These cases can be sophisticated, often involving search warrants, police surveillance, and wiretaps. If a person is found guilty, the sentencing range is equally wide - from discharges resulting in no Criminal Record, to long term time in a penitentiary.
There are rules that the government must follow in their investigation. If these rules are broken, evidence may be excluded at trial, or charges may be dropped.
Bad warrants, entrapment, unreasonable police conduct, and personal use vs. trafficking, are examples of the many complex legal defences available for the right case.
Domestic & Violent Offences
From physical altercations between couples, to Break & Enters and Homicides - these are among the most serious offences found in the Criminal Code.
Allegations of Sexual Assault in particular have recently become a tangled area of the law. These cases often require specialized applications to fully challenge the Crown’s case. Experienced counsel also know that these matters are more than a simple “he said, she said”, and require a careful approach in front of a Judge or Jury.
Be it the “Ghomeshi” disclosure regime to use private communications between individuals, or Section 276 applications to question on previous sexual history, it is critical to use all available legal tools when so much is at stake.
Driving Impaired
Drinking & driving related charges, are among the most common criminal charges for a person with no prior Criminal Record. These charges can have serious consequences - if found guilty of Driving while Impaired, or Driving with Blood Alcohol Content (BAC) of over 80 milligrams of alcohol per 100 mililiters of blood, a person will (a) receive a Criminal Record, (b) be prohibited from driving for a minimum of 1 year, and (c) will have to pay a minimum of a $1000 fine.
The "economic hit" of a Drive Impaired is often overlooked. In addition to the mandatory fine and extra expenses related to the loss of a license, Manitoba has a mandatory interlock device program which costs upwards of $1500 per year. MPI will also commonly assess a 5-10 point drop on a person's Driver Safety Rating (DSR - the replacement to the merit/demerit system). There are also costs related to a mandatory driver program, vehicle impoundment fees, and more. A Criminal Record may also make travel outside of Canada more difficult, increasing the possibility of being turned back at a border crossing, or requiring expensive "waivers" to travel freely.