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Martin Montes
Criminal Lawyer
Criminal Defense Lawyers in BARRIE
Facing Criminal Charges? We’re Here to Fight for You
Your freedom is our priority. Experienced criminal defense lawyers in Barrie, serving Ontario. Hundreds of not guilty verdicts.
CRIMINAL DEFENCE
At Montes Gendron Lawyers, we understand how stressful it is to be charged with a criminal offence. Aside from the frightening prospect of incarceration, we know that having a criminal record can prevent you from obtaining employment and supporting your family. We will fight to keep your criminal record clean.
Police officers make mistakes. Crime scenes can be tampered with. Witnesses may lie on the stand. Our criminal law expertise in examining and deconstructing the prosecution’s case often results in identifying and exposing these and other evidentiary weaknesses, leading to favourable outcomes for our clients.
Assault and Domestic Violence
These sensitive cases require both compassion and precision. We ensure your side of the story is heard—whether it’s self-defense or a misunderstanding—while challenging inconsistent statements or unreliable evidence to safeguard your rights.
Impaired Driving (DUI)
We dive into every detail of your arrest, from the legality of the traffic stop to the reliability of breathalyzer results. By exposing flaws like improper testing procedures or questionable officer conduct, we’ve secured countless acquittals and reduced charges.
Drug Offenses
From possession to trafficking or production, we scrutinize the prosecution’s case. We question the legality of searches, the handling of evidence, and the credibility of witnesses to weaken their claims and fight for the best possible outcome.
Theft, Fraud, and Property Crimes
Accusations like these can threaten your reputation and livelihood. We analyze financial records, surveillance, and witness accounts to uncover errors or prove lack of intent, often dismantling the prosecution’s narrative entirely.
Some of our Cases
We represent clients being prosecuted with the most complex criminal law charges under the Criminal Code and the Controlled Drugs and Substances Act such as sexual assault, murder, trafficking and importing. Additionally, our firm has specific expertise with impaired driving cases. We have conducted hundreds of impaired driving trials throughout Ontario, from Niagara Falls to Ottawa to Thunder Bay.
Our approach is the same for every case: do everything possible to eliminate the charges and protect our client’s freedom.
R. v. M.C. 2024
Impaired Driving and Refuse Breath Sample. Police observed our client's vehicle mounting a curb after driving away from a bar. Following a fail on a roadside breath test using an approved screening device, our client was arrested and brought to the police station to provide further breath samples. After repeated failed attempts, the police charged our client with refusing to provide breath samples.
RESULT -
Not Guilty. The police did not properly calibrate or test the approved screening device, rendering the roadside breath sample invalid. Following our client's testimony, the court was left with a reasonable doubt regarding impairment.
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R. v. H.V. 2022
Careless Driving Causing Death. Our client was driving on a highway when she crashed into a vehicle making a left turn. The driver of the other vehicle was killed in the collision. According to the police expert report, our client was travelling well over the speed limit at the time of the accident.
RESULT -
Not Guilty. There was no evidence in the police expert report that the collision could have been avoided had our client been travelling at the speed limit. Reasonable doubt established.
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R. v. A.S. 2023
Assault. Our client was accused of a significant, prolonged domestic assault said to have taken place in the parking lot of an apartment complex. There were multiple witnesses to the incident and the entire event was captured on several video cameras.
RESULT -
Not Guilty. Our client's case did not proceed to trial on a timely basis. The court found 21.5 months of unreasonable delay, in breach of our client's right to a speedy trial. The delay was found to be unconstitutional and the charges were thrown out.
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R. v. J.M. & S.M. 2020
Sexual Assault, Sexual Interference, Invitation to Sexual Touching. Our client was accused of sexually assaulting the complainant, a 15 year old girl, on two separate occasions. A significant amount of alcohol had been consumed by all parties before the alleged sexual assaults.
RESULT -Not Guilty. The complainant’s evidence that she did not consent to the sexual activity was neither credible nor reliable. The Crown was not able to prove the complainant lacked the capacity to consent and that our client did not take all reasonable steps to ascertain her age. Reasonable doubt established.
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What is a pre-trial or resolution meeting?A pre-trial or resolution meeting is a discussion between the defense and the Crown prosecutor to explore the possibility of resolving the case without a trial. This can include plea negotiations or agreements on certain facts.
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What should I expect at my first court appearance?At your first court appearance, you will be informed of the charges against you, and you may be asked to enter a plea. The court may also address bail and set dates for future court proceedings.
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Will I be held in custody before my trial?Whether you will be held in custody before your trial depends on factors such as the seriousness of the charges, your criminal history, and whether you are considered a flight risk or a danger to the public.
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Do I need a lawyer for my bail hearing?While it is not mandatory to have a lawyer for your bail hearing, it is highly recommended. A lawyer can help present a strong case for your release and address any concerns the court may have.
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What does it mean to get a discharge, and is it the same as being found not guilty?A discharge means that you are found guilty, but the court decides not to impose a conviction. There are two types of discharges: absolute and conditional. An absolute discharge means no further action is taken, while a conditional discharge requires you to meet certain conditions. It is not the same as being found not guilty.
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Can I plead guilty and avoid a trial?Yes, you can plead guilty to the charges against you, which will result in a sentencing hearing instead of a trial. It is important to consult with a lawyer before making this decision.
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How long does a criminal case typically take to resolve?The length of time to resolve a criminal case can vary widely depending on the complexity of the case, the court's schedule, and whether the case goes to trial. It can take anywhere from a few months to several years.
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Can I attend court virtually in Ontario?Yes, in Ontario, many court proceedings can be attended virtually, especially in light of the COVID-19 pandemic. Check with the court for specific instructions on how to attend virtually.
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Can my charges be dropped before trial?Yes, charges can be dropped before trial if the Crown prosecutor decides there is insufficient evidence to proceed or if new evidence comes to light that weakens the case against you.
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What happens if I miss a court date?If you miss a court date, a warrant may be issued for your arrest, and you could face additional charges for failing to appear. It is important to contact the court or your lawyer immediately if you miss a court date.
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What are the penalties for break and enter?Penalties for break and enter in Ontario can include imprisonment, fines, probation, and a criminal record, with the severity depending on factors such as whether the offense involved a dwelling or commercial property.
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Are false accusations of theft common, and how can I defend myself?False accusations of theft can occur, and it is important to gather evidence that supports your innocence, such as witness statements or surveillance footage, and seek legal representation.
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Can I be charged with theft for a workplace-related incident?Yes, you can be charged with theft for a workplace-related incident if there is evidence that you stole property or money from your employer.
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What’s the difference between fraud and identity theft?Fraud involves deceit to deprive someone of property or money, while identity theft involves obtaining and using someone else's personal information, typically for financial gain.
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What happens if I’m charged with damaging property (mischief)?If you are charged with damaging property (mischief), you may face penalties such as fines, restitution to the property owner, probation, and even jail time, depending on the extent of the damage and your criminal history.
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Can I be held criminally responsible for destroying shared property?Yes, you can be held criminally responsible for destroying shared property if it is proven that you intentionally damaged or destroyed the property without the consent of the other owner(s).
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Will a conviction for mischief affect my employment opportunities?A conviction for mischief can affect your employment opportunities, especially if the job requires a clean criminal record or involves trust and responsibility.
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What is considered fraud under Ontario law?Fraud under Ontario law involves deceit, falsehood, or other fraudulent means to deprive someone of property, money, or valuable security.
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Can I be charged with theft if I didn’t leave the store with the item?Yes, you can be charged with theft even if you didn’t leave the store with the item, as long as there is evidence that you intended to steal it, such as concealing the item or altering price tags.
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What is the penalty for shoplifting or theft under $5,000?The penalty for shoplifting or theft under $5,000 in Ontario can include fines, probation, community service, and even jail time, depending on the circumstances and whether it is a first-time offense.
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What should I do if I’ve been falsely accused of assault?If you have been falsely accused of assault, it is important to seek legal representation immediately. Gather any evidence that supports your innocence and avoid contacting the complainant.
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What are the consequences of violating a no-contact order?Violating a no-contact order can result in additional criminal charges, including breach of conditions, and may lead to further legal consequences such as fines or imprisonment.
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How does the court treat assault involving a family member?Assault involving a family member is treated seriously by the court. Special considerations are given to the safety and well-being of the victim, and strict conditions may be imposed on the accused.
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Can I claim self-defense in an assault case?Yes, self-defense can be claimed in an assault case if you can prove that you used reasonable force to protect yourself from imminent harm.
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What’s the difference between simple assault and aggravated assault?Simple assault involves minor injuries or no injuries at all, while aggravated assault involves serious bodily harm or the use of a weapon.
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What qualifies as assault in Ontario?In Ontario, assault is defined as the intentional application of force to another person without their consent, or the threat of applying force, causing the person to believe they are in danger of being harmed.
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Can domestic assault charges be withdrawn by the complainant?No, once domestic assault charges are laid, they cannot be withdrawn by the complainant. The decision to proceed with the charges lies with the Crown prosecutor.
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What is a peace bond and how does it work?A peace bond is a court order that requires an individual to keep the peace and be on good behavior for a specified period. It may include conditions such as no contact with certain individuals or staying away from specific locations.
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What happens after a domestic assault charge is laid?After a domestic assault charge is laid, the accused may be arrested and held in custody until a bail hearing. Conditions may be imposed, such as no-contact orders, and the case will proceed through the court system.
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Will I have a criminal record if I’m convicted of assault?Yes, if you are convicted of assault, it will result in a criminal record, which can have long-term consequences on your employment, travel, and other aspects of your life.
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What are the penalties for marijuana-related offenses now that it’s legalized?While marijuana is legalized in Canada, there are still penalties for offenses such as possession over the legal limit, distribution without a license, and driving under the influence of marijuana.
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What is the difference between simple possession and possession for the purpose of trafficking?Simple possession refers to having a controlled substance for personal use, while possession for the purpose of trafficking involves having a controlled substance with the intent to sell or distribute it.
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What types of drug offenses are most common in Ontario?The most common drug offenses in Ontario include possession, possession for the purpose of trafficking, trafficking, production, and importation/exportation of controlled substances.
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Can I be charged if I was near someone else’s drugs?Yes, you can be charged with possession if you had knowledge of and control over the drugs, even if they belonged to someone else.
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What happens if I’m caught with prescription medication that’s not mine?If you are caught with prescription medication that is not prescribed to you, you can be charged with possession of a controlled substance.
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Will I go to jail for a first-time drug offense?The likelihood of going to jail for a first-time drug offense depends on the type and amount of the drug, the circumstances of the offense, and whether you have any prior criminal record. Some first-time offenders may be eligible for diversion programs.
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What is considered “intent to traffic” under Ontario law?Intent to traffic is determined by factors such as the quantity of the drug, how it is packaged, possession of large amounts of cash, and other evidence suggesting the drugs were meant for sale or distribution.
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Can drug charges be dismissed due to unlawful police search?Yes, if the police conducted an unlawful search and seizure, any evidence obtained may be excluded from court, which could lead to the dismissal of drug charges.
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How long do drug charges stay on my record?Drug charges can stay on your criminal record for life unless you apply for and receive a record suspension (pardon) after a certain period.
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How can I defend against a drug possession charge?Defenses against a drug possession charge can include challenging the legality of the search and seizure, lack of knowledge or control over the drugs, and questioning the accuracy of the drug analysis.
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Will I automatically lose my license if I’m charged with impaired driving?Yes, in Ontario, if you are charged with impaired driving, your license will be automatically suspended for 90 days under the Administrative Driver’s License Suspension (ADLS) program.
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What if I was charged with impaired driving while under the legal limit?Even if you were under the legal limit, you could still be charged with impaired driving if the police believe your ability to operate a vehicle was impaired by alcohol or drugs.
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What are my chances of winning a DUI case?The chances of winning a DUI case depend on the specifics of your case, the evidence against you, and the skill of your legal representation. An experienced DUI lawyer can help improve your chances.
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Can I refuse a roadside breathalyzer test?No, refusing a roadside breathalyzer test in Ontario is a serious offense and can result in criminal charges, similar to those for impaired driving.
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How do I fight a DUI charge in court?To fight a DUI charge in court, you should hire an experienced DUI lawyer who can challenge the evidence, question the legality of the traffic stop, and present any mitigating factors.
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What happens after a first-time DUI arrest in Ontario?After a first-time DUI arrest in Ontario, you will likely face an immediate license suspension, vehicle impoundment, and a court appearance. You may also be required to attend an education or treatment program.
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How long does a DUI stay on my record in Ontario?A DUI conviction in Ontario stays on your criminal record for life unless you apply for a record suspension (pardon) after a certain period.
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Is it possible to avoid a criminal record for impaired driving?It may be possible to avoid a criminal record for impaired driving if you successfully complete a diversion program or if the charges are reduced or dismissed in court.
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Will a DUI charge affect my job or ability to travel?A DUI charge can affect your job, especially if you need a clean driving record for your employment. It can also impact your ability to travel to certain countries, such as the United States.
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What are the possible penalties for a DUI conviction?Penalties for a DUI conviction in Ontario can include fines, license suspension, mandatory education or treatment programs, and even jail time, depending on the severity of the offense and whether it is a repeat offense.
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