Criminal Defense Lawyers in BARRIE
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.
| CRIMINAL DEFENCE
About Our Criminal Defence Services
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.
We provide experienced criminal defence representation for individuals facing serious and complex charges. Our commitment to strategic advocacy and courtroom excellence drives everything we do. Although we are based in Barrie, our practice extends throughout Ontario.
Every person charged with a criminal offence is presumed innocent. The Crown must prove the allegations beyond a reasonable doubt before a court can find someone guilty. This fundamental principle of the justice system exists to protect individuals from wrongful convictions and ensures that every accused person receives a fair opportunity to challenge the evidence and defend themselves against the charges.
Police officers make mistakes. Crime scenes can be tampered with. Witnesses may lie on the stand or give unreliable evidence. Successful criminal defence requires the ability to identify and expose these weaknesses through careful analysis, thorough preparation, and effective courtroom advocacy. Our lawyers have extensive trial experience across Ontario and are skilled in cross-examining witnesses, challenging unreliable evidence, and advancing persuasive legal arguments. By rigorously testing the prosecution's case, we are often able to uncover evidentiary weaknesses that lead to favourable outcomes for our clients.
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.
Assault and Domestic Violence
These sensitive cases require both compassion and precision. We ensure your side of the story is heard while carefully examining the evidence, addressing issues such as self-defence or misunderstandings, and challenging inconsistent statements or unreliable evidence to protect your rights.
Impaired Driving (DUI)
Impaired driving cases often turn on the details. We closely review the circumstances of the traffic stop, and the breath testing procedures to discover the weaknesses in the prosecution’s case. We assess whether the police respected your rights under the Canadian Charter of Rights and Freedoms throughout the investigation. Where unlawful searches, arbitrary detentions, or other Charter breaches have occurred, the court may exclude key evidence from the trial.
Drug Trafficking
Drug investigations frequently involve complex search and seizure issues. The outcome of trafficking and possession for the purpose cases often depends on whether the evidence was lawfully obtained. We scrutinize search warrants, vehicle searches, home searches, and police conduct to identify Charter violations and other weaknesses in the prosecution’s case. Where the law has not been followed, important evidence may be excluded from trial.
Sexual Assault
A sexual assault allegation can have life changing consequences. These cases are often complex and depend heavily on witness evidence. We thoroughly review the complainant's allegations, witness statements, text messages, and other evidence to identify weaknesses in the Crown's case and protect our clients' freedom.
Fraud
A fraud charge can put your reputation, career, and future at risk. These cases often involve large amounts of financial records, business documents, emails, text messages, and other evidence. We carefully review the Crown's case to identify weaknesses, challenge assumptions, and ensure that the allegations can be proven beyond a reasonable doubt. Where necessary, we work with forensic accountants and other experts to analyze complex evidence and assist in building a strong defence.
Youths
Being charged with a criminal offence as a young person can be overwhelming. We have a particular sensitivity to the unique challenges facing young people and understand the importance of clear communication, patience, and guidance throughout the process. We work closely with youth and their families to protect their rights, minimize the long-term consequences of a charge, and pursue the best possible outcome.
Criminal Law FAQs
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.
1
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.
3
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.
2
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.