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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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Criminal Law Questions

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