Proceeds of Crime Lawyer in Barmpton, ON | Financial Crime Lawyer
If you have been charged with Shoplifting, contact our Brampton criminal lawyer as soon as possible to discuss this serious charge.
In the past, individuals facing criminal charges underwent arrest and court arraignment and, if found guilty, received a sentence from the judge. However, recognizing the challenges of proving allegations beyond a reasonable doubt, the justice system introduced the Proceeds of Crime Act.
This legislation enables investigators to track financial transactions and confiscate assets suspected to be derived from criminal activities, such as drug trafficking, importation, and production.
FMK Law Group specializes in defending individuals targeted by the Proceeds of Crime unit or the RCMP. If your assets have been seized, our team of expert Brampton criminal defence lawyers is here to provide skilled legal representation and protect your rights.
While our Proceeds of Crime services are centred in Brampton, we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington.
What Are Proceeds of Crime?
Section 462.3 of the Criminal Code defines proceeds of crime as:
1. Any property, benefit, or advantage within or outside Canada obtained or derived directly or indirectly as a result of:
(1.1) The commission in Canada of a designated offence, or
(1.2) An act or omission anywhere that, if it had occurred in Canada, would have constituted a designated offence.
A “designated offence” is:
1. Any offence that may be prosecuted as an indictable offence under this or any other act of parliament, other than an indictable offence prescribed by regulation or
2. A conspiracy or an attempt to commit, being an accessory after the fact about, or any counselling about, an offence referred to in paragraph (a).
If you’re confronting charges related to proceeds of crime, it’s crucial to enlist the services of a seasoned criminal defence lawyer, Brampton. Our team will vigorously advocate on your behalf to safeguard your legitimately acquired property amidst government attempts to seize your assets.
Additionally, we possess the expertise to negotiate with the prosecution regarding other charges linked to proceeds of crime, such as drug offences and fraud.
Strategies to Mitigate Charges Related to Proceeds of Crime
Prosecutors treat proceeds of crime charges with utmost severity, often resulting in severe penalties upon conviction. If you’re under investigation or facing such charges for allegedly possessing assets obtained through illegitimate means, it’s imperative to seek legal guidance promptly.
Refrain from accepting any deals or pleading guilty without thoroughly exploring all available options with a knowledgeable attorney.
Some potential defence approaches for proceeds of crime charges include:
1. No Evidence Linking Assets to Criminal Activity
At times, charges related to the proceeds of crime are levied merely because authorities are skeptical about the legitimacy of substantial asset acquisitions, especially when they involve significant amounts of cash.
It is lawful for an individual to store cash in unconventional ways, such as burying it in their backyard or keeping it under their mattress.
Courts should not presume the cash’s origins are dubious based solely on its storage method or unsubstantiated rumours regarding someone’s activities.
2. Lack of Proof of Ownership
The connection between confiscated property and its owner might appear weak. Nonetheless, courts risk drawing unfounded conclusions without continuous reminders of the stringent proof standards set by legislation to prevent crime proceeds.
This is essential to ensure Canadians are not unjustly stripped of property they have rightfully obtained.
3. Assets Located Through Alleged Charter Breach Should Be Excluded
The protections offered by the Canadian Charter of Rights and Freedoms are fully applicable in cases involving proceeds of crime, just as they are in any other type of criminal proceeding.
Although there is no specific Charter right to property per se, individuals do hold the right to be protected from unreasonable search and seizure and to enjoy life, liberty, and personal security.
If police actions severely violate these rights, it could result in the dismissal of all charges and the return of any seized property.
Penalty for Proceeds of crime in Brampton, Ontario
The potential penalties for proceeds of crime conviction vary as follows:
- Offences under $5,000 – up to 2 years in jail
- Offences over $5,000 – up to 10 years in jail
There are no mandatory minimum penalties for charges related to the proceeds of crime, which means sentencing can vary depending on the specifics of the case.
In certain situations, for example, when the sentence is under two years, and you have no previous convictions, you might be eligible for a conditional sentence, which can be served as house arrest. This option is contingent upon whether it satisfies the goals and principles of sentencing.
What you will do
Proceeds of crime might come from numerous sources, and authorities often have to conduct thorough investigations to convict the person.
On many occasions, people making illegal money evade taxes, as they have to do everything they can to avoid regulations and any authority that could charge them with the proceeds of crime.
Even though money laundering is to disguise where the assets come from, authorities can still spot the person involved in this act and charge them with proceeds of crime.
Why Hire Our Trusted Criminal Lawyer Brampton, ON for Proceeds of Crime Charges?
If you’re facing Proceeds of crime or other charges like Public mischief, Break and enter, Mischief, Threats, Fraud, Forgery, Shoplifting, and Theft, you need experienced, dedicated, and committed representation. At FMK Law Group, our criminal defence lawyer, Brampton, has the knowledge, dedication, and commitment that cases of this nature require.
We can help you navigate these difficult times and work tirelessly to achieve the best results possible for your case. Contact us at (647) 269-8414 for a consultation with FMK Law Group today. One of our Criminal lawyers Brampton, will gladly meet with you to discuss your case.