Wednesday, December 16, 2015

When you are charged with an offence regardless of it being Traffic or Criminal in a lot of cases but not all the officer is correct. This however does not mean you are in the wrong. For example let’s say you are charged with Stunt driving meaning you are going 50 k.m. over the speed limit. The reason you are speeding is because you have someone in the vehicle in medical distress. Are you guilty of Stunt/Racing?

The answer is yes and the officer is correct in laying the charge. However, this is where the advocacy plays a role. I come in and make sure the disclosure has been properly supplied and reviewed. If there are no errors in the disclosure then I review the current case law and speak to the prosecutor attempt to explain the reason behind the action. In a lot of cases this is how I can get a reduced charge or even a withdrawal.

While I am doing the negotiation I am always thinking of the mitigation factor. Most people are worried of the impact in the future if a conviction happens. I do my best to mitigate the type of penalty. On occasion it may be explained to the court the why and a suspended sentence could be applied. Sometimes it may come down to a trial that even though we do not prove the innocence the court gets the reason and dismiss the charge. There are many facts that play a role in my advice to the client and what and how I present a case to the other side.

The same philosophy is used in civil court as well. Recently I was told I do not appear to speak in a professional manor. It was meant as a complement on a comment. I found for me when I speak to my clients using plain and simple language rather than legalese or legal jargon to make the case seem bigger or harder than it is. I do the same when I speak to the lawyers on the other side. I find it helps them buy into what I want.

All I can say for sure by applying proper principles of Advocacy and Mitigation to all my matters at Rybowski Legal I have save thousands of dollars in fines and save many clients from losing their licenses.

Posted at 09:18 AM