A commercial Break and Enter charge in Vaughan carries a maximum of 10 years in prison. A skilled lawyer can defend you by challenging low-quality CCTV footage or illegal police searches. Retainers for a criminal defence lawyer typically start around $3,500 CAD.
Vaughan is home to thousands of businesses, from massive warehouses in Concord to retail shops at Vaughan Mills. Consequently, the York Regional Police dedicate significant resources to investigating property crimes. A charge of breaking and entering into a commercial property is taken extremely seriously under the Criminal Code. Even if you did not actually steal anything, simply breaking into a building with the intent to commit an indictable offence is enough to secure a conviction.
Many accused individuals feel hopeless when they learn the police have security footage or fingerprints. 🚫 However, criminal investigations are prone to human error. CCTV footage is often grainy, dark, and inconclusive. Fingerprints can be left innocently at a public business days before a crime occurs. To protect your record, your ability to travel, and your freedom, it is vital to retain a local law firm that knows how to dismantle the Crown’s evidence piece by piece.
Step-by-Step Defence Process in Vaughan, Ontario
Facing property crime charges involves a structured legal procedure. Your case will be handled at the Newmarket Courthouse. Here is how an experienced lawyer will manage your defence.
Step 1: Managing the Arrest and Release
If you are arrested in Vaughan, you may be released from the police station on an Undertaking, or held for a formal bail hearing. 👮♂️ Your lawyer will ensure you are released with the least restrictive conditions possible, allowing you to continue working and living your life while the case is ongoing.
Step 2: Analyzing the Disclosure and Forensic Evidence
Property crimes rely heavily on forensic evidence. Once your lawyer receives the disclosure from the Crown, they will meticulously review it. They will look at the quality of the video surveillance, the methods used to collect DNA or fingerprints, and the witness descriptions. If the video shows a person in a mask and a hoodie, your lawyer will argue that it is legally impossible to prove beyond a reasonable doubt that the person on camera is you.
Step 3: Filing Charter Applications
If the police found stolen goods in your car or home, they must have obtained them legally. 🚨 Your lawyer will examine whether the York Regional Police violated your Section 8 Charter rights against unreasonable search and seizure. If the police searched your vehicle without a valid warrant or reasonable grounds, your lawyer can apply to have the stolen property excluded as evidence, often leading to the collapse of the Crown’s case.
Step 4: Negotiating a Resolution or Proceeding to Trial
Depending on the strength of the evidence, your lawyer will hold a Crown Pre-Trial (CPT). If this is your first offence and the stolen value was low, they might negotiate a diversion program or a plea to a lesser summary conviction charge. If the Crown refuses to be reasonable, your lawyer will prepare for a robust trial to defend your innocence.
How Much Does a Defence Cost in Vaughan?
Hiring a private criminal defence lawyer is a crucial investment in your future. 💰 While court appearances are handled primarily by your legal team, you must budget for their expertise:
- Initial Retainer: A standard retainer to review the disclosure and make early court appearances usually ranges from $3,500 to $5,000 CAD.
- Pre-Trial and Charter Motions: Drafting complex legal arguments to exclude evidence can cost an additional $3,000 to $6,000 CAD.
- Trial Fees: If a trial is necessary, total costs may reach $10,000 to $15,000 CAD or more, depending on the number of days required in court.
Here is a breakdown of potential penalties for Break and Enter:
| Type of Property | Crown Election | Maximum Penalty |
|---|---|---|
| Commercial (Store, Office) | Indictable Offence | Up to 10 years in prison |
| Commercial (Store, Office) | Summary Conviction | Up to 2 years less a day |
| Residential (Home, Apartment) | Strictly Indictable | Up to Life in prison |
How Long Does the Legal Process Take?
Defending a commercial break and enter charge requires patience. ⌚ Gathering forensic reports and setting court dates at the Newmarket Courthouse takes time. Generally, if the case resolves through a negotiated plea or dropped charges, it may take 6 to 10 months. If it goes to a full trial, expect the process to take 12 to 18 months.
Frequently Asked Questions (FAQ)
What if nothing was actually stolen from the Vaughan business?
Under Canadian law, you do not actually have to steal anything to be convicted of Break and Enter. The Crown only needs to prove that you broke into the property with the “intent” to commit an indictable offence (like theft or mischief) inside.
Can the police identify me just from a dark security camera?
Identification is one of the strongest defences. If the CCTV footage is grainy, dark, or the suspect’s face is covered, a lawyer can argue that the Crown cannot prove identity beyond a reasonable doubt, which may result in an acquittal.
Is a commercial break and enter worse than a residential one?
No, residential break and enters are considered much worse under the Criminal Code because they violate a person’s safe sanctuary and carry a maximum penalty of life in prison. Commercial B&E carries a maximum of 10 years.
Can I get a diversion program for a commercial break and enter?
While difficult, it is possible for extremely minor cases. If you are a young, first-time offender and the damage was minimal, your lawyer might convince the Crown to offer the Direct Accountability Program, leading to withdrawn charges after community service.
What is “possession of break-in instruments”?
This is a separate criminal charge. If the police catch you near a commercial building with crowbars, bolt cutters, or lock picks, and they believe you intended to use them for a break-in, you can be charged with possessing break-in instruments even if you never broke in.
Leave a Reply