Dangerous Offender Hearings in Canada: Safeguarding Justice, Ensuring Best Outcomes
Smith Litkowski often stand as staunch advocates in the realm of Dangerous Offender hearings and Dangerous Offender appeals in Ontario. Our team is committed to providing unwavering and expert representation for individuals facing these serious and complex prosecutions. Tyler Smith, our lead trial lawyer, has successfully defended a number of these unique applications. Our lead appellate lawyer, Richard Litkowski, has extensive experience in arguing these cases at the Ontario Court of Appeal.
Understanding Dangerous Offender Hearings:
Dangerous Offender hearings are a unique and significant aspect of the Canadian legal system. Initiated under the Criminal Code, these hearings are designed to determine whether an individual poses a significant risk to the public and should be designated as either a Dangerous Offender or a Long-Term Offender. A designation as a Dangerous Offender is a life-long designation. An individual designated as a Dangerous Offender is at risk of being sentenced to an indeterminant sentence. That is, they are given a sentence of life in jail.
Evidence at Dangerous Offender Hearings:
These hearings are a unique aspect of sentencing law in Canada. After an individual is convicted of a serious personal injury offence, the prosecution may apply for an expert psychiatric assessment. That assessment will indicate whether the individual fits the legal definition of a Dangerous or Long-Term Offender. The expert will also provide an opinion about the risk of re-offence if a sentence other than life in jail is imposed. The individual’s entire criminal and prison history is admissible at the hearing.
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Why Choose Smith Litkowski to Defend these Applications
Proven Skills in Cross-Examining Expert Witnesses
It is imperative to have extensive experience in cross-examining expert witnesses to undermine their opinions. Our team possesses extensive experience in handling Dangerous Offender cases at both the trial and appellate level. We understand that gravity of these proceedings and the potential implications for individuals facing such designations.
Strategic Defense Planning
Defending against a complex Application requires careful preparation and planning. We approach each case with a thorough examination of the evidence and the history of the individual. We retain outside experts both to testify on our client’s behalf but also to assist us in the cross-examination of the Crown expert witnesses.
Planning for the Appeal
Dangerous Offender applications have two stages. There is the designation stage followed by the sentencing stage. Both stages are complex and require careful preparation. We collaborate with our appellate lawyers to set the foundation for a successful appeal.
Contact Smith Litkowski today to discuss your situation
If you or a loved one is facing criminal organization charges or is involved in a gang prosecution, it’s crucial to have a skilled and experienced legal team by your side. Contact Smith Litkowski today to schedule a confidential consultation and take the first step toward a robust defense strategy tailored to your needs. Your rights and freedom are our top priorities.
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THE SMITH LITKOWSKI ADVANTAGE
Attention To Detail
Smith Litkowski reviews every aspect of our client's situation to ensure that we can provide a thorough and robust criminal defence. We leave no stone unturned in our investigative process and our pursuit for justice.
Extensive Courtroom Experience
Our experienced lawyers bring unparalleled expertise and advocacy skills, ensuring robust representation at every stage of the legal process. Our goal is to safeguard your rights and secure the best possible outcome.
A Fearless Approach to Appeals
Smith Litkowski has been able to overturn convictions for clients through our process of reviewing evidence, procedure, and client rights. We work tirelesslly to attain justice for our clients.