Organized Crime, Conspiracy & Gangs
Conspiracy Charges
Criminal conspiracy is an area of law that is complex and requires an experienced criminal lawyer to defend such charges. In Canadian law, a conspiracy takes place when two or more people form an agreement to commit an offence listed in the Criminal Code. The agreement does not need to be recorded in writing. It can be verbal or even implicit.
Intent
In addition to an agreement, the Crown must also prove that the parties involved had knowledge and intended to enter the agreement. Being involved in the execution of the crime is not necessary to be charged with criminal conspiracy.
What is surprising to some people is that a criminal conspiracy does not need to be carried out in order for someone to be charged. However, some action beyond preparation must be taken to advance the conspiracy.
Criminal Conspiracy Defence Lawyer
Our lawyers at Gupta Criminal Trial Lawyers are exprienced in defending criminal conspiracy charges.
It is also important to understand that the evidence may not be strong enough to charge you even if other involved parties have or will be charged with criminal conspiracy.
Wiretap evidence may be inadmissible
Because the Crown must prove agreement and intent, wiretap evidence is commonly used in criminal conspiracy cases. There are onerous requirements that must be met to obtain a wiretap, therefore challenging the validity of the wiretap order and arguing that subsequent evidence is inadmissible can be a successful defence tactic.
What is a Criminal Organisation?
A criminal organisation is a group of three or more persons in or outside Canada with the express purpose of committing serious offences that result in receiving material benefits.
A group of people that randomly form for the immediate commission of a single offence does not constitute a criminal organization.. It is only when three or more people come together to plan and commit criminal offences for their benefit that they will be considered a criminal organization. Examples include identity theft, fraud, human trafficking, sex crimes, and selling illegal narcotics.
Criminal offences in Canada often involve the sale and distribution of drugs. The potential or probable sentence depends on the type of controlled substance, the quantity, and whether the Crown prosecution proceeds by way of summary conviction or indictment.
Guns and Gangs
Since guns and gangs often go hand-in-hand, Toronto has created the Integrated Gun and Gang Task Force . This special task force has a high level of sophistication and experience in dealing with crimes related to guns and gangs. It you have been charged with a crime related to weapons or organized crime, it is important that you hire an experienced lawyer who knows how to navigate the details of this type of case and how respond to charges from this task force.
An experienced criminal defence lawyer will thoroughly investigate your case, examine every detail, assert any possible defences, represent you at trial or negotiate a plea bargain – if appropriate – and guide you through the criminal court process.
For more information, read our blog post "Criminal Conspiracy & Organized Crime".