Annita Marshall

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  • Lawyer, Legal Counsel Comments Off on Common Defences Used Against Indecent Exposure

    Laws that prohibit indecent exposure or intentional exposure of private parts in public vary among states but share many similarities. In order to secure a conviction for indecent exposure, the prosecutor has to produce sufficient evidence before a judge or jury beyond reasonable doubt.

    When is indecent exposure considered a crime?

    The element of indecent exposure involves the exposure of male or female genitals, buttocks or female’s breasts. In some states, exposure of buttocks is not enough to make it a crime. To satisfy the requirement of wilful intent, the person must have the intention to expose his or her private parts. Indecent exposure must take place in an outdoor area whether publicly or privately owned like roads, parks, restaurants and stores.

    However, there are also places that are not open to the public like jails and hospitals or inside an automobile that is visible to others that will suffice to make indecent exposure a crime. To be guilty of indecent exposure, there must be another person within sight. Some states require that the person must be of the opposite sex.

    Defences against indecent exposure

    Consent – Some states allow a person to consent to the nudity of another person. However, the person can still be charged with indecent exposure if there is a third party who did not give his consent to the exposure.

    Nude dancing – is an activity that is highly regulated in many states. Nude dancing may be allowed under certain rules and regulations that the club and performers must adhere to. To avoid prosecution for indecent exposure, the club must consent to the activity. The mere presence of patrons means they are permitting the exposure.

    Lack of sexual motivation – there are states that require sexual motivation or lascivious intent for indecent exposure to become a crime. For example, a person who urinates in public usually does not have the intent to arouse a sexual desire.

    If you are facing a charge of indecent exposure felony, call Donich Law as soon as possible. You will require an experienced criminal lawyer to reduce your felony charges to misdemeanour charges with lower fines. Lawyers who have handled similar cases can assist you with negotiations.

  • Lawyer, Legal Counsel, Tips Comments Off on The Constitutional Right To Legal Counsel

    A person who is accused of a crime has the right to legal counsel. He can hire a criminal defence lawyer who is equipped to provide legal assistance throughout the criminal process. If the accused cannot afford to hire his own lawyer, the court will assign a public defender on his behalf.

    In order for a defendant to receive a court-appointed lawyer, he must be considered an indigent. The defendant will be assessed whether he meets the criteria established by the courts. The courts will look at the defendant’s financial circumstances that include income, assets, debts, and financial obligations that may affect the capacity to pay for legal counsel. However, there are states that do not have a particular formula or income guideline to establish indigency. They determine indigency on a case-to-case basis.

    Although criminal defendants have a right to legal counsel, there are some who prefer to waive the fundamental right. Courts strongly advise against this action but usually make an exemption when the defendant is competent to make the decision and is willing to waive his right in a knowing, intelligent and voluntary manner. However, before allowing the defendant to waive his right, the court will ensure that the defendant understands the drawbacks of representing himself in court.

    The consequences of waiving the right to legal counsel are significant. A criminal lawyer is very important to every stage of the criminal proceedings. Criminal defence lawyers have invested years in education and training to understand the complex and often confusing criminal justice system. Criminal lawyers know the necessary procedures that must be followed.

    A self-represented defendant has to follow the same rules and procedures in the criminal justice system and will not be provided any leeway simply because he is not a legal professional. Criminal lawyers offer the advantage of being familiar with prosecutors when securing a plea agreement for the defendant.

    If you are accused of a crime, your best option is to call to protect you throughout the legal process. Do not waste your constitutional rights to legal counsel because it can be detrimental to your case particularly if you are facing felony charges.

  • Lawyer, Service, Tips Comments Off on Canadian Lawyers Reporting Increased In Consultancies About Separation Due To Pandemic

    There hasn’t been hard data from a firm like Donich Law, but Canadian lawyers specializing in familial legislation have reported an increase in consultations relating to separations and divorce as a result of the COVID-19 pandemic.

    Family law specialist Diana Isaac, a partner at Shulman & Partners LLP, Toronto, stated that they’ve seen a 40% increase in calls from couples looking for advice on separation, or are outright looking to end their marriages, since the start of the pandemic.

    Isaac reported that they’re definitely seeing an increase in inquiries. They explain that they’ve seen people whose relationships have been on the edge of breaking down, and the lockdown pushed them into the edge. People were forced to stay together in the same time, dealing with financial stress, and issues regarding the pandemic.

    The spike in demand for legislative advice, that some firms like Donich Law have been forced to hold online sessions to navigate the legal system.

    Divorce mediator Edit Farun have been holding virtual meetups for couples looking for information about separating during the pandemic, alongside social worker Debiie Shawn and family-law lawyer Charlotte Goldfried.

    Farun noted surprise about how many people are looking for help with separation, with questions about how long the process would take, the costs, the issues that need to be dealt with, how the kids would be handled, and other inquiries,

    Farun agreed that the pandemic has led to the stress that drove people to their office. They explain that couples need friends and time away from each other to socialize. The COVID pandemic has locked people in their own homes, meaning that they’re in each other’s spaces 24/7. This, in turn, has made things much harder and more complicated for them.

    Canadian Association for Marriage and Family Therapy Montreal President Andrew Sofin noted how hard the pandemic has hit marriages in the country.

    He says that it’s something else, with the pandemic exacerbating all the issues that were present in people’s relationships.

    The damage isn’t equal, Sofin notes, saying that the people who have to deal with the most stress during the pandemic, like frontline workers,  as well as those living in small spaces, have been hit the worst.

    Sofin recommends that people try therapy to reconcile their differences first before having to resort to divorce.

  • Lawyer, News, Service Comments Off on How Technology Deters Shoplifters

    Is there a need for a shoplifting lawyer during the pandemic? According to merchants, the coronavirus has caused an alarming number of shoplifting cases. Usually, shoplifting is committed by a group that spreads throughout a store. They are not afraid that authorities will eventually catch them. In some instances, police make arrests and the criminals are charged accordingly.

    Over the last decade, businesses turned to technology like store security cameras and anti-theft tags on merchandise to deter shoplifters. However, other innovations like self-checkout stations and fewer employees have created challenges for retail stores.

    According to Bill Hallan, CEO of Michigan Retailers Association, shoplifting is prevalent in the United States. In Michigan alone, more than 15,000 individuals were arrested by the police for retail theft and fraud in 2018. Professional shoplifting has increasingly become sophisticated but technology has actually become a deterrent to shoplifters particularly the obstacles like anti-theft tags and packaging and video surveillance cameras.

    Tags are buried into devices or packaging or they are built into packaging so that they cannot be easily removed or damaged. Retailers that prefer to work with law enforcers use video surveillance so that they will have evidence of the crime. The videos taken may include an image of the perpetrator or the license plates of the getaway vehicle.

    Meanwhile, recent technology that has been introduced to the retail industry like self-checkout has made shoplifting easier. The goal of self-checkout is to reduce the costs of doing retailing. Fewer employees mean less labor costs but it makes it easy for shoplifters to steal some items because of the lack of human monitoring.

    In bigger stores where there are few employees, it is difficult to apprehend shoplifters while they are still inside the store. Retailers have also adopted a policy not to run after shoplifters after they have left the store.

    It is important to the shoplifting lawyer to remain available to clients during the pandemic. They have to assist their clients in real time during these unusual and unexpected circumstances. Remote work allows lawyers to continue their practice and adopt to the new normal. Justice must not be compromised by a crisis.

  • Business, Company, Lawyer, News, Security Comments Off on The Highly Profitable Business Of Cyber Crime Through Social Media Platforms

    Cyber crime is quite new but if you are facing cyber crime charges, a criminal lawyer in Toronto can provide assistance in gathering evidence that will prove your innocence. There are criminal lawyers who are updated with cyber crime laws and will help in avoiding in serious legal penalties.

    According to new reports from cyber security firm Bromium, social media platforms like Facebook, Twitter, Instagram and YouTube have given rise to a global cyber criminal network. The report was part of 6-month academic study made by a criminology expert from the University of Surrey in the United Kingdom.

    Various tactics were detailed in the Bromium report from crypto-jacking to botnets for hire that are being used by cyber criminals across the world to earn almost $3.25 billion annually from exploiting social media platforms. The report also stated that at least 1 in 5 organizations worldwide are infected by malware that was distributed through social media.

    The problem of cyber crime through social media is growing at a very astonishing rate. For example, in the United States, social media cyber crime has increased by nearly 300% from 2015 to 2017. There are traces of cyber crime on social media but they are hidden from plain sight.

    Social media users are encouraged to download hacking tools and services through advertisements. There are botnots for hire for as little as $10 per month and invites to participate in digital currency scams. In some instances, cyber crime in social media is more cleverly disguised through tiny advertisements.

    The tiny advertisements are supposedly for big consumer brands but they are actually delivery vehicles for malware. Invites for get-rich-quick online scams are often clever methods of money laundering. Bromuim report warned of money laundering schemes where UK residents who are below 21 unknowingly open bank accounts to help launder ill-gotten money of cyber criminals.

    Facing criminal charges can be very stressing whether you are at fault or innocent. In order to have a fair shot at defending yourself, you must hire a criminal lawyer in Toronto who is expert in navigating the criminal justice system. They can built a strong case on your behalf and protect you from harsh prosecutors.


  • Assault, Lawyer, Tips Comments Off on Understanding Assault And Tips To Deal With It

    Assault is an English word derived from assut, which means to harm someone. Assault is a crime. Assault can be defined as a situation in which the person threatens another person either with or without weapon causing a fear of life.  2 parties are involved in assault. One is accused and other is victim. Person who is threatens is called accused and go gets threatened is known as victim. Police are involved in assault cases.  Charges of assault is laid on the degree of assault. Degree of assault is categorized into 3types, Simple, aggregated, and sexual. Punishments also vary based on the degree of assault.


    In simple assault, a person threatens another person either without weapon causing a fear of life. He may be physically harming and the victim gets minor injuries. In this case the accused might be punished with fine or to some extent a few months of jail.

    In aggravated assault person uses a weapon to threaten or injure the victim seriously that victim struggles to survive. In this case, the accused would be given a serious punishment, if he is proven guilty. In sexual assault, the person might be touching the victim or forcing the victim to have a physical contact with him. The seriousness of the case goes to raping and injuring the victim heavily. Domestic violence is also considered as an assault case. In assault cases first police would investigate the situation and produce the witness in court. It depends on assault lawyer, how he defends you.


    Either you are accused or victim, you need to hire an assault lawyer to fight your case. He will help you in going through trials and will defend you. If you are proven guilty he can help you in getting your punishment decreased by his knowledge on law. In majority of the cases, if the case is not serious, he can negotiate with the prosecutor for pleas. He will also guide you the best way to answer the prosecutor, so that you may not commit any mistake during trails. The entire process may take time and involves a lot of money.


    Assault lawyers will help you irrespective of the degree of the case. But it is important to consider the experience and knowledge of the lawyer.

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