Cell: 403-478-2764 Fax: 403-407-0920
Areas of Practice
Whether you have been charged with a minor or major crime, Matthew Walton at Walton Criminal Defence is willing to take on your case. Matthew's practice is focused on ensuring your rights have been complied with throughout the entirety of the criminal justice process. From the initial investigation and arrest to the conclusion of trial, Matthew is committed to your defence. Walton Criminal Defence has experience in a wide range of criminal law, including:
Drug offences
Driving offences (e.g. impaired driving/refusal)
Firearms and weapons offences
Assault and violent offences
Homicide
Theft, fraud, and property offences
Sexual offences
Judicial interim release (i.e. bail)
Provincial offences (e.g. Traffic tickets)
Drug Offences
Simple Possession
Trafficking
Possession for the purpose of trafficking
Production
Criminal offences involving narcotics fall under the Controlled Drugs and Substances Act, and are prosecuted Federally. Defending drug possession and trafficking offences are legally complex. They involve a thorough review of the Crown's evidence and police actions throughout the investigation and arrest. Defending drug offences will often rely on Charter based defences, where the argument focuses on things the police did wrong, such as the reasons for your arrest or detention, manner of the search, and the compliance of your rights after arrest. Just because you have been found in possession of narcotics and paraphernalia does not mean you will be found guilty at trial. Successful Charter arguments can result in the exclusion of the drug evidence at your trial, and your acquittal.
Driving Offences
Impaired operation
Refusal to provide a breath sample
Driving while disqualified
Successful defence of driving offences, specifically related to impairment, requires an experienced lawyer. Just because you provided breath samples which indicated you were impaired - does not mean you will be found guilty at trial. Charter based defences often arise in the context of impaired driving. If there were not sufficient grounds to prove your impairment at the time of arrest, or police did not comply with your rights after arrest, the breath certificates can be excluded from evidence, which may result in your acquittal. Furthermore, recent changes to the Criminal Code on impaired driving charges has opened up a lot of room for new defence arguments, in relation to both alcohol and drug impaired driving.
The mandatory minimum attached to an impaired driving conviction means you will have a fine, a 12 month driving prohibition, and a criminal record. Everybody should have a lawyer review their case when they face an impaired driving charge.