Criminal Representations

  • R. v. B.T. Pleaded to a Lesser Included Offence
    • Charge: Robbery
    • Jurisdiction: Toronto
    • Highlights:
      • Indisputable TTC video evidence was in existence: a few minutes of physical altercation, during which the client succeeds to forcibly take away the victim’s property and hits the victim with it.
      • The entire TTC train had to stop because of the incident.
      • I initially convinced the Crown to replace the charges with assault and theft. Then I further convinced the Crown to agree to withdraw theft, so the client pleaded to assault (admitted to one push).
      • The client is expected to be discharged following upfront works.
  • R. v. V.D. Charge Withdrawn – Peace Bond Entered.
    • Charges: Sexual Assault and Assault
    • Jurisdiction: Toronto
    • Highlights:
      • The trial had been scheduled and female complaint was seeking to testify against the client at trial.
  • R. v. S.B. Trial Won – Charge Dismissed.
    • Charge: Fail to Comply with Recognizance (Contact/Communication with victim)
    • Jurisdiction: Brampton
    • Highlights:
      • The client served a statement of claim on the complainant.
      • A Court of Appeal case states that serving a statement of claim can constitute unlawful contact.
      • The Court accepted my argument that distinguished the client from the Court of Appeal case, and rejected the Crown’s argument that the client should have done through legal counsel.
      • There was a long history of harassment by the client on the complainant, for which the client had previous convictions. In fact, the client was found to be a vexatious litigant by different courts.
      • The Crown was seeking 90 days of jail time.
  • R. v. S.B. Trial Won – Client Found Not Guilty
    • Charges: Fail to Comply with Recognizance x2 (Breach of Surety Bail) & Possession of Proceeds of Crime x3
    • Jurisdiction: Bradford
    • Highlights:
      • 3 civilians, 1 co-accused, 4 officers were listed as Crown witnesses.
      • Upon successful representation and reasonable concessions, the Crown did not call the co-accused to testify against the client, even when he was present at the courthouse.
      • The client made incriminating utterance, and there was DNA evidence that linked the client to the crime.
      • The Crown was seeking 2-3 months of jail time.
  • R. v. S.B. Charge Withdrawn – Common Law Peace Bond Entered
    • Charge: Utter threat
    • Jurisdiction: Brampton
    • Highlights: The Crown was seeking 60 days in custody.
  • R. v. M.H. Charge Withdrawn
    • Charge: Assault
    • Jurisdiction: Toronto
    • Highlights:
      • There was indisputable video evidence against the client.
      • The complainant was head-butted on the face and broke his nose, so the charge would have been elevated to assault causing bodily harm.
      • A criminal conviction would have prevented the client from being promoted in the financial industry, if not lose his job, as well as prevent him from continuing to coach his children’s sports teams.
  • Client’s Letter:
    “Dear Mr. Kim,
    I would like to thank you for all the help and support you provided me over the last 10 months or so. Your calm and collected approach and empathy was immeasurable. I highly recommend your service to any one in need of criminal representation.

    I recall I approached Mr. Kim immediately after the incident, before any charge was laid. He spent time to explain the criminal procedure and took control of the process from the very beginning to my relief. My arrest was expedited as he had made the arrangement with the detective beforehand. I was quickly released without bail, free of any onerous condition.

    I had complete trust in Mr. Kim; his advocacy was excellent. I followed his advice and instructions, and the charge was completely withdrawn. I would not hesitate to recommend Mr. Kim to anyone who is in need of criminal representation or advice. His knowledge and personal skills and more importantly genuine empathy make him a great lawyer. Thanks!”
  • R. v. D.Y. Contested Drug (Fentanyl) Bail Won: Client was Released
    • Charges –
      • New: Possession for the purpose of Trafficking Fentanyl and Cocaine, and Unlawful Possession of Cannabis
      • Outstanding Charges: Mischief, Assault, Assault with Weapon, Utter Threat, and Theft
    • Jurisdiction: Milton
    • Highlights:
      • The client had been arrested 8 days prior to the new set of charges.
      • Amount of drugs involved were 75g of Fentanyl and 15g of Cocaine. Adult sentencing is in the range of 3 years of incarceration in a federal penitentiary.
  • R. v. T.A. Charge Withdrawn – Common Law Peace Bond Entered
    • Charge: Domestic Assault
    • Jurisdiction: Kitchener
    • Highlights:
      • Allegations were that the client pushed the girlfriend to the floor on the street and punched her in the face multiple times.
      • Two witnesses gave statements to the police, one of whom even claimed to have the video of the entire incident.
      • Charge withdrawn on the second court attendance.
  • R. v. M. B. Client Discharged at Preliminary Inquiry
    • Charges: Criminal Harassment, Harassing Telecommunication, Obstructing Justice, and Intimidating a Justice System Participant
    • Jurisdiction: Toronto
    • Outcome: Discharged with 6 months of probation.
    • Highlights:
      • The Crown elected to proceed by Indictment.
      • The Crown was seeking 2 years of jail time.
  • Client’s words: “When I was arrested, I couldn’t even look at the guy because I was scared. Now that I am represented by you in court, I can look at him straight in the eye, and I just realized that he is smaller than me.”
  • R. v. N. K. Charge Withdrawn
    • Charge: Offence under Liquour Licence Act
    • Jurisdiction: Mississauga
    • Highlights:
      • The client could have been charged for public intoxication under s. 175(1) of the Criminal Code.
      • There was video evidence, civilian statements, and the officer in charge was ready to testify against the client at trial.
    • Client’s words: “Michael Kim zealously represented me in court. He is the kind of lawyer who does not settle for what’s not the best for the client. I was impressed the way he advocated my case and the charge against me was withdrawn.”
  • R. v. B. T. Contested Reverse Onus Bail Won – the Client was Released and Not Required to Live with a Surety.
    • Charges
      • New Charges: Dangerous Driving, Assault with Intent to Resist, Assault, and Escape Custody, plus numerous Provincial Offences
      • Outstanding Charge: Robbery
    • Jurisdiction: Toronto
    • Highlights:
      • The client has mental health issues.
      • The allegation is that the client drove his car, dragging a police officer.
      • The client appeared in court for 3 days and could not be bailed before my representation.
      • The police has been seeking to arrest the client for months.
      • The Crown opposed the client residing at certain residence.
      • The presiding judge said to me, given that he is already charged with robbery and now before the Court for dragging a police officer, I am not even sure if I will be releasing him at all, never mind conditions of release.

Immigration Representations

  • “I widely recommend Michael Kim as immigration lawyer. He is really professional, has a broad knowledge about this matter and provides the best service at all times caring always about his customers. (Excellent communication about how your process is going, polite if you have any concern or question anytime) He assisted me in solving some issues and in the process of getting my Study & Work permit and before long with my PR.” – Successfully obtained Post-Graduation Work Permit while the client was in implied status.

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