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PARK'S CRIMINAL LAW

PARK'S is a criminal law firm dedicated to representation of individuals and businesses facing criminal or regulatory offence charges.

Whether your challenge involves the need for successful negotiation, trial advocacy, or the need to protect your rights during criminal prosecution, PARK'S will work towards getting the result that makes most sense to you.

justice (jus'tis), n. I. The fair and proper administration of laws.

Black's Law Dictionary

PRACTICE AREAS

PRACTICE AREAS

No two cases are alike and every client brings a unique challenge to the firm. This means that a lawyer must take the time to get to know the client and appreciate the factual matrix surrounding the case in order to plan a customized course of action. No matter how big or small your case may be you will come to appreciate the firm's dedication to treating your matter with the utmost care and detail.

At PARK'S, you needs will be at the centre of every analysis. This Client Focused Approach allows every client benefit of having an accessible lawyer who will keep them informed at every step of the case. Vigorous representation of client's interest is the natural product of this approach.

Although it is impossible to list all of the services provided, clients frequently require representation with respect to the following:

Bails

Fraud and Mortgage Frauds

Assault

Impaired Driving/Over '80' Offences

Sexual Assaults

Crimes Involving Young Persons (Minors)

Drug Charges (Production, Possession, Trafficking, etc)

Robbery/Thefts

Liquor Licence Litigation

Tobacco Litigation

CRIMINAL DEFENCE

CRIMINAL DEFENCE

Facing a criminal charge is something that no one wishes for. But it happens. Wether you are guilty or innocent, it is important to know your legal rights from the time of the arrest and understand that you are presumed to be innocent until the prosecution is able to prove all elements of the offence charged beyond reasonable doubt.

"YOUNG PERSONS" ACCUSED OF AN OFFENCE

A "Young Person" is an individual who is at least twelve years of age and is less than eighteen years old. When a Young Person is charged, a unique set of legal principles and procedures come into play.

In many cases, it will be the parent or guardian of the accused who will make the initial contact with a lawyer. PARK'S welcomes enquiries from any concerned parent or guardian and will encourage their involvement as much as possible in their dependants' matter while at the same time respecting the Young Person's need to consult with a lawyer in confidence.

BAIL HEARING

Bail hearing often becomes the most critical stage of the criminal process for the accused. Unsuccessful persons at bail hearings face difficulties of securing and instructing a lawyer. And study has shown that an accused person awaiting trial from jail is more likely to plead guilty than an out-of-custody person.

LAWYERS

John J.S. Park, J.D., Trial Lawyer

jpark_parkslaw.ca

John's diverse background brings a unique perspective to the practice of law. Prior to establishing PARK'S, John began his career as a civil litigation lawyer with a leading law firm in the GTA and as a criminal lawyer at one of the most successful chambers of trial lawyers.John's knowledge of both civil and criminal procedures often prove to be a valuable asset to businesses and professional clients facing complex criminal and regulatory offence matters. John's past and existing clients include individuals and professionals, criminal orgranizations, corporations, and alcohol and gaming establishments.John received his Bachelor of Science (B.Sc.) degree from McGill University and studied law in England and Canada, earning the degree of Juris Doctor (J.D.) from Queen's University in Kingston.John is a skilful advocate and an experienced trial lawyer who shares his passion for trial law inside and outside of the courtroom. Each year, John is actively engaged in his efforts to strengthening the public understanding of our justice system and has successfully participated as a judge and coach to various mock trial teams at competitions orgranized by the Ontario Bar Association and the Ontario Justice Education Network.John is bilingual and speaks fluent Korean, and is counsel to various Korean corporations, individuals and law firms in Korea. He is also a regular contributor as a columnist to Korean newspapers.Associations:Law Society of Upper Canada (Member)Criminal Lawyers' Association (Member)Korean Canadian Lawyers' Association (Co-Chair)Korean Canadian Cultural Association (Director)Toronto Centre Federal Liberal Association (Sectoral Vice-President)

Jonathan C.H. Park, J.D., Student-at-Law

jonathan.park_parkslaw.ca

Jonathan's educational background and experiences make him uniquely suited to excellence in the practice of criminal law. He studied law at one of Canada's most distinguished law schools, Osgoode Hall Law School, earning the degree of Juris Doctor (J.D.). Prior to that he received his Honours Bachelor of Arts (HBA) degree cum laude from York University, double majoring in economics and criminology.While at law school, Jonathan excelled in oral advocacy, contributing to high achievements in appellate advocacy competitions such as the then-called Faskin Martineau International Moot Competition and in the Harold G. Fox Intellectual Property Moot. He contributed to a second place finish in the former competition and a first place finish in the latter competition. These advocacy skills have proven to be a great asset to many of PARK'S clients.Jonathan's passion for social justice and commitment to the ideals of civil liberties carry on outside of the office and the courtroom. He was one of the main coordinators for SPINLAW, a conference dedicated to raising awareness about legal issues in various social justice areas and establishing grassroots organizations focused on dealing with these issues. He also became the Chair of the Mental Health Law Society, dedicated to advocating for individuals that are disadvantaged due to various mental health issues.Jonathan also contributes to the Korean community through his continued involvement with legal assistance clinics put on by the Korean Canadian Lawyer's Association designed to provide free legal advice to Korean immigrants in the GTA. He also acts as an advisor to the executive of the Korean Law Students Association at Osgoode, an organization of which he was once president. He is able to speak and read Korean well.When Jonathan is not practicing law, he enjoys reading, going on hikes, and strategy gaming.
FEES

FEES

It is important to get results. It is also important to get it done at minimal costs. At PARK'S, lawyer's fees will be explained in detail and discussed with every client at the earliest opportunity. As a client, you are entitled to know the various options available to you and that includes the right to know the most cost efficient option.

LEGAL AID

Rising legal fees is often a barrier to individuals seeking quality legal representation. PARK'S believes that every person has the right to access the justice system and will do the best to accommodate those facing difficulties.

PARK'S welcomes Legal Aid Certificates for serious criminal matters. Please call the office for consultation.

Duty as Defence Lawyer: "When defending an accused person, a lawyer's duty is to protect the client as far as possible from being convicted... [and] a lawyer may properly rely on any evidence or defences including so-called technicalities not known to be false or fraudulent."

(Rules of Professional Conduct, r. 4.01(1) Commentary)

ARTICLES

Ontario’s Stunt Driving Law is Unconstitutional, Says CourtIt was an early Saturday morning last fall when I decided to take a road trip to see the changing colour of the leaves. I was driving northbound on Hwy 400 approaching the city of Newmarket. It was a cool sunny day without a single cloud in the sky. And with no other cars in sight, I felt as if the world stood still. As I drove mindlessly on the highway enjoying the scenery around me I had completely lost track of how fast I was going. I remember looking down at my speedometer that indicated I was driving at a speed of 155 km/h. That is some 55 km/h over the posted speed limit of 100 km/h. I immediately stepped on the breaks when I was reminded of the recent amendment of the Ontario’s Highway Traffic Act that define “stunt drivers” as anyone who drives more than 50 km/h over the posted speed limit. Should have I been stopped by the police last fall, my driver’s licence would have been immediately suspended, my car would have been impounded on the spot and I would have been ordered to pay a fine of no less than $2000.00 upon conviction. And that’s not all. According to the amendment, the judge could have also sent me to jail upon conviction. You heard me right, I could actually go to jail for speeding in Ontario. Fortunately, I was able to escape the sight of any police cruisers and I ended up safely at my final destination to enjoy the weekend get-away. But a 62 year old grandmother from Oakville named Jane Raham was not so lucky last year. She was, indeed, charged and convicted for “stunt driving” for speeding at a rate of 131 km/h in an 80 km/h zone. Ms. Raham appealed her conviction.In reversing the conviction, an Oakville judge recently declared that “stunt driving” law in Ontario is unconstitutional. That’s the court’s way of saying that the law itself is illegal and therefore cannot be enforced in Ontario. The judge reasoned that “stunt driving” law has the potential to send innocent people to jail who may not have necessarily intended to drive at such a high rate of speed. For example, this can happen when drivers are trying to safely overtake another vehicle by briefly speeding, or at times when drivers become distracted and become momentarily oblivious to the rate of speed.The judge’s ruling stems from a constitutional principle as well as the basic principle of criminal law that guard innocent people’s liberties. These principles ensure that, under Canada’s justice system, only the people who commit offences with “guilty mind” are sent to jail. And because the “stunt driving” law has the potential to imprison people who may not have necessarily intended to speed, it violates these principles.Following this ruling, the Ontario’s Attorney General, Chris Bentley, advised that the government will appeal the decision to higher court. And in the meantime, I’ll continue to set my cruise-control at 148 km/h on provincial highways to make sure I don’t speed over 50 km/h of the posted limit.By John J.S. Park, J.D.Criminal Record for the Innocent?Facing a criminal charge is one of the most difficult ordeals people may face in life. Even if one is guilty of committing the offence the real appreciation of his or her ill conduct is only realized once they are caught. Even for the hardened criminal the mere thought of going to jail or to have his liberties taken away can be devastating. And for the truly innocent who is being wrongfully accused the added sense of anger and bitterness can make it even worse.For the wrongfully accused, the fight towards an acquittal is much more than a fight to stay out of jail. It is a fight to clear his name that has been smeared with prejudice. And this is why one of the most rewarding parts of my job as a criminal defence lawyer is witnessing the joy in my clients’ faces after an acquittal. Finally, after a lengthy battle with the authorities, loss of reputation in the community and in the workplace, not to mention the thousands of dollars spent on legal fees, an acquittal gives the wrongfully accused the chance for a fresh start. Or does it?In 2002, a social worker named Magdy Tadros was wrongfully accused for sex-related offences against the children he was looking after in a group home. Within a week of being arrested the government took away his licence to operate the group home and it closed permanently. As an unemployed man in his 50’s one can only imagine the devastation he would have been through. And after a year and half battle, the prosecution withdrew all of his charges. Looking to restart his career, Mr. Tadros began the process of looking for employment again as a social worker. Because Mr. Tadros was applying to work with children, his prospective employers asked for his consent to conduct what is referred to as the “Vulnerable Persons Search” (VPS). A VPS is different from a criminal records check and is often requested by government agencies and prospective employers who employ persons working with vulnerable persons such as seniors and children. That means in Ontario, most schools and agencies will request a VPS before hiring teachers and counselors. Although the police are not free to disclose any information about the applicant to the prospective employer, they can do so if the applicant consents to having that information disclosed. Realistically speaking, Mr. Tadros felt that he had no option but to consent to the employer’s request. Mr. Tadros’ VPS revealed that he was once charged with sex-related offences and those charges have been withdrawn. Needless to say that Mr. Tadros was unsuccessful in retaining employment as a social worker once this information was disclosed to the potential employer. Mr. Tadros went to court and the judge granted his request to prohibit the police from disclosing the fact that Mr. Tadros was ever charged since, after all, those charges have been ultimately withdrawn. The police appealed the decision to the Court of Appeal for Ontario.In a recent decision, the Court of Appeal ruled that police have the right to disclose withdrawn charges to prospective employers if VPS is requested. It was the Court’s view that since the consent from the applicant is required before the information is disclosed to the employer, the police are not violating any privacy rights.So much for a fresh start…By John J.S. Park, J.D.
WHERE WE ARE_

WHERE WE ARE_

516 Main Street

City, Area

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1256GH

CONTACT US_

1235 Bay Street Suite 400Toronto, Ontario M5R 3K4PHONE: (416) 366-6001FAX: (647) 438-4497EMERGENCY/BAIL ENQUIRY:(416) 948-0372IN-CUSTODY/COLLECT:(416) 966-3231 EMAIL: info_parkslaw.ca