Practice Areas

Fearless Advocacy

Our team has over two decades of experience in securing judicial interim release for clients facing serious drug and firearm charges. Schofield Macchia’s unwavering dedication to each case and meticulous preparation ensures the best possible outcome, and our notable track record of success is a testament to our skill in defending clients against an array of criminal charges, from drug offenses to gun-related cases.

JUDICIAL RELEASE

Our lawyers have over twenty years of experience obtaining judicial interim release (or bail) for our clients charged with serious drug and firearm related charges. As a result of our experience and intricate knowledge of the court system, we are able to effectively obtain our clients’ release from custody in a speedy fashion.

It is imperative that all prospective clients are aware that if bail is denied at first instance, he or she will remain in custody until the end of his/her court case, which will impact every decision going forward.

We are always available to conduct bail hearings at the Ontario Court of Justice, and bail reviews at the Superior Court of Justice. We approach each case with the utmost attention and preparation that is required, in order to successfully obtain our clients’ release from custody.

DRUG OFFENCES

Schofield Macchia specializes in the defense of clients facing various drug and drug-related charges, demonstrating a successful track record in cases involving:

  • Possession of Marihuana / Cocaine / Methamphetamine / Heroin, contrary to section 4 of the Controlled Drugs and Substances Act;
  • Production of Marihuana / Cocaine / Methamphetamine / Heroin, contrary to section 7 of the Controlled Drugs and Substances Act;
  • Possession of Marihuana / Cocaine/ Methamphetamine / Heroin For the Purposes of Trafficking, contrary to section 5(2) of the Controlled Drugs and Substances Act;
  • Trafficking Marihuana / Cocaine / Methamphetamine / Heroin, contrary to section 5(1) of the Controlled Drugs and Substances Act.

Additionally, they extend representation to clients facing drug-related charges such as possession of property obtained through crime and theft of hydro-electricity.

On a daily basis, Schofield Macchia skillfully argues that law enforcement has encroached upon their clients' Charter rights, frequently resulting in the exoneration of all charges. As a Canadian citizen, the Canadian Charter of Rights and Freedoms (referred to as "the Charter") guarantees that police cannot enter a residential dwelling or vehicle (with limited exceptions) without a valid search warrant. Furthermore, police must possess reasonable and probable grounds to suspect an offense has been committed or will occur before a warrant can be obtained.

In numerous instances, law enforcement secures search warrants without adequate grounds. Through rigorous and adept cross-examination, Schofield Macchia exposes instances where search warrants were improperly obtained or where law enforcement violated their clients' Charter rights.

In addition, Schofield Macchia secures absolute or conditional discharges for their clients during sentencing. Such discharges do not result in a criminal record and enable clients to travel to the USA.

Their unwavering commitment to advocating fervently in every case has earned Schofield Macchia a distinguished reputation acknowledged by the entire criminal defense bar, the judiciary, and court personnel alike.

OTHER CRIMINAL CODE OFFENCES

Schofield Macchia also extends their representation to numerous clients facing charges contrary to the Criminal Code of Canada. This encompasses a broad spectrum of offenses, notably gun-related charges, sexual assault, and aggravated assault. As seasoned legal representatives, they have advocated for numerous individuals facing charges related to participating in criminal organizations and conspiracies to commit indictable offenses. These cases often involve prosecution by specialized counsel from the Guns and Gangs Initiative.

As adept and strategic litigators, Schofield Macchia understands the critical significance of conducting effective cross-examinations of all witnesses, spanning police officers, civilians, and complainants in sexual assault cases. They have also honed their skills in crafting pre-trial motions and Charter applications, essential components of numerous defense strategies.