Kim Schofield specializes in complex bail hearings. She has over two decades of experience in obtaining judicial interim release (bail) for clients charged with serious drug and firearms related offences. All lawyers at the firm have significant experience in matters of bail for serious offences.
As a result of Schofield Macchia’s collective experience and intricate knowledge of the court system, we are often able to effectively obtain bail for clients in a speedy fashion. If a client has been denied bail, they can apply for a bail review to determine whether the denial of bail is justified. This means that a client can ask a higher court to review the original bail decision where they were detained in-custody.
Our office is always available to conduct bail hearings at the Ontario Court of Justice, bail reviews before the Superior Court of Justice and bail hearings in serious matters at all levels of Court. We also, regularly, assist clients in obtaining Bail Pending Appeal for their appeal matters.
Ms. Schofield has a special interest in assisting clients with complex bail and bail review matters at all levels of Court.
Kim Schofield has developed a specialized practice in litigating complex drug-trafficking, gun-trafficking and drug and gun possession cases. Our firm brings extensive and specialized experience in handling these cases to the defence of clients facing various firearms and drug-related charges. We have demonstrated a successful track record in cases involving:
On a daily basis, the lawyers at Schofield Macchia skillfully litigate drug and firearms related cases before all levels of Court.
Kim Schofield and the lawyers at Schofield Macchia have a proven track record of successfully challenging police misconduct and ensuring the protection of our clients’ constitutional Charter rights in such cases. Our firm’s experience and Kim Schofield’s special interest in this area has honed our advocacy on behalf of our clients.
At Schofield Macchia, we have many decades of combined experience in addressing issues where law enforcement have encroached upon or infringed our clients’ constitutional rights protected by the Charter. We have frequently seen these core issues result in the resolution of all charges.
As a Canadian citizen, the Charter guarantees that police cannot enter a residential dwelling or vehicle (with limited exceptions) without a valid search warrant. Police must have reasonable and probable grounds to suspect an offence has been committed or will be committed before a warrant can be obtained. In numerous instances, law enforcement secure search warrants without adequate grounds, and our office has successfully challenged many such warrants.
Through rigorous cross-examination and carefully crafted litigation strategy, Schofield Macchia has exposed many instances of police misconduct, improperly obtained search warrants, use of force, racial profiling, and instances where law enforcement has otherwise violated our clients’ constitutional rights.
Our appeals team, including Kim Schofield, rigorously advocates to overturn wrongful convictions or unfit sentences. We have successfully fought, on appeal, for clients whose fair trial rights were not honoured, who were wrongfully convicted, and whose Charter-based defences were not properly addressed. Our firm has the experience and skills to challenge unjust rulings and fight for justice at trial and on appeal.
Schofield Macchia has a special interest and experience in litigating racial profiling cases. Racial profiling is a reality of policing today. There are too many instances were our clients face criminal charges arising from “ruse stops” on the roadside or racial profiling in policing.
Kim Schofield and other lawyers in the office have successfully litigated and prevailed in several racial profiling and ruse stop cases for our clients. We remain committed to tirelessly protecting our clients’ rights. Our unwavering commitment to advocating fervently in every case has earned Schofield Macchia a distinguished reputation acknowledged by the entire criminal defence bar, the judiciary, court personnel, and the media.
Schofield Macchia consistently demonstrates excellence in vigorously defending clients facing human trafficking allegations. We recognize the unique and nuanced approach to this complex area of the law. Such offences include, for instance:
Human trafficking – exercising control, direction or influence over a person engaged in sex-work or other form of alleged exploitation;
Allegations of human trafficking carry a unique stigma in our society. We are well-versed in protecting our clients’ privacy while advancing their defence. These are serious offences that often require a carefully crafted litigation plan addressing issues of Charter rights and witness credibility and/or reliability. Our advocacy is tailored to achieve excellence and the best possible outcomes for our clients.
Schofield Macchia provides high quality legal representation to clients accused of sexual assault. These offences can severely damage a person’s reputation and carry significant criminal penalties as well as social stigma.
Schofield Macchia is committed to taking steps to protect our clients’ privacy and to ensure each client has a fair hearing of the issues in their case. For many of our clients, skilled cross-examination of complainants and witnesses has resulted in all charges being dropped and/or acquittals being entered at trial.
Schofield Macchia brings the rigor, focus and attention to detail that is the core of our firm’s brand to fight various accusations made against our clients. In crafting an effective litigation strategy for our clients, we employ rigorous cross-examination techniques as well as a comprehensive understanding of the disclosure and the law of sexual assault. Schofield Macchia regularly litigates successful applications pursuant to s. 276 and s. 278 of the Criminal Code to ensure that all the relevant information and important evidence needed to defend our client is before the Court at trial. We are committed to advancing each client’s unique defence strategy to achieve the best possible outcome.
Schofield Macchia is committed to defending clients facing all manner of offences against the person. Our lawyers are skilled negotiators and litigators who employ strategic cross-examination and legal argument to defence clients charged with various offences, such as:
Our firm’s quality representation has assisted our clients in litigating many criminal cases where all charges were dropped and/or our clients were acquitted at trial.
Kim Schofield takes a special interest in cases involving police overreach at the roadside, including “ruse” stops, racial profiling and over-zealous impaired driving investigations. Our office has a dedicated group of lawyers who regularly litigate impaired driving offences in Court. A DUI conviction carries significant stigma as well as damaging personal, professional and immigration consequences. Schofield Macchia is committed to advancing the best possible defence for our clients, advancing all defences including available Charter defences.
Defending clients facing impaired driving allegations requires a comprehensive understanding of the evidence in disclosure, common police techniques and practices, as well as the technical and forensic tools employed in DUI investigations. DUI cases proceed under a dedicated legislative framework, which demands precision and expertise from lawyers practicing in this area. Schofield Macchia’s experienced DUI lawyers employ a custom, detail-oriented approach to reviewing all the evidence and fashioning an effective litigation strategy. We are committed to relentlessly defending our clients to achieve the best possible outcome.