Kim Schofield specializes in complex bail hearings. She has over twenty years of experience in obtaining judicial interim release (bail) for clients charged with serious drug and firearm related offences. All lawyers at our firm have significant experience in matters of bail for serious offences.
As a result of Schofield Macchia’s comprehensive preparation for bail hearings and intricate knowledge of the court system, we are often able to effectively obtain bail for clients 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. If a client is denied bail, they can apply for a bail review to determine whether the denial of bail is still justified.
We are always available to conduct bail hearings at the Ontario Court of Justice, bail reviews at the Superior Court of Justice and bail hearings in serious matters at all levels of Court. We also, regularly, assist clients by obtaining bail pending appeal for clients who have come to us with appeal matters.
We approach each case with the utmost attention and preparation. This is what is required to effectively and successfully obtain release from custody.
Kim Schofield has developed a specialized practice in litigating complex drug-trafficking, firearms-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, Schofield Macchia skillfully litigates drug and firearms related cases before the courts. Our firm often handles complex firearm and drug-related police “project investigation”. These matters often require a cohesive, multi-faceted and organized litigation strategy, with which we regularly assist our clients.
Schofield Macchia has 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 Ms. Schofield’s special interest in this area has honed our advocacy on behalf of our clients.
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.
We defence clients facing offences including, for instance:
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.
At Schofield Macchia, we have many decades of combined experience in addressing issues where law enforcement have encroached upon or infringed our clients’ Charter rights under the Constitution. We have frequently seen these core issues result in the exoneration of all charges.
For people in Canada, the Charter of Rights and Freedoms guarantees that police cannot enter a residential private residence or vehicle without a valid search warrant (except in certain cases). Furthermore, the Charter requires police officers to ensure they have reasonable and probable grounds to suspect a criminal offense has been committed (or will occur) before they can arrest someone. In numerous instances, law enforcement secure search warrants without adequate grounds, and we have challenged many such warrants.
Another important right that we work hard to safeguard is the right to have privileged (or private) communications with your lawyer. Law enforcement should not encroach on private communications between lawyer and client. Police also have a duty under the Charter to ensure that as soon as a person is detained or arrested they are advised of the reason for the detention and provided an opportunity to obtain a lawyer’s assistance and advice without delay.
Through rigorous cross-examination and litigation strategy, Schofield Macchia has exposed instances where search warrants were improperly obtained or where law enforcement violated our clients' Charter rights.
Our appeals team, including Ms. 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. Schofield Macchia has the expertise to challenge unjust rulings and fight for justice.
If your rights have been infringed, you may have a Charter defence or grounds of appeal. It is important to raise these issues as soon as possible with your lawyer to ensure that you preserve your right to raise these arguments at trial and on appeal.
Schofield Macchia provides high quality legal representation to clients accused of sexual assault, intimate partner violence and other offences against the person. These offenses can severely damage a person’s reputation. Such offences include, for example:
We are committed to taking steps available to us 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 result in all charges being dropped or acquittals at trial.
Schofield Macchia brings the rigor, focus and attention to detail that is the core of our brand to fighting various accusations against our clients. Our team employs vigorous cross-examination techniques and a comprehensive understanding of disclosure and evidence our clients face, as well as a depth of knowledge about the law and available defences to achieve the best possible outcome.
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.
We have successfully challenged cases where police officers have engaged in racial profiling and bogus “ruse” stops of vehicles. We recognize the tactics employed by law enforcement where such infringement on our clients’ Charter rights have occurred.
Our team has 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 criminal defence bar, the judiciary, court personnel, and the media.
