Fearless
Advocates

Practice Areas


Judicial Interim Release

Kim Schofield has twenty years of experience obtaining judicial interim release (or bail) for her clients charged with serious drug and firearm related charges. As a result of her experience and intricate knowledge of the court system, she is able to effectively obtain her 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.

Ms. Schofield is always available to conduct bail hearings at the Ontario Court of Justice, and bail reviews at the Superior Court of Justice. She approaches each case with the utmost attention and preparation that is required, in order to successfully obtain her clients’ release from custody.

Please see Decisions – Judicial Interim Release for some of her most recent bail decisions.

Drug Offences

Ms. Schofield specializes in defending clients charged with all drug and drug related offences and has successfully defended clients with the following charges:

  • 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 Marihuan / 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.

She also represents clients charged with drug-related offences such as possession of property obtained by crime, and theft of hydro-electricity.

On a daily basis, Ms. Schofield effectively argues that the police have violated her clients Charter rights, which often results in an acquittal of all charges. As a Canadian Citizen, the Canadian Charter of Rights and Freedoms (hereinafter “the Charter”) guarantees that the police cannot enter a residential home, or vehicle (except in narrow circumstances) without a search warrant. The police must also have reasonable and probable grounds to believe an offence has or will be committed before they can obtain a warrant.

In many cases, the police obtain search warrants without sufficient grounds, and Ms. Schofield, through vigorous and skilled cross-examination, is able to show how the search warrant was improperly obtained, or how the police violated her clients’ rights as guaranteed by the Charter.

In addition, Ms. Schofield also obtains absolute or conditional discharges for her clients at sentencing, which does not result in a criminal record and allows our clients to travel to the USA.

Her reputation for zealously advocating every case is recognized by the entire criminal defence bar, the judiciary and court staff alike.

Other Criminal Code Offences

Ms. Schofield also represents many clients charged with all offences contrary to the Criminal Code of Canada, specifically all gun-related charges, sexual assault, and aggravated assault. As experienced counsel, she has represented a number of individuals charged with participating in a criminal organization and conspiracy to commit an indictable offence, which are often prosecuted by special counsel from the Guns and Gangs Initiative.

As a skilled and strategic litigator, Ms. Schofield recognizes the importance of effective cross-examination of all witnesses, including police officers, civilians and complainants in sexual assault cases. She has also mastered the art of preparing pre-trial motions and Charter applications which are vital to most defences.

Regardless of your charges, Ms. Schofield’s recognizes the importance of winning the case, and ensuring that the final outcome does not result in a criminal record for her clients.

Record Destruction

Following the completion of the criminal case, whether the charges are withdrawn, stayed, or a discharge is imposed, Ms. Schofield ensures that all fingerprints, photographs and any associated records taken at the time of arrest are destroyed.

It is of paramount importance to ensure that any remnants of your involvement in the criminal court system are destroyed. In some cases, clients who had dated criminal charges were prevented from volunteering or coaching their children’s sports teams, even if they were not found guilty of any offence.

Ms. Schofield recognizes the importance of destroying your arrest records as soon as your case is finished.

Fearless
Advocates