Elias Rabinovitch Law
Getting Started

Getting Started

What does a lawyer do? What areas of law do you practice?

I devote approximately 90% of my practice to criminal defence. However, I also have a special interest in employment law, human rights, and civil litigation. I protect your rights with drive, regardless of the area of law. I always try to achieve the best resolution possible for my clients. In the criminal justice system specifically, however, my primary goal is to protect your rights. Whenever you are charged with a crime, you have the right to be presumed innocent. No one can say you are guilty until they prove it. It is my job to show the court why you are not guilty, or to resolve your case before trial in a better way than whatever the Crown is asking for.

What should I do if I'm charged with a criminal offence?

Take a deep breath. Call or contact me right away so I can protect your rights and guide you through the process clearly from the start.

How quickly should I hire a criminal defence lawyer?

As soon as possible. Early action lets me safeguard your rights and develop the strongest defence strategy before things move further along.

What if I can't afford a lawyer?

I offer block payment options and retainer arrangements. Everyone deserves a proper defence, and I work to make it accessible. Call me and we can talk through what works for your situation.

How do I schedule a consultation?

Call or email me anytime. I offer confidential consultations to discuss your case and guide you on the next steps.

Choosing a Lawyer

Choosing a Lawyer

How do I find a good criminal lawyer near me in Toronto or the GTA?

Start by looking for a lawyer who focuses on criminal defence, has experience with your specific charge, communicates clearly, and is upfront about fees. Read recent Google reviews, confirm the lawyer is in good standing with the Law Society of Ontario, and ask whether the lawyer will personally handle your file or pass it to someone else. My office is at 120 Carlton Street in downtown Toronto, and I appear at courthouses across the GTA and Ontario, from Brampton and Newmarket to Oshawa and Hamilton. For a step-by-step guide, see how to choose a criminal defence lawyer.

What questions should I ask before hiring a criminal defence lawyer?

A few questions that quickly tell you whether a lawyer is the right fit:

  • Have you handled charges like mine before, and what outcomes are realistic?
  • Will you personally handle my file, or will it be passed to another lawyer or agent?
  • How and how often will you update me on my case?
  • What is your fee, what does it cover, and how is it structured?
  • What are the possible resolutions, and how do we avoid a criminal record if possible?

I am happy to answer all of these in a free consultation. See the full list in how to choose a criminal defence lawyer.

How much does a criminal defence lawyer cost in Toronto?

Fees depend on the charge and the complexity of the case. Most criminal matters I handle are billed on a flat fee, agreed in advance so you know the cost up front, and some are handled on an hourly retainer. Block payment options and retainer arrangements are available. The initial consultation is always free. See my fees page or call to discuss what your situation would involve.

What is the difference between Legal Aid and a private criminal lawyer?

Legal Aid Ontario provides subsidized representation to eligible lower-income individuals. A private criminal lawyer is retained directly and typically offers more direct access, more time on your file, and greater strategic flexibility. If you do not qualify for Legal Aid and cost is a concern, I offer flat fees and payment plans so that proper representation stays within reach.

Police & Your Rights

Police & Your Rights

Do I need to speak to the police?

Absolutely not, but you might need to comply with some of their demands.

While you must provide the police with identification if you have been (1) detained, (2) arrested, or (3) stopped in a motor vehicle, you have no obligation to speak to police otherwise.

The only exception would be a roadside breath test, which does not legally count as being detained and therefore does not trigger the right to a lawyer until you are detained or arrested. Legally, you must comply with all police demands for a breath sample. Otherwise, you will be charged with a criminal offence for the refusal. You are entitled to speak to a lawyer only before an intoxilyzer test, not the handheld roadside breath test.

In all other scenarios, speaking to the police without a lawyer can severely harm your case, so call me first.

What if I am arrested at night or on a weekend?

Call me immediately. I provide emergency assistance to ensure your rights are protected at all times.

Can I contact you outside business hours?

Yes. I make myself available for urgent questions and guidance because your situation matters at any hour.

Will information I share with you stay private?

Yes. Lawyer-client privilege fully protects everything you share with me, giving you confidentiality and peace of mind.

Outcomes

Outcomes

Will I have a criminal record?

Not necessarily. Many cases are resolved without a criminal record through measures such as withdrawals, diversions, peace bonds, or discharges. This is especially common for minor offences, first time offenders, and youth charges. Every situation is different, so I review your case carefully to explore every option that protects your record whenever possible.

Will I go to jail?

For those charged with minor offences and with no criminal record, this is highly unlikely. This is not always true, but it is generally uncommon for jail to be on the table for minor missteps. For example, mischief under 5000, simple assault, theft under 5000, harassment, uttering threats, vandalism, purchasing sexual services over age 18, and several other minor offences, will only rarely attract prison time where the accused has no criminal record.

Will my case go to trial?

Most cases are resolved without trial through negotiations (90 percent plus). I'll guide you to the best outcome, whether in court or through resolution. At a certain point, some of my clients may need to make a difficult decision. Sometimes, that is a decision of whether or not to proceed to trial. I have strong negotiation skills with Crown attorneys throughout the GTA, however, in more serious situations, negotiation can only go so far. While it is uncommon, trial can sometimes be the best path forward.

Wait, what is a trial though?

A trial is what you see in the movies.

In essence, a trial is when the accused sits with their lawyer at a bench in front of a judge in a courtroom. Another lawyer, called the prosecution or the Crown, sits on the opposite side.

These two lawyers then argue about whether or not the accused is guilty. Since I am the defence lawyer, I will always argue that you are not guilty. The Crown tries to argue that you are guilty.

At a trial, evidence is used to support both sides' arguments, including witnesses, video footage, written evidence, photographs, and even physical evidence such as clothing or DNA.

Trials can be risky because you never know what the judge or jury is going to decide. If they decide you are guilty, it becomes a more challenging situation. Sentencing options may be limited, and the result is no longer within your control. That is why the decision to go to trial has to be made carefully and strategically, although sometimes it is the best option.

So, when is trial the best option?

Basically, a trial is only viable in two situations: (a) where the evidence is not enough to prove you are guilty, or (b) where the Crown's offers for a resolution before trial are bad or unreasonable.

(a) is self explanatory. If there is not enough evidence to prove guilt beyond a reasonable doubt, a trial will be easier to win.

(b) is more complicated. Sometimes the Crown's offers for a plea deal are terrible, so there is nothing to lose by going to trial. Other times, the Crown's offers are fair and give us a real chance to resolve the case without the risks, stress, and cost of a trial. The key is to weigh the strength of the evidence, the potential outcomes, and what makes sense for you in the long run.

How long does a criminal case take?

This varies widely. It depends on the charges and court schedules. Sometimes a case can be resolved in a few months. Commonly, charges take about six months or as long as a year to complete. Other cases can take even longer.

This is for several reasons. The Crown is backlogged with cases and usually takes at least a couple of months to provide initial disclosure. The Crown often does not want to settle on reasonable terms at first, and it takes time to wear them down. I may also want you to complete upfront work such as volunteering or therapy to improve your chances, and that takes time.

I try to reduce the chances of a prolonged outcome, but my priority is always the most favourable result possible, which unfortunately requires patience.

What is the Crown?

In Canada, the government has a team of lawyers called the Crown. They prosecute your case. Prosecute means they seek to prove why you are guilty and ask the court to punish you in a certain way. It is my job to show the court either why you are not guilty, or why you deserve a lesser punishment than what the Crown asks for.

Working With Me

Working With Me

Can I talk to you before making any decisions?

Absolutely. I encourage questions at any hour and make sure you fully understand every step before deciding on a course of action. My door is always open.

How do you communicate case updates?

I keep you informed directly through phone, email, or meetings, so you always know the status of your case.

Do you handle only serious criminal cases?

No. I handle everything from minor charges to complex cases and treat all cases with the same level of respect.

Will I have to appear in court?

Most cases require at least one appearance. I prepare you fully so you feel supported and confident throughout the process.

What makes you different from other criminal lawyers?

I handle every file personally, no associates, no handoffs. My goal is to make you feel genuinely supported, understood, and confident at every step.

Who else will work on my case?

While I operate independently, I regularly collaborate with a select group of trusted lawyers on certain files. With your consent, I may involve them in your case where it may strengthen your defence. This collaboration will not affect your fees. It is conducted in strict confidence and designed solely to ensure you receive the best representation possible.

Locations & Reach

Locations & Reach

Do you have an office I can meet at?

Yes. My office is at 120 Carlton Street, Suite 205, in downtown Toronto, and I meet clients there in person. If you are outside Toronto or prefer not to come downtown, I am available immediately by phone or Zoom at any hour. For court appearances, I travel to courthouses across Ontario in person - from Brampton and Newmarket to Oshawa, Ottawa, Windsor, and everywhere in between. You will always have me, not an agent or a referral.

Do you serve clients only in Toronto?

No. I represent clients from across Ontario. My office is in downtown Toronto, but I travel to courthouses province-wide for court appearances, and I handle consultations by phone or Zoom for clients anywhere in Ontario. Whether you are in Woodbridge, Brampton, Oshawa, Vaughan, Pickering, Ottawa, Windsor, Sudbury, or further north, I will be there for your court dates.

Can I be represented if I am out of town?

Yes. I handle consultations by phone or Zoom for clients anywhere in Ontario, and I travel to the relevant courthouse in person for all appearances. You do not need to be in Toronto to retain me.

Which courthouses do you work at?

I represent clients across the GTA (Greater Toronto Area) and throughout Ontario, Canada. Some courthouses I frequent include, but are not limited to:

Toronto
10 Armoury Street, Toronto (and associated North York locations)
York Region
50 Eagle Street West, Newmarket (Vaughan, Richmond Hill, Markham, Aurora, Newmarket)
Peel Region
7755 Hurontario Street, Brampton (Brampton and Mississauga)
Halton Region
491 Steeles Ave East, Milton (Burlington, Oakville, Milton)
Durham Region
150 Bond Street East, Oshawa (Pickering, Ajax, Whitby, Oshawa)
Simcoe (Norfolk County)
50 Frederick Hobson VC Drive, Simcoe
Hamilton Region
45 Main Street East, Hamilton (Hamilton, Stoney Creek, Ancaster)
Guelph
36 Wyndham Street South, Guelph
Waterloo
85 Frederick Street, Kitchener (Kitchener, Waterloo, Cambridge)
Dufferin Region
10 Louisa Street, Orangeville
Barrie Region
75 Mulcaster Street, Barrie
Ottawa
161 Elgin Street, Ottawa, ON
Bradford West Gwillimbury
57 Holland Street East, Bradford
Niagara Falls
4635 Queen Street, Niagara Falls
London (Middlesex County)
80 Dundas Street, London
Woodstock
415 Hunter Street, Woodstock
Windsor Essex
200 Chatham Street, Windsor, ON
Bail & First Steps

Bail & First Steps

What happens at a bail hearing?

A bail hearing (formally called a show cause hearing) determines whether you are released while your case proceeds or held in custody. The Crown can argue for detention on three grounds: primary (risk of flight), secondary (risk to public safety), and tertiary (public confidence in the justice system).

I prepare a release plan before the hearing, identify suitable sureties if needed, and argue for the least restrictive conditions possible. Most clients are released with conditions. If the first hearing does not go well, there are review processes available.

What is a surety and do I need one?

A surety is someone, usually a family member or close friend, who pledges a sum of money and agrees to supervise you while you are out on bail. They are responsible for ensuring you follow your conditions and appear in court. Not every release requires a surety, but more serious cases often benefit from having a credible one prepared in advance. I advise you on whether you need a surety and how to prepare them for what to expect at the hearing.

What bail conditions might I face?

Common bail conditions include:

  • Keeping the peace and being of good behaviour
  • Reporting to a bail supervisor
  • No contact with named persons (such as a complainant)
  • Staying within a geographic area or province
  • Not possessing weapons or alcohol
  • Surrendering your passport
  • Residing at a specific address

My goal is always to minimize conditions so your life is disrupted as little as possible while your case proceeds.

What is disclosure and why does it matter?

Disclosure is all the evidence the Crown has against you: police reports, witness statements, video footage, forensic results, audio recordings, and any other relevant material. You have a constitutional right to full and timely disclosure before proceeding. I review everything carefully to identify inconsistencies, missing evidence, unlawful searches, or other weaknesses in the Crown's case.

Can charges be dropped or withdrawn before trial?

Yes. The Crown can withdraw charges at any stage if the evidence weakens, the public interest no longer supports prosecution, or a negotiated resolution is reached. Withdrawals happen regularly through diversion programs, peace bonds, and direct negotiation. A withdrawal means no conviction and no criminal record. I pursue withdrawal in every eligible case before recommending any other resolution.

Charter Rights

Charter Rights

What is the Canadian Charter of Rights and Freedoms and how does it help me?

The Charter is part of Canada's Constitution. It guarantees fundamental rights: the right to remain silent, the right to counsel, protection from unreasonable search and seizure, and the right not to be arbitrarily detained, among others. When police violate your Charter rights, a court can exclude the evidence they obtained, which can collapse the Crown's case entirely. I review every file for Charter issues as a first step.

What happens if police searched me without a warrant?

Section 8 of the Charter protects you against unreasonable search and seizure. If police searched you, your vehicle, or your home without a valid warrant, without consent, or without lawful authority, any evidence found may be excluded under section 24(2) of the Charter. This is one of the most powerful tools in criminal defence. I look for unlawful searches on every file involving seized evidence.

What is arbitrary detention under the Charter?

Section 9 of the Charter protects you from being stopped or held without legal justification. If police detained you without reasonable and probable grounds, the detention was arbitrary and unlawful. Any evidence gathered, including statements you made, may be excluded. Random street stops, racially motivated stops, and traffic checks without grounds are all potential Charter violations I examine in every file.

Can police search my phone?

Generally no, not without a warrant. The Supreme Court of Canada has confirmed that cell phones attract a high expectation of privacy. Police need specific judicial authorization to search your phone. If they did so without a proper warrant, the search was likely unlawful and the evidence may be excluded. This applies to text messages, photos, apps, and call logs.

Charge-Specific Questions

Charge-Specific Questions

What happens if the assault complainant does not want to proceed?

In Canada, the Crown decides whether to proceed, not the complainant. A complainant cannot simply "drop charges." However, a reluctant complainant significantly weakens the Crown's case and often leads to a withdrawal, especially in domestic or minor assault situations. I work to leverage a complainant's lack of cooperation into the best possible resolution for my client.

What is the difference between impaired driving, over 80, and refusal?

These are three distinct criminal offences under the Criminal Code:

  • Impaired driving: your ability to drive was impaired by alcohol or drugs, regardless of your blood alcohol level.
  • Over 80 (now "80 mg or more"): your blood alcohol concentration exceeded 80 mg per 100 mL, regardless of visible impairment.
  • Refusal: you refused to comply with a lawful demand for a breath or blood sample. This carries the same penalty as the above.

I challenge DUI evidence on many grounds: breathalyzer calibration, the approved instrument record, the officer's grounds for the initial demand, and whether your rights were respected throughout.

What is the difference between drug possession and possession for the purpose of trafficking?

Simple possession means knowingly having a controlled substance, typically for personal use. Possession for the purpose of trafficking (PFPT) means possessing drugs with the intent to sell, distribute, or transfer them. PFPT carries far heavier penalties, including mandatory minimums in some cases. The distinction often turns on the quantity, how the drugs were packaged, whether cash or scales were present, and other circumstantial factors. I regularly challenge PFPT charges by attacking the Crown's inference that the accused intended to traffic.

How is consent handled in a sexual assault case?

Consent in Canadian law means the voluntary agreement to the specific sexual activity at the time it occurred. Consent cannot be given in advance for all future activity, and it can be withdrawn at any time. Intoxication, unconsciousness, or an abuse of trust or authority can negate consent. The defence of honest but mistaken belief in consent requires that the accused took reasonable steps to ascertain consent. I analyze the evidence carefully and build a defence around the specific facts and the law as it applies to them.

Can a criminal charge affect my immigration status?

Yes, seriously. Non-citizens can face deportation, removal orders, or inadmissibility findings following certain convictions or even charges under the Immigration and Refugee Protection Act. Even permanent residents can lose their status. I always consider immigration consequences when advising on plea options and resolution strategies, and I work with immigration counsel on complex files to ensure the criminal outcome does not unintentionally cause immigration harm.

What is a youth record and is it sealed?

Youth records under the Youth Criminal Justice Act are kept separate from adult records and have strict access limits. After a set period following the completion of the sentence, a youth record is automatically sealed and most employers, landlords, and members of the public cannot access it. However, certain serious offences or reoffending as an adult can affect the sealing timeline. I fight to keep youth matters in the youth justice system and to achieve the most rehabilitative outcome possible, protecting the young person's future.

Can I travel to the United States with a Canadian criminal record?

Many criminal convictions make you inadmissible to the United States under American immigration law. Even a discharge, a withdrawn charge, or a peace bond can appear on background checks that US border agents run. To enter the US with a record, you may need to apply for a US Entry Waiver through US Customs and Border Protection. I factor travel consequences into every resolution discussion and advise clients before they agree to any outcome that could affect their ability to cross the border.

Other Practice Areas

Other Practice Areas

What is expropriation and what are my rights in Ontario?

Expropriation is the compulsory acquisition of private property by a government body - a municipality, the Province, Metrolinx, Hydro One, or another authority - under Ontario's Expropriations Act. The authority can take your land, but they must follow a defined process and pay fair compensation.

You have the right to commission your own appraisal at the authority's cost, claim compensation for market value, injurious affection (damage to your remaining land), disturbance damages (moving, relocation costs, mortgage penalties), and business losses. You are also entitled to recover your legal costs if you do at least as well as the authority's initial offer.

I received a Notice of Expropriation. What is the first thing I should do?

Call a lawyer immediately. You have exactly 30 days from the Notice of Application to request a Hearing of Necessity - the formal proceeding where you can challenge whether the expropriation is justified, whether the scope is proportionate, and whether alternatives exist. After 30 days, that right is gone and the only question left is how much compensation you receive. Do not wait.

Am I entitled to more than just the value of the land that is being taken?

Yes, significantly more. Ontario's Expropriations Act entitles you to market value of the land taken, injurious affection for losses to the land you keep (for example, a road widening that eliminates parking or severs access), disturbance damages (moving costs, mortgage penalties, relocation expenses), and business loss compensation if you operate from the property.

Expropriating authorities routinely make initial offers that omit injurious affection and disturbance damages entirely. You have to claim them - and you need expert appraisal evidence to do so effectively. The authority pays for your independent appraisal and your legal costs if you achieve at least as much as their initial offer.

I need help with civil litigation, an employment issue, or a human rights claim. Will this be expensive, and do we need to go to court?

The litigation process can be expensive, but the ultimate goal is to secure you a settlement that substantially offsets the costs of litigation. Often, formal court proceedings may be limited or unnecessary. In other cases, more substantial motions may be required. Fortunately, in civil matters like these, trials, while not impossible, are exceptionally rare (unlike in criminal law).

I think I was wrongfully dismissed. What does that actually mean?

In Ontario, "wrongful dismissal" usually means you were fired without being given proper notice or severance. It does not necessarily mean the employer had no reason to let you go, it means they didn't pay out what the law (or your contract) requires.

Many employees walk away with far less than they're entitled to because they don't realize the minimums in their employment contract often understate what they're actually owed. Before you sign anything from your employer, let me review it.

How quickly should I act after being fired or laid off?

Quickly. There are tight limitation periods on employment claims in Ontario, and employers will often pressure you to sign a release within a short window in exchange for severance. Once you sign, it is very difficult to undo. Reach out before signing anything, even a quick consultation can change the outcome significantly.

What is severance and what am I entitled to?

Severance is the compensation you receive when your employment ends without cause. In Ontario, you are generally entitled to the greater of (a) what your contract specifies, (b) the minimums under the Employment Standards Act, or (c) the "reasonable notice" set by common law, which can be significantly more than the statutory minimum.

The right number depends on your age, position, length of service, and how hard it will be to find comparable work. I can review your situation and give you a realistic range.

What is a Human Rights claim and how do I know if I have one?

You may have a human rights claim if you have been treated differently or unfairly because of a protected ground, such as race, gender, disability, age, religion, sexual orientation, family status, or several others, in employment, housing, or services.

Common examples include being fired or passed over for promotion after disclosing a disability or pregnancy, being harassed at work for your background, or being denied accommodation for religious or medical reasons. Claims are typically filed with the Human Rights Tribunal of Ontario (HRTO).

What kinds of civil disputes do you handle?

I handle a focused range of civil litigation matters, with particular interest in employment disputes, human rights claims, contract disputes, and matters that involve a mix of civil and criminal issues (for example, defamation tied to a criminal allegation, or restraining orders connected to domestic matters). If your situation does not clearly fit, reach out anyway, I will tell you honestly whether I am the right person, or refer you to someone who is.

Do most civil cases settle without a trial?

Yes. The vast majority of civil and employment matters resolve through negotiation, mediation, or settlement well before trial. Trials in civil cases are rare, expensive, and slow. My job is to negotiate from a position of strength to get you to a fair outcome without the stress and cost of going to court whenever possible.

Still have questions? Let's talk.

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647-547-6734