Michael A. Johnston, C.S.

WHO I AM

My practice is devoted to criminal and quasi-criminal litigation, advocating before Juries, Judges, Appeal Courts, Court Martials, and Administrative Tribunals.

I have appeared at all levels of court in Ontario and at the Supreme Court of Canada, winning numerous acquittals/not guilty verdicts from Juries and Judges.  Michael is Certified by the Law Society of Ontario as a Specialist in Criminal Law

Fighting criminal allegations often starts before trial. Asserting my clients’ rights under the Canadian Charter of Rights and Freedoms not only safeguards the right of every person to a fair trial, which can include the exclusion of unconstitutionally obtained evidence, or the mitigation of a sentence.

In my practice, successful Charter arguments have resulted in dozens of firearms, over $1 million in cash, and drugs being excluded from evidence due to improperly obtained warrants; breath samples excluded in impaired driving cases due to police conduct; statements to the police excluded after the right to counsel had been violated. I also passionately plead peoples' right to self-defence/defence of a third party. Every case is different, but I will defend against all manner of accusation(s), from shoplifting to murder.
Download my interview transcript with the Criminal Lawyers Association below

practice

areas

Navigating the criminal justice system without an experienced Ottawa criminal lawyer can be a nerve-wracking ordeal. Being arrested and charged with a crime may be the worst day of your life but it doesn’t have to define the rest of your life

Bail

With experience with virtually every type of bail hearing, our criminal defence and bail lawyers have experience with bail hearings from the initial appearance before the Justice of the Peace to multiple-day hearings for the most serious charges

TRials

We have what it takes to defend any criminal charge. Our criminal defence lawyers are armed with decades of experience, courtroom skills and drive to represent you and help you understand your rights and options at each stage of the case

weapons/
firearms

Our legal team is here to assist anyone who wants to obtain weapons or firearms legally. They also represent and advise people being investigated or charged with weapons or firearms offences

Indigenous
DEFENDANTS

We assist our Indigenous clients to navigate the legal system, from ensuring the presumption of innocence and proof beyond a reasonable doubt are vigilantly observed, to ensuring that if a sentence is imposed - that it is just given the Gladue factors and related considerations.

Driving 
Offences

Our experienced Ottawa criminal lawyers will defend your rights and help you get the best possible result for your impaired driving case including the more serious offences resulting in bodily harm or causing death

Search & Seizure
and Forfeiture

The Constitution guarantees the right to be free from the state's unreasonable searches and seizures. You have a right to a reasonable expectation of privacy. We have successfully safeguarded our clients rights by having warrants quashed resulting in the exclusion of dozens of firearms, bazookas, ounces of controlled substances, and over a million dollars

Why Choose me?

Michael is a highly experienced criminal defence lawyer based in Ottawa, Ontario.
Committed to my vocation as a barrister-at-law, I work diligently to ensure that clients obtain the results to which they are constitutionally entitled, from the pre-arrest stage, to bail, preliminary inquiry and trial—and, where in your best interest, a guilty plea(s), and sentencing & appeal(s), if so required.
 
No one should deal with the criminal justice system without proper representation and protection. If you or someone you know is facing charges, contact me for a free consultation. I support our troops and am honoured to give a 25% discount to all members of the Armed Forces.
Fluent in Spanish and conversant in French, I work with everyone’s financial situation to ensure that the defence you receive does not depend on the depth of your pockets. I accept Legal Aid Ontario ‎certificates and am a member of JusticeNet—a nation-wide program that offers legal services at reduced fees for those experiencing financial difficulties.

Frequently asked questions

Should I try to dispute a charge by my own?

No. As the old saying goes – A person who represents themselves has a fool for a client. Being accused of a criminal offence is emotionally charged. It is understandably difficult to remain objective. Evidence, and perspectives can easily be overlooked. A lawyer provides the detached reflection, and strategic approach to your legal issue(s). Safeguarding your liberty and rights is crucial. Consult with an experienced Ottawa criminal lawyer for free by contacting our firm.

Am I entitled to a lawyer?

Section 10(b) of the Charter of Rights and Freedoms guarantees “ Everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right”. Regardless of the charge, you have the right to seek legal counsel from a criminal defence lawyer. We recommend that you exercise this right. You do not need to wait to be charged, either; if you are being investigated, timely advice can be instrumental.. Whether you’re in need of attentive, well-informed guidance in preparation for a bail hearing, trial or otherwise, a lawyer can assist with the legal situation at hand.

How exactly can a criminal defence lawyer help me?

While your rights are guaranteed by the constitution – that does not mean they will enforce themselves. A passionate lawyer will help fight for your rights to be more than just fancy words on paper. Seeking out and working with the right advocate ensures your case is characterized with the most compelling arguments. A criminal defence lawyer can be especially helpful in collecting and analyzing evidence, contextualizing your case based on years of their real-world practice of law, and thoroughly organizing your side of the story. Also, if your case involves a jury (or a Court Martial), a good criminal lawyer presents and articulates critical details clearly, professionally, and in a persuasive manner. A lawyer works with their client as a team; two heads are better than one.

What if I know that I am guilty?

Guilt in the legal sense – is a determination that there is sufficient evidence to establish the alleged offence beyond a reasonable doubt. Guilt in a moral sense is of course different. The moral sense, can inform how you wish to approach the legal sense of guilt. However, everyone makes mistakes. If you indeed are at fault in some capacity an experienced Ottawa criminal lawyer will seek to reduce/mitigate the sentence which may be associated with your guilt in the legal sense. For example, seeking to avoid a criminal conviction/record, or, to avoid/minimize jail time.

Entering a guilty plea, after reviewing the evidence to ensure, despite a moral sense of guilt, that the legal definition of guilt can be established- indicates to that a person is accepting responsibility for their actions., and can help reduce a sentence. Sentencing involves multiple factors including the gravity of the crime, your circumstances as an individual, and how previous case addressing similar scenarios have been decided. We’re here to help. Stop your hesitation, and seek our representation.
Head Office

Ottawa ON, Canada

141 Laurier Avenue West
Ste 600, Ottawa, ON K1P 5J3
+1(613) 233-7747info@sjhdlaw.caContact Us
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