FAQs

What is a criminal charge?

A criminal charge is a formal allegation that a person committed a criminal offence as defined in the Criminal Code of Canada. The laying of a criminal charge is typically the beginning of the court process, which includes disclosure of particulars of the allegation, a trial to consider the evidence put forward by the prosecution and the defence to find innocence or guilt. If you have a criminal charge, you will likely benefit from consulting an experienced criminal defense lawyer.

Do I need representation of a criminal lawyer?

A better question is what possible consequences are if I don't have a criminal lawyer. A criminal conviction, a discharge or even a common law peace bond may have consequences in terms of a criminal record, employment, immigration, travelling to USA, driving prohibition, an outsized fine and probably a jail sentence and more.

The choice of a skilled criminal lawyer's representation during a police investigation, upon an arrest, and when the charges are before court can make all the difference.

Representation of an experienced criminal lawyer can result in winning the charges or a reduced sentence and the fine. In many circumstances an experienced criminal lawyer can quickly and exceptionally resolve your case without hearing the evidence in a trial.

Some of the other common benefits could be protecting your disclosure rights, testing the admissibility of the evidence, analysis of the expert and forensic evidence and arguing applications to exclude the evidence or staying the charges based upon an infringement of your Charter rights, if applicable and more. In most of the circumstances, a lawyer can exempt his client from many court appearances even.

How do I know what kind of case the police have against me?

On the first court appearance you will most likely receive the disclosure of the Crown's case against you, typically called as initial disclosure. This can be an outline in narrative type alongside police officers' notes and the statements of potential Crown witnesses.

You should never assume that the disclosure you receive on the primary look is all the potential disclosure that exists or that might be obtained from the Crown. Normally additional disclosure is sought by Counsel once the initial disclosure is received and reviewed.

Should I just plead guilty and get over with my case?

No. You owe yourself getting some legal advice with regards to the police investigation and then make a decision with a lawyer, whether to enter plea or not. Even if, the review of the police investigation shows that there is no working defence in your case, still it may require various considerations based upon unique circumstances of you or your case.

The police left a message for me to call back. What should I do?

If you suspect yourself in a criminal case, talking to police or simply returning their call without knowing the legal aspects of it may land you into complications. You have a constitutional right not to incriminate against yourself. You should contact a Criminal Lawyer right away to know your legal rights those applicable during an investigation and upon an arrest.

What are my legal rights?

Some of the many Legal Rights under the Canadian Charter of Rights and Freedoms are:

Section 7 – Life, Liberty and Security of Person
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice

Section 8 – Search or Seizure
Everyone has the right to be secure against unreasonable search or seizure.

Section 9 – Detention or Imprisonment
Everyone has the right not to be arbitrarily detained or imprisoned.

Section 10 – Arrest or Detention
Everyone has the right on arrest or detention:
(a) to be informed promptly of the reasons therefore;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Section 11 – Proceedings in Criminal and Penal Matters
Any person charged with an offence has the right:

(a) to be informed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without just cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Section 12 – Treatment or Punishment
Everyone has the right not to be subjected to any cruel and unusual treatment or punishment

Section 13 – Self-Crimination
A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence

Section 14 – Interpreter
A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

Section 24 – Enforcement of Guaranteed Rights and Freedoms
24(1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

24(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.