FAQ Criminal & Regulatory Law

What is Criminal Law?

Criminal Defence is the legal representation of individuals who have been charged with a crime. In Canada, everyone has the right to a fair trial, including the right to be represented by a lawyer. Criminal Defence lawyer play a vital role in the criminal justice system, ensuring that their clients’ rights are protected and that they receive a fair trial.

You're Under Arrest: What Now?

Facing arrest can be overwhelming. Remain silent and politely decline to answer questions. You have the right to request to speak to a lawyer and to remain silent. Doing so is important to help protect your interests. Find contact information for a lawyer, or ask the arresting officer to help you contact a lawyer. Remember, cooperation is key, but do not consent to anything or answer any questions without legal counsel.

Knowing Your Rights: When Questioned by Police

Understanding your rights is crucial. In Canada, the Charter of Rights and Freedoms grants you the right to remain silent and to legal counsel. Politely exercise these rights. Don’t feel pressured to answer questions or explain yourself – let your lawyer handle communication with the police.

Charged with a Crime? Facing the Unknown

Being charged triggers a complex process. Each case is unique, and the specific steps depend on the charges and your circumstances. Consulting a lawyer is vital to understand your options and navigate the legal system effectively. They can explain the charges, potential outcomes, and guide you through each stage.

Summary and Indictable Offences: Understanding the Difference

Canadian law categorizes offences as summary or indictable. Summary offences typically involve lighter penalties, while indictable offences potentially have harsher consequences. Understanding this distinction is important for knowing the potential ramifications of charges.

Seeking Release: Understanding Bail Options

Bail is a pre-trial release mechanism with specific conditions. Eligibility and terms depend on various factors like the severity of charges, potential flight risk, and community ties. A lawyer can advise you on your bail options and guide you through the process of applying for and securing release.

Your Advocate in Court: The Role of a Defence Lawyer

A defence lawyer safeguards your rights and interests throughout the legal proceedings. They advise you on the charges, negotiate with the prosecution, represent you in court, and ensure your legal rights are upheld. Their expertise proves invaluable in navigating the complexities of the criminal justice system.

Preparing Your Defence: Exploring Available Options

Various defence strategies exist in criminal cases, and depend on the specific circumstances of your case. A lawyer can assess your case, determine the most suitable defence approach, and build a strong case in your favour.

Facing Conviction: Understanding Sentencing Options

Guilty verdicts carry varying consequences depending on the offence severity and criminal history. Potential outcomes include fines, probation, community service, or imprisonment. A lawyer can explain the sentencing options, advocate for reduced charges or lenient sentences, and represent you effectively during the sentencing process.

Challenging the Outcome: Appealing Your Case

Under specific circumstances, you may be able to appeal a conviction or sentence. Specific deadlines and procedures apply, and consulting a lawyer is crucial to determine your eligibility, navigate the appeals process, and maximize your chances of success.

Clearing Your Record: Exploring Pardon Options

Depending on the offence and the time elapsed, you may be able to seek a pardon in relation to your previous conviction or convictions. Specific criteria and procedures apply, and legal advice is essential to understand your options and explore the possibility of a pardon.

This article is for general informational purposes only and is not legal advice. Contact Us today to discuss your specific situation.

FAQ Criminal & Regulatory Law