FAQ: What to Do If You Need a Criminal Defence Lawyer

1. What should I do if I've been arrested or charged with a crime?

If you've been arrested or charged with a crime, it's important to remain calm and exercise your legal rights. You should:
Remain silent: You have the right to remain silent. Do not answer any questions or make statements until you have spoken with a lawyer.
Ask for a lawyer: You have the right to speak with a criminal defence lawyer. Request to call a lawyer as soon as possible.
Avoid self-incrimination: Anything you say can be used against you in court, so it's important not to discuss the details of your case with the police until you've received legal advice.

2. When should I contact a criminal defence lawyer?

You should contact a criminal defence lawyer immediately after being arrested or charged. In fact, you should request a lawyer as soon as you are detained. In Canada, you have the right to legal representation from the moment you are arrested or detained. Speaking to a lawyer early on will help protect your rights and ensure you are properly advised before speaking to the police or attending any court appearances.

3. How can a criminal defence lawyer help me?

A criminal defence lawyer can:
Advise you of your rights: Ensure that you fully understand your rights throughout the legal process.
Represent you in court: A lawyer can represent you in bail hearings, pre-trial conferences and at trial.
Negotiate with prosecutors: Your lawyer can negotiate for reduced charges or plea bargains.
Build your defence: A lawyer will review the evidence against you, examine the facts of the case, and build a defence strategy tailored to your situation.
Protect you from self-incrimination: A lawyer can prevent you from saying or doing anything that may negatively affect your case.

4. What are my rights if I'm being interrogated by the police?

In Canada, you have several important rights during a police interrogation, including:
The right to remain silent: You are not obligated to answer any questions.
The right to legal counsel: You have the right to consult with a lawyer before speaking to the police. Ask to speak to a lawyer and do not answer questions until you've received advice.
The right to know the charges against you: The police must tell you why you've been detained or arrested.

5. What is bail, and how do I get it?

Bail is a form of release from custody while you await trial. In Canada, you may be eligible for bail after a hearing where a judge determines whether you can be released and under what conditions. Your criminal defence lawyer will represent you during the bail hearing and argue for your release. Bail conditions may include restrictions on travel, communication, or other conditions imposed by the court.

6. Can I get legal aid if I can't afford a lawyer?

Yes, in Canada, if you can't afford a lawyer, you may qualify for legal aid, a government- funded program that provides legal assistance to individuals with low income. Each province has its own legal aid program, so eligibility and services may vary. Contact your local legal aid office or ask your lawyer about whether you qualify for assistance.

7. What are the possible outcomes of my case?

The outcome of your case will depend on the charges and the evidence presented in court. Possible outcomes include:
Acquittal: You may be found not guilty of the charges.
Conviction: If you are found guilty, the court will impose a sentence, which could include a fine, probation, house arrest or imprisonment.
Plea Bargain: Your lawyer may be able to negotiate a plea deal with the prosecution for lesser charges or a reduced sentence. Your lawyer will explain the potential outcomes specific to your case and work to achieve the best possible result for you.

8. How long does a criminal case take to resolve?

The timeline for a criminal case in Canada varies depending on the complexity of the case, the charges, and the court's schedule. Some cases may be resolved in a matter of weeks if a plea agreement is reached, while others can take several months or longer if they go to trial. Your lawyer will keep you informed about the expected timeline and any delays that may occur.

9. What should I bring to my first meeting with a criminal defence lawyer?

For your first meeting with a criminal defence lawyer, bring the following:
Any documents related to your arrest or charges (e.g., arrest warrant, charge sheet, or bail documents).
A list of any witnesses or people involved in the case.
Any evidence or records that may be relevant (e.g., text messages, emails, or photos).
A written summary of the events as you remember them. This information will help your lawyer understand the details of your case and begin building a defence.

10. What should I expect during the court process?

The criminal court process in Canada usually involves the following steps:
First Appearance: You'll attend a first appearance in court, where the charges against you will be read. Your lawyer will likely request more time to prepare your defence.
Pre-Trial Conference: Your lawyer and the prosecutor will appear in Court, in advance of the trial, to address issues related to the management of the trial.
Trial: If your case goes to trial, the Crown attorney must prove the charges against you, based on the evidence presented at trial, beyond a reasonable doubt. You are presumed innocent throughout the trial until the judge (or, in some cases, a jury) finds you guilty or not guilty (acquits you).
Sentencing: If you are found guilty, the judge will impose a sentence based on the severity of the crime and other factors. Your lawyer will guide you through each stage of the process and explain what to expect.