FAQ Criminal Law

Criminal Law Blog

FAQ Criminal 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 lawyers 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, politely decline answering questions, and request a lawyer immediately. You have the right to both, and this protects your interests best. Find lawyer contact information or ask the arresting officer to assist. Remember, cooperation is key, but do not consent to anything or answer 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 vs. Indictable Offences: Understanding the Difference
Canadian law categorizes offences as summary (less serious) or indictable (more serious). Summary offences have simpler procedures and lighter penalties, while indictable offences involve more complex procedures and potentially 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.
Defending Yourself: Exploring Available Options
Various defence strategies exist in criminal cases, depending on the circumstances. Common defences include alibi, mistaken identity, self-defence, and entrapment. A lawyer can assess your case, determine the most suitable defence approach, and build a strong case in your favor.
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 have the right 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 Expungement Options
Depending on the offence and time elapsed, you may be eligible to have your criminal record sealed or destroyed (expungement). Specific criteria and procedures apply, and legal advice is essential to understand your options and explore the possibility of record expungement.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.