If you are arrested, remember these important steps: 1) Exercise your right to remain silent - do not answer questions without a lawyer present. 2) Ask to speak to a lawyer immediately. 3) Do not consent to any searches. 4) Be polite and cooperative with police officers, but do not provide statements about the alleged offense. 5) Contact a criminal lawyer as soon as possible. Remember that anything you say can be used against you in court.

Yes, even summary offenses can have serious consequences including fines, probation, and a criminal record. A criminal record can affect employment, travel, immigration status, and other aspects of your life. An experienced lawyer can often negotiate better outcomes, identify defenses you might not be aware of, and potentially have charges reduced or dismissed. The cost of legal representation is often minimal compared to the long-term consequences of a conviction.

Summary offenses are less serious crimes with lighter penalties, typically handled in provincial court with maximum sentences of 2 years less a day. Indictable offenses are more serious crimes that can be tried in superior court and carry heavier penalties, including potential federal prison time. Some offenses are "hybrid" - the Crown can choose to proceed either summarily or by indictment depending on the circumstances.

While you have the right to represent yourself, it is strongly discouraged. Criminal law is complex, and the consequences of conviction can be severe. Judges cannot provide legal advice, and Crown prosecutors are not required to help you understand the process. Even experienced lawyers hire other lawyers when they face criminal charges. The investment in legal representation is usually worthwhile given what's at stake.

Legal fees vary depending on the complexity of the case, the experience of the lawyer, and the amount of work required. We offer transparent fee structures and will discuss costs upfront during your consultation. Factors affecting fees include: the type and severity of charges, whether the case goes to trial, the amount of preparation required, and court appearances needed. We offer various payment options and will work with you to find an arrangement that fits your situation.

Yes, we understand that legal fees can be a significant expense. We offer flexible payment arrangements including payment plans, and we'll work with you to find a solution that fits your financial situation. We believe that everyone deserves quality legal representation regardless of their financial circumstances.

A retainer is an upfront payment that secures our legal services and covers initial work on your case. The retainer is held in trust and fees are drawn from it as work is completed. Any unused portion is refunded to you at the end of the case. The amount of the retainer depends on the complexity of your case and the anticipated work required.

There may be additional costs such as court filing fees, expert witness fees, investigation costs, or transcript fees. We will discuss any potential additional costs with you upfront so there are no surprises. We always seek your approval before incurring significant additional expenses.

Legal aid may be available for serious charges if you meet the financial eligibility requirements. We can help you apply for legal aid and will work with Legal Aid Ontario when appropriate. Even if you don't qualify for full legal aid, you may be eligible for duty counsel services for certain court appearances.

Your first court appearance is typically an arraignment where you will be formally read the charges against you and asked to enter a plea. If you have a lawyer, they will usually enter a plea of not guilty to preserve your options. The court will also address bail conditions if you were released on bail. This appearance is usually brief, and most of the substantive work happens at later court dates. Your lawyer will guide you through what to expect and how to prepare.

The timeline varies significantly depending on the complexity of the case and whether it goes to trial. Simple cases might resolve in a few months, while complex cases can take a year or more. Factors affecting timeline include: the court's schedule, the time needed for disclosure review, pre-trial motions, and whether the case is resolved through negotiation or goes to trial. Your lawyer will provide a more specific timeline based on your particular case.

Disclosure is the evidence that the Crown prosecutor must provide to the defense, including police reports, witness statements, photographs, video recordings, and other evidence they intend to use at trial. Reviewing disclosure is crucial for preparing your defense. The Crown has an ongoing obligation to provide disclosure, and sometimes additional evidence becomes available throughout the case.

No, you have the right to remain silent and are not required to testify. The Crown must prove their case without your testimony. However, in some situations, testifying may be beneficial to your defense. This is a strategic decision that should be made in consultation with your lawyer after careful consideration of all factors.

Missing a court date can result in a warrant being issued for your arrest and additional charges for failing to appear. If you cannot attend court due to illness or emergency, contact your lawyer immediately. The court may be willing to adjourn the matter if proper notice is given and valid reasons are provided.

Bail is the temporary release of an accused person while awaiting trial. In Canada, there is a presumption in favor of release, meaning you should generally be released unless there are compelling reasons to detain you. The court considers factors such as: whether you will attend court as required, whether you pose a danger to the public, and whether your detention is necessary to maintain confidence in the justice system. Bail conditions may include reporting to police, curfews, no-contact orders, or other restrictions.

Bail doesn't always require money. The court may release you on your own recognizance (promise to appear) or with a surety (someone who promises to supervise you). If money is required, it may be possible to arrange for a smaller amount or find someone to act as surety. Your lawyer can argue for release conditions that are reasonable and achievable given your circumstances.

Breaching bail conditions is a serious matter that can result in additional criminal charges and detention until trial. If you're having difficulty complying with your conditions, contact your lawyer immediately. It may be possible to vary the conditions through a court application rather than risk a breach charge.

Yes, bail conditions can be varied through a court application if circumstances change or if the original conditions are too restrictive. Common reasons for varying bail include changes in living arrangements, employment requirements, or family circumstances. Your lawyer can help you apply to vary conditions that are causing undue hardship.

Yes, most criminal convictions result in a criminal record. However, there are some exceptions such as absolute discharges, and some convictions may be eligible for record suspension (formerly called pardons) after a waiting period. Your lawyer can explain the specific consequences of conviction for your charges and explore options to minimize the impact on your record.

A discharge is a finding of guilt without a conviction being registered. An absolute discharge means no conviction is recorded and no conditions are imposed. A conditional discharge means no conviction is recorded if you successfully complete probation conditions. Discharges are only available for less serious offenses and when it's in your best interest and not contrary to the public interest.

A criminal record can affect employment opportunities, travel (especially to the United States), immigration status, volunteer opportunities, professional licensing, and other aspects of your life. The impact varies depending on the nature of the conviction and your personal circumstances. This is why it's important to fight charges or negotiate the best possible outcome.

A criminal record can make you inadmissible to the United States. Even minor convictions can result in being turned away at the border. However, there are options such as applying for a U.S. Entry Waiver that may allow travel. The rules are complex and depend on the specific nature of your conviction.

First-time impaired driving charges typically result in a minimum fine of $1,000, a one-year driving prohibition, and a criminal record. However, there may be defenses available, and in some cases, it may be possible to negotiate reduced charges or alternative resolutions. Early intervention by an experienced lawyer is crucial for the best possible outcome.

Domestic violence includes any criminal offense committed against a current or former intimate partner or family member. These cases are prosecuted aggressively, often even if the complainant doesn't want to proceed. Special bail conditions typically include no-contact orders and restrictions on attending the family home. These cases require careful handling due to their sensitive nature and serious consequences.

Drug possession penalties vary depending on the type and amount of drug involved. Simple possession of small amounts may result in fines or discharge, while possession of larger amounts or trafficking charges carry more serious penalties. There may be Charter defenses available based on how the drugs were discovered, and alternative measures such as drug treatment court may be available in some cases.

Assault is the intentional application of force or threat of force against another person without consent. Simple assault is usually prosecuted as a summary offense with penalties including fines, probation, and potential jail time. Aggravated assault or assault with a weapon are more serious charges with heavier penalties. Self-defense may be available as a defense depending on the circumstances.