With Ontario criminal charges, your case doesn’t always go to trial where a judge or jury would decide if you are guilty or not guilty. The best possible outcome for a person facing a criminal charge is to convince the Crown Attorney to withdraw the charge as...
FAQ
General FAQ
Not sure how to proceed after an arrest? Wondering how to choose a lawyer for your case? Search or browse our frequently asked questions for more information, or contact us if you do not see your question answered here.
FAQs By Category
What is a Criminal Charge and why do I have one?
A Criminal charge is a way for the court to formalize allegations against you that they have reason to believe that you committed a crime listed in the Criminal Code of Canada. This is the way a court proceeding usually begins. When you have a criminal charge, the...
Will a teenager who has been accused of a criminal offence need a lawyer?
Contrary to popular belief, a minor’s criminal findings of guilt will stay with that minor until he has passed a specified “Non-disclosure period” without any other offenses. A young person’s records do not simply disappear once that youth turns 18. This may be a...
What is a Criminal Record?
A Criminal Record is a list of convictions for each and every person who has already been convicted due to criminal offences they have committed. It does not contain a list of those who have been formally discharged by court. Conditional charges are also kept in the...
Is it possible to get a copy of an accused person’s criminal record?
There are steps an accused person could perform in order to obtain a criminal record. You can seek the counsel of your lawyer to get an idea of what the process could be like.
What is a bail hearing?
After the arrest of an accused person, the police may hold the accused for what is called a bail hearing or a show cause hearing. This hearing leaves the Court to determine if the accused person could be released before the trial. They will base their decision on the...
Isn’t it better to just plead guilty and not spend so much time and effort in court?
No! Think of the possible consequences of getting a criminal record. It will affect your professional life and, if you ever have to find work again, not a lot of companies will accept ex-convicts as employees. Your relationships will also be greatly affected,...
What are my rights in the face of criminal charges in Ontario?
Under the Canadian Charter of Rights, you are entitled to the following: Right to Silence This is guaranteed by section 7 of the Charter of Rights. It basically means that any person can either speak or remain silent, according to his proper judgment and that a person...
Can an accused person still be released after being arrested?
After an accused person is held in custody for a criminal charge, they can still be released from the police station as long as they are given a document. Most of the time, this is the “Promise to Appear,” and it will contain the time, date, and place of the person’s...
Can I discuss my case with my family?
If you are an alleged suspect in a criminal case, it is not a good idea to disclose pertinent details regarding your case even to family members and close friends. They may only be utilized by the police for their case against you, and they may even use them as...
Before I first meet my lawyer, what are the things that I will need to furnish for him?
It is important that your lawyer knows everything that’s going on in this case. Therefore, you should give your lawyer all pertinent documents and papers that can be relevant as evidence in your case. If you know any possible witnesses, it is always best to make a...
Is it considered obstruction if a person refuses to provide identification or provides false identification?
Yes, providing a false name, false identification, or lying to the police about the cirumstances of a crime is considered obstructing a peace officer or obstruction of justice. This however does depend on the specific circumstances surrounding the interaction,...
Is it possible to alter existing bail conditions after being released from custody?
As long as there is a valid reason, such as driving in order to get to work, you should be able to alter the agreed-upon bail conditions with the Crown consenting to the change. For example, you were released from custody with the condition of a driving curfew, but...
What are my rights as protected by the law?
Every person has rights that are guaranteed by the Canadian Charter of Rights and Freedoms, which limits what can be done against persons, even alleged criminal offenders. This should be considered as a guideline for you to make sure that you are receiving fair and...
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