Criminal Defence

Q: Should I talk to the police?

A: It's often in your best interests to avoid making a statement or signing anything. If the police are investigating you, you may or may not be aware of it. At some point, they may ask you to come into the station and give a statement. Instead of talking to the police, hire a criminal defense lawyer. A lawyer can intercede on your behalf, talk to detectives, and get valuable information that may result in charges not being filed.

Most importantly, a lawyer can answer your criminal law questions and prevent you from giving a statement that the crown may ultimately use against you at trial.

Q: What should I do if I have been arrested?

A: People are often very shaken up after an arrest and get themselves into trouble this way. Just remain calm as much as is possible, insist on calling a lawyer and under no circumstances answer any questions. The police will do whatever they can to induce you into making a statement that might be contrary to your interests. No matter what they say or what they promise you do not answer any questions and ask to call a family member or a lawyer.

Q: What should I do if the police are knocking on my door?

A: Unless they have a warrant or there are exigent circumstances, you do not have to let them in. You do not even have to answer the door. If they say they have a warrant ask them to hold it up to the door or to slip it under the door. The police may break down the door if exigent circumstances exist such as danger of fleeing, hiding someone or some other emergency that would make the getting of a warrant impractical. If they leave a card, immediately call a lawyer. A lawyer can speak to the police to find out what it is that they want.

Q: Why do I need a lawyer?

A: If you have been arrested for a crime, it is crucial that you have a skilled defence lawyer fighting for you. Any crime conviction may result in prison or jail time, probation, steep fines, and other penalties. Do you want to face this without someone who knows the system working for you? It is in your best interests to have a qualified defence lawyer from the outset of the case to protect yourself.

Q: How quickly can my case be resolved?

A: There is no simple answer to this criminal law question, since every case is different. Time frames can differ depending on the details of each case. The court’s scheduling also plays a role in how long it takes for a matter to be resolved. We always work towards having your case resolved as quickly as possible.

Q: How much is this really going to cost?

A: The cost of the retainer will be based upon the nature of the case and how much time counsel will need to prepare for trial and attend court.

Until we have had a chance to review disclosure from the Crown as to the police investigation, it is impossible just to say how short or long a period of time is necessary to prepare your defence, to set a trial date and to conduct your trial.

Q: What happens on the first court date listed in my Appearance?

A: On your first appearance in court, you will receive disclosure from the Crown which summarizes the police investigation. You will be asked if you intend to retain Counsel, and you will be given the opportunity to review the disclosure prior to taking any decisions with regards to your case. Normally, your case will be adjourned for a week or two to permit this to happen. If you need a longer period of time in which to retain Counsel, you can ask the Court for more time on your second appearance.

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