Retainer & Early Legal Representation
This is where the accused hires a lawyer, either through Legal Help or privately. There are a number of different payment options available when retaining a defence lawyer privately.
Arrest & Bail Hearing
If someone has been arrested and is not released by the police, the accused will be taken to court and must appear before a Justice of the Peace within 24 hours of their arrest.
At the bail hearing, a Justice of the Peace will decide if the accused can be released pending trial. It is important to have a lawyer represent the accused at all stages after arrest to maximize the chance of release under reasonable conditions.
First Court Appearance
The purpose of the First Court Appearance is more administrative in nature, which is to obtain disclosure and to indicate whether the accused has hired a lawyer. If a lawyer has been retained privately before the First Court Appearance, then that lawyer can often attend court without requiring the accused to be there.
Disclosure of Evidence
Disclosed is all of the evidence the Crown Attorney intends to use related to the charges the accused is facing, such as witness statements, photography, notes from the police, etc. This initial disclosure will usually also indicate what sentence the Crown is seeking, both on an early resolution and after trial.
These positions are often negotiable as a defence lawyer can often help to obtain a more favourable outcome than initially suggested by the Crown.
Preliminary Inquiry
For more serious charges, a preliminary inquiry may take place to determine if there’s enough evidence to proceed to trial. Your lawyer will help challenge weak evidence and protect your rights during this stage.
Trial & Sentencing
If your case goes to trial, your lawyer presents your defence, examines witnesses, and argues your case before the judge or jury. If convicted, your lawyer can advocate for a fair and reasonable sentence.
Appeals Process
If you believe an error occurred during your trial or sentencing, your lawyer can advise on filing an appeal and guide you through the process to seek a review of your case.
Your Rights Under the Canadian Charter
When facing criminal charges, you need to know the rights guaranteed to you under the Canadian Charter of Rights and Freedoms. These rights help ensure a fair and just legal process:
Section 7: Right to Life, Liberty, and Security of the Person
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Section 8: Protection from Unreasonable Search and Seizure
Everyone has the right to be secure against unreasonable search or seizure.
Section 9: Right Against Arbitrary Detention or Imprisonment
Everyone has the right not to be arbitrarily detained or imprisoned.
Section 10: Rights on Arrest or Detention
Everyone has the right on arrest or detention
- to be informed promptly of the reasons therefor;
- to retain and instruct counsel without delay and to be informed of that right; and
- to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
Section 11: Proceedings in Criminal and Penal Matters
Any person charged with an offence has the right
- to be informed without unreasonable delay of the specific offence;
- to be tried within a reasonable time;
- not to be compelled to be a witness in proceedings against that person in respect of the offence;
- to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
- not to be denied reasonable bail without just cause;
- except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
- not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;
- if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
- if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
Knowing these rights helps you protect yourself, make informed decisions, and ensure that your legal process is fair. A knowledgeable lawyer can guide you in asserting these rights effectively.
Bail Hearings
If you’re arrested, having a lawyer present at your bail hearing can increase the likelihood of release under reasonable conditions. For example, a skilled lawyer can present arguments, gather supporting evidence, and negotiate conditions that allow you to return home rather than remain in custody.
Disclosure Negotiations
Early representation ensures that your lawyer can review the Crown’s evidence carefully and identify weaknesses. This can lead to more favourable plea negotiations or even withdrawal of certain charges, which might not be possible if you wait too long.
Trial Strategy
The earlier a lawyer is involved, the more time there is to build a strong defence. From gathering witness statements to analyzing evidence, early preparation often changes the direction of a case and can improve the chances of a successful outcome at trial.
Weapons Trafficking
Charges related to weapons trafficking carry significant legal consequences. Our lawyers carefully review the evidence, challenge improper procedures, and develop strategies to minimize risks and protect your future.
Do I need a lawyer if I’m charged with a crime in Canada?
While you have the right to represent yourself, hiring a criminal defence lawyer early can protect your rights, guide you through the legal process, and increase your chances of a favourable outcome.
What happens after I’m arrested?
After an arrest, you may be taken to a police station for questioning and then brought before a Justice of the Peace within 24 hours for a bail hearing. A lawyer can help ensure your rights are protected during this stage.
What is disclosure, and why is it important?
Disclosure is when the Crown provides all the evidence they plan to use against you. Reviewing this information early with a lawyer helps identify weaknesses in the case and can lead to better plea negotiations or a stronger trial defence.
What are my rights under the Canadian Charter of Rights and Freedoms?
As an accused person, you have rights such as the presumption of innocence, the right to a fair and timely trial, protection from unreasonable search and seizure, and the right to legal counsel upon arrest or detention.
Can charges be resolved before going to trial?
Yes. Many cases are resolved through plea agreements, withdrawals, or alternative resolutions before trial. Early legal representation often increases the chances of reaching a favourable resolution without a lengthy court process.
Regardless of your current situation in the criminal justice system, it is vital to acquire a criminal defence lawyer as soon as possible.
At GSP Law, we are devoted to exploiting all accessible paths of defence to obtain the most desirable outcome possible for our customers.
Our experienced and client-centric team of legal experts specializes in criminal law. We are committed to providing effective representation for individuals facing a variety of offences.
