Frequently Asked Questions
What should I do before meeting with my lawyer?
Before you go to see a lawyer, it is important to have all the facts of the events that occurred. It is important that you remember details, even if it means writing or typing it down. Furthermore, you should bring any documentation that you have been given as a result of your charges. It is also a good idea to write or type anything that may be concerning or worrying you about your existing situation. That way you can discuss those directly with the lawyer during your visit. If you have any questions or concerns you should feel free to call the lawyer's office before your meeting and see if there is anything in particular that they would recommend you bring.
What if I wish to plead guilty?
Pleading guilty is something you definitely have the right to do. However, there are both pros and cons to pleading guilty. A plea of guilty may be a mitigating factor in sentencing, since it shows you are aware of your actions and are accepting responsibility. However, there may be a number of other circumstances that should be taken into account in sentencing and those are things that you should discuss with a lawyer. In addition it is important to remember that pleading guilty will often give you a criminal record. That is also something that should be discussed with a lawyer before the decision is made.
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Can I plead "not guilty" to a crime even if I committed it?
Yes, you have every right to plead not guilty, regardless of circumstances. When you are charged with a crime, your innocence is presumed. It is the responsibility (onus) of the Crown to prove your guilt beyond a reasonable doubt. However, during the process, there may have been violations of rights of the accused, as granted by the Charter of Rights and Freedoms. If this is the case, there are remedies in the Charter which in some cases may result in evidence being excluded, or one or more charges being stayed. This should be discussed with your lawyer.
Is there any way to get assistance in paying lawyer fees?
One possible way is to apply for the Legal Aid Program in your Province. This is a program that will assist with, or pay entirely, the legal fees of a lawyer on behalf of their client. However, there are criteria which you must meet to be accepted by Legal Aid. Also there are a number of lawyers that do not accept Legal Aid. Therefore, it is a good idea to check with the law firm when you call to schedule your appointment to ensure that the firm accepts Legal Aid payments.
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I have been charged, does that mean I have a permanent criminal record.
If you are charged does not necessarily mean you have a criminal record. You will have no criminal record until you are found guilty of the charges. However, the outstanding charges will appear on your record until your case is settled in the courts.
I have been charged, when should I contact a lawyer?
It is important to contact a lawyer as soon as you possibly can. Ideally you should try to speak to a lawyer when you have been first arrested. In that case you may contact a lawyer you already know, or a phone book with options may be provided to you by the authorities. In addition, the authorities may have given you the option of calling a 24 hour duty counsel that is provided by the Province of Ontario. After your initial arrest you may contact a lawyer as well to represent you on the outstanding charges. That also may be a lawyer you already know, one you find through websites or in the phone book, or one that has been referred to you by someone that you know. It is always advisable to interview a number of lawyers so that you can feel confident that you have retained a lawyer that you feel is best suited to represent your needs.
Once you have found a lawyer it is better to confer with them regarding any situations that arise as well as any decisions you plan to make regarding your case. In any event, you should always contact a lawyer before you give any statements to the police or offer any police interviews.
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What is a breakdown of my legal fees?
Legal fees are calculated differently depending upon the lawyer. Some lawyers charge on an hourly basis, while others charge what are known as "block fees". These are fixed amounts that are based on the lawyer's reputation, their experience, and the time a lawyer will spend dealing with your matter. Furthermore, lawyers also charge "disbursement fees", which are simply any expenses the lawyer has incurred while dealing with your case. Usually, a lawyer will let you know about their fees and whether or not you agree with them before they start any work on your case.
How long will it take to resolve my matter?
There is no way to know exactly how long it will take to resolve your matter. There are a number of factors that can cause a matter to drag on for awhile, or cause the matter to get resolved fairly quickly. Once you have contacted a lawyer, he or she should be able to give you a better idea of an approximate length of time to resolve your case. In most cases, it can take six months or more to get a trial date.
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If I am not a citizen of Canada and I'm arrested, what are my rights?
Regardless of whether you are a citizen of Canada, a landed immigrant, or refugee, you are granted the same rights through the Canadian Charter of Right and Freedoms. Thus, regardless of your crime or nationality, an officer must follow appropriate procedures when making an arrest.
Must I get a lawyer to represent me if I have been charged with a crime?
No, it is not necessary to have a lawyer represent you in dealing with criminal charges, although it is highly advised you have one. You may choose to represent yourself in court, but a lawyer will have more knowledge and experience in the court system to provide greater help.
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I am under 18 and have been charged with a crime, what should I do?
First of all you should talk with your parents or guardian about the charges. They are required to be present or know about the charges on the first court appearance. It is recommended to contact a lawyer who is familiar with youth criminal law and youth court procedures.
I am under 18 and have been charged with a crime, what will happen if I am found guilty?
The answer to this question depends on the crime. Youth sentences differ widely from those of adults. Youth records disappear after the 5th year after a person has turned 18, provided that the person has not been in trouble with the law for 5 years. In the case of some minor offences, it may be possible to get diversion, which can result in the withdrawal of charges once something has been undertaken by the accused person, such as a charitable donation, letter of apology, or community service.
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Am I wasting my money hiring a lawyer if I'm guilty?
It is always a good idea to hire a lawyer to assist you and help protect your rights in court. We do offer a free initial consultation at which time you can explore all of your options, including whether or not hiring a lawyer is best for you.
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