Frequently Asked Questions (FAQs) About Criminal Law

Facing arrest can be overwhelming. Remain silent, politely decline answering questions, and request a lawyer immediately. You have the right to both, and this protects your interests best. Find lawyer contact information or ask the arresting officer to assist. Remember, cooperation is key, but do not consent to anything or answer questions without legal counsel.

Understanding your rights is crucial. In Canada, the Charter of Rights and Freedoms grants you the right to remain silent and to legal counsel. Politely exercise these rights. Don’t feel pressured to answer questions or explain yourself – let your lawyer handle communication with the police.

Being charged triggers a complex process. Each case is unique, and the specific steps depend on the charges and your circumstances. Consulting a lawyer is vital to understand your options and navigate the legal system effectively. They can explain the charges, potential outcomes, and guide you through each stage.

Canadian law categorizes offences as summary (less serious) or indictable (more serious). Summary offences have simpler procedures and lighter penalties, while indictable offences involve more complex procedures and potentially harsher consequences. Understanding this distinction is important for knowing the potential ramifications of charges.

Bail is a pre-trial release mechanism with specific conditions. Eligibility and terms depend on various factors like the severity of charges, potential flight risk, and community ties. A lawyer can advise you on your bail options and guide you through the process of applying for and securing release.

A defence lawyer safeguards your rights and interests throughout the legal proceedings. They advise you on the charges, negotiate with the prosecution, represent you in court, and ensure your legal rights are upheld. Their expertise proves invaluable in navigating the complexities of the criminal justice system.

Various defence strategies exist in criminal cases, depending on the circumstances. Common defences include alibi, mistaken identity, self-defence, and entrapment. A lawyer can assess your case, determine the most suitable defence approach, and build a strong case in your favor.

Guilty verdicts carry varying consequences depending on the offence severity and criminal history. Potential outcomes include fines, probation, community service, or imprisonment. A lawyer can explain the sentencing options, advocate for reduced charges or lenient sentences, and represent you effectively during the sentencing process.

Under specific circumstances, you have the right to appeal a conviction or sentence. Specific deadlines and procedures apply, and consulting a lawyer is crucial to determine your eligibility, navigate the appeals process, and maximize your chances of success.

Depending on the offence and time elapsed, you may be eligible to have your criminal record sealed or destroyed (expungement). Specific criteria and procedures apply, and legal advice is essential to understand your options and explore the possibility of record expungement.