Criminal Law

Being charged with an offence under the Criminal Code of Canada or an offence falling under a provincial statute such as the Wildlife Act, the Highway Traffic Act, or the Motorized Snow Vehicles and All-Terrain Vehicles Act can be intimidating. However, simply being charged with an offence does not amount to a conviction. You do not have a criminal record unless or until you are either convicted by a court or plead guilty. That is why it is very important to speak with a lawyer as soon as you are arrested or detained by the police. It is your right to do so.

You have a right under the Canadian Charter of Rights and Freedoms to contact counsel without delay upon being arrested for an offence. That is why it is very important to contact your lawyer right away as soon as you realize that you are about to be charged. No matter how large or small the alleged offence is, it is always best to call your lawyer right away.

In most cases you will be released after your arrest after signing an undertaking and promise to appear in Court. However, in some cases you will be detained by the police and held until you have a bail hearing (technically called judicial interim release). So, it is vital that you contact a lawyer right away as they will be able to assist you in obtaining bail should you be detained.

Once you have been charged you will have to appear in Court at an appointed time to deal with the charge - that is, enter a plea of guilty or not guilty. You should contact a lawyer well before your appearance date to give him or her an opportunity to speak with the Crown Prosecutor and review the evidence against you. Your lawyer will provide you with your options once they have reviewed your case.

In some cases, should you have a valid defence to the charge(s), your lawyer will recommend that you plead not guilty. A trial will then be held where the burden is on the Crown to prove your guilt beyond a reasonable doubt. Depending on the type of charge, you may have to elect which court you wish to be tried in, the Provincial Court or the Supreme Court. In some cases, you also have the right to a trial by jury. All of these are issues that you should discuss with your lawyer.

There are many reasons why you could be found not guilty at a trial. Sometimes, as mentioned above, the evidence against you may be excluded because your rights under the Charter of Rights and Freedoms were infringed. Sometimes, the witnesses who are testifying have conflicting versions of events. Sometimes, the Crown simply does not have sufficient evidence to prove your guilt beyond a reasonable doubt. Remember, you are innocent until proven guilty. The burden to prove your guilt is on the Crown. You do not have to prove your innocence.

It is also important that your lawyer be up front about the likelihood of a conviction. If the case against you is overwhelming and you have no valid defence, your lawyer may recommend a guilty plea. If that is the case, they may be able to arrange what is commonly referred to a "plea bargain" or joint submission with the Crown prosecutor. That is where you agree to plead guilty to certain charges and your sentence or punishment has been agreed to before hand between the Crown and the defence. In that case, the joint submission still has to be accepted by the Judge. Again, the details will be explained by your attorney beforehand.

So, as you can see, it can be a long journey through the court system from the time that you are charged with an offence until you are found not guilty, or found/plead guilty and is sentenced. That is why it is important to have a helping hand along the way in the form of an experienced criminal lawyer. He or she will ensure that your rights are upheld at each step of the process, dealing with the police, the Crown prosecutor, and finally the Judge.

The lawyers of Mills Pittman are very experienced in the area of criminal law are and willing and able to take on your case no matter how big or small the charge. From serious Criminal Code offences to traffic and regulatory offences, we can help. We also represent many young people who have been charged with offences under the Youth Criminal Justice Act. If you need to speak with someone in relation to any offence, please give us a call, make an appointment or simply drop by to see us.