Why do I need a Criminal Lawyer?

If police come knocking on your door to investigate a criminal offence it is only natural to have questions and concerns. It is not uncommon to be nervous, even intimidated, but it is important to remain calm. 

In Canada the presumption of innocence is the foundation of our criminal justice system and is enshrined in Section 11(d) of the Charter of Rights and Freedoms. Anyone accused of a crime must be proven guilty in a fair and public trial. 

The Charter also ensures we have other protections as well, including Section 11(a) which is the right to be informed of an offence without unreasonable delay, Section 11(c), the right to remain silent, and Section 10(b), the right to consult with a lawyer without delay and to be informed of that right.

If police are investigating you for a crime, it is important to ensure your right to remain silent and your right to counsel are respected at the outset. A criminal conviction can have serious consequences. You may face prison time, fines or probation. You will have a criminal record which could impact your ability to get a job or find housing. You could lose your right to travel internationally. It could also damage your reputation in the community.

Do you need to hire a criminal defence lawyer if you have been arrested? The short answer is no. Our justice system allows an accused person to defend themselves without legal representation. However, choosing to represent yourself in a criminal trial can be a serious mistake. The legal process can be intimidating and complex. There are rules and procedures you might not be aware of or don’t fully comprehend. Even missing small details can damage your defence.

The Crown prosecutor has the resources and experience to try cases, another reason why having a criminal defence lawyer in your corner is in your best interest. 

Trained to Interpret the Law

According to Criminal Code Help (CCH), the “primary reason for Canada’s criminal justice system is to protect society from those who violate the law and punish those found guilty of a crime.”

CCH notes the Criminal Code of Canada is at the heart of our system. The Code:

• defines the conduct constituting criminal offences;
• sets out the rules defining how people can be guilty of crimes;
• sets out defences that an accused can raise;
• establishes the punishment to be imposed upon conviction; and
• describes the procedures to be followed in an investigation and prosecution of an offence.

A criminal lawyer is trained to understand and interpret the law and is able to guide an accused through the legal process, starting with your arrest. Depending on the seriousness of the crime or your criminal record you may be held in custody until a bail hearing.

You have the right to have a timely bail hearing within 24 hours of your arrest or as soon as a justice is available. An experienced lawyer can fight for your release and help secure favourable bail conditions. Remember, violating the terms of your release can result in you being remanded in custody until your trial which is why it is so important to ensure those conditions are not too onerous. 

Upholding Your Charter Rights

For many people the only understanding they have about the law is what they see on television or in the movies. But our legal system is much more complicated and nuanced than that. For example, although you have a right to remain silent, it doesn’t stop investigators from continuing to ask questions and anything you say can be brought up in trial. 

Retaining a criminal defence lawyer early in the legal process can be advantageous in a number of ways. First, your lawyer will sit down with you and explain the charges you face and advise you how to proceed, what to say and what not to say.

You may know your basic rights, but an experienced lawyer with a thorough understanding of the Charter of Rights and Freedoms may be able to have evidence excluded or charges dismissed if your rights were infringed upon. Was evidence obtained illegally or withheld? Were you detained without reasonable and probable grounds? Have there been unreasonable delays in bringing you to trial?

A criminal defence lawyer can identify violations of your constitutional rights, challenge procedural errors and file Charter applications to exclude unlawfully obtained evidence. 

The Right to Disclosure

When building your case your lawyer will ensure they have all the necessary elements to effectively defend you, which includes disclosure.

“It is a fundamental element of the fair and proper operation of the Canadian criminal justice system that an accused person has the right to the disclosure of all relevant information in the possession or control of the Crown, with the exception of privileged information,” according to the Government of Canada.

The Supreme Court of Canada has ruled that the Crown “has a legal duty to disclose all relevant information to the defence” regardless of whether it plans to call that evidence at trial or whether it helps or hinders the prosecution’s case.

“The Crown has a legal duty to disclose all relevant information to the defence. The fruits of the investigation which are in its possession are not the property of the Crown for use in securing a conviction but the property of the public to be used to ensure that justice is done,” according to the unanimous ruling in R. v. Stinchcombe.

Disclosure not only allows you and your lawyer to make informed decisions about your defence but it ensures a fair trial and maintains the integrity of the justice system. An experienced lawyer is able to identify gaps in evidence that should have been provided in disclosure but wasn’t.

In the same vein, a knowledgeable criminal lawyer knows how to best gather and use evidence to support your case. This can be evidence you may not have considered but could be key to proving your innocence. As well, a knowledgeable lawyer has a better understanding on how to counter Crown witnesses and evidence. 

Understanding Your Legal Options

Going to trial is not always your only option if you have been charged with a criminal offence. 

After analyzing the case against you, your lawyer will explain what is likely to happen in court, what a conviction will mean and the penalty that can be imposed.

You might consider a plea bargain, which the Law Reform Commission of Canada defines as "any agreement by the accused to plead guilty in return for the promise of some benefit.”

Also known as a plea agreement, you could consider pleading guilty to a reduced charge, pleading guilty to one or more charges in exchange for dismissal of other charges or pleading guilty in exchange for a lighter penalty. Plea bargains are typically seen as a way to resolve cases more efficiently, saving valuable court time and resources.

It is important to note that the court does not have to accept the conditions of a plea bargain. As well, you cannot be forced to accept a plea arrangement. You can choose to go to trial.

At trial it is then the Crown’s responsibility to prove your guilt. The onus is not on you to prove your innocence. It is your lawyer’s job to raise doubts about the strength of the prosecution’s case. 

Strong Representation is Important

Facing a trial can be stressful, requiring a skilled litigator. If you represent yourself, you can make such mistakes as missing procedural deadlines, being unaware of the best available defences or making incriminating statements. You may not have the ability to effectively cross examine a Crown witness or you may fail to object to improper evidence.

An experienced criminal defence lawyer not only knows how the court system works but has a working relationship with the Crown prosecutors, which could be useful if you want to negotiate a potential plea bargain.

A lawyer can manage your expectations, provide emotional support and help minimize the potential consequences of a conviction by presenting mitigating factors on your behalf.

The criminal defence team at Cambria LLP will work diligently to ensure your rights are protected and secure the best possible outcome for your case.

We take time to understand your unique situation and tailor our approach to meet your needs. We will explain our strategy in clear, jargon-free language so you always know what to expect.