WHY HIRE A CRIMINAL DEFENCE LAWYER?
Below are the stages of a matter moving through the criminal justice system in broad strokes. It will not provide for all variations or details in the process, but it will provide a basic framework for understanding how a lawyer can assist you through this process, as elaborated further below.
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4. Your first appearance in court. You will be provided disclosure early on and directed to schedule a "CPT".
5. A Crown pre-trial (CPT) is held.
6. A judicial pre-trial may be held.
7. A resolution or plea date, trial date or preliminary hearing date is set.
8. Depending on the outcome of any of the previously mentioned matters, you either move on to another court procedure, you no longer face criminal charges or you are sentenced for one or more of charges you faced.
5. A Crown pre-trial (CPT) is held.
6. A judicial pre-trial may be held.
7. A resolution or plea date, trial date or preliminary hearing date is set.
8. Depending on the outcome of any of the previously mentioned matters, you either move on to another court procedure, you no longer face criminal charges or you are sentenced for one or more of charges you faced.
Protect Your RightsAt each stage of the process, you have rights that need to be protected. Without that knowledge, they are of little use to you. For example, most people have heard of the "right to silence" upon arrest, but how do you exercise that right?
What about your other constitutionally protected rights? Do you know what rights you have under the Criminal Code? How about related statues? Do you know your procedural rights? Are you familiar with the terminology used in court? Do you know what a CPT, a JPT, or a remand date is? Do you know what additional disclosure should be requested after initial disclosure has been provided to you? A lawyer can help you navigate the criminal justice system, advise you of your salient rights and how they should be exercised at each stage of the proceedings. |
Preserve EvidencePeople are familiar with the role played by the police and the government at the scene of a crime and during a criminal investigation. They gather evidence. They analyze, or send it for analysis, and preserve it.
If you've been accused of a crime, you also need to be gathering evidence and you need to be doing it early on. As time passes, evidence deteriorates, and some might even be destroyed. Memories of witnesses fade. Some people are unwilling or uninterested in coming to court. Do you know how to compel a witness crucial for your defence to attend court? A lawyer can instruct and help you take immediate steps to ensure the evidence you need for your defence is protected and preserved. |
Prevent Undue HardshipThe prosecution in the criminal justice system is a well-oiled machine. The Crown Attorneys, the police, and the experts they consult with are extensive, well trained and well educated.
Do you know when the police are required to bring you to court for a bail hearing? Do you know if it's more advantageous for you to set a preliminary hearing or a trial date for your charges? Making the right decisions right away is critical. For instance, it is easier to abstain from any admission to the police than to keep that statement out of court later on. Consulting with a lawyer BEFORE you speak to the police can make the difference between a "not guilty" or a prison sentence months or years down the road. Why risk what you can't afford to lose? |