Posner Craig Stein LLP receives many questions from individuals facing criminal investigations, charges, or regulatory matters in Toronto and across Ontario. Below are answers to some of the most common inquiries. These provide general guidance only; every case is unique, and early consultation with an experienced criminal defence lawyer remains essential for personalized advice.
1. When should I contact a criminal defence lawyer in Toronto?
Contact a criminal defence lawyer as soon as you suspect you may be under investigation or after being charged. Early involvement allows you to understand your Charter rights, avoid self-incriminating statements, and begin building a strategic defence. In Toronto’s busy courts, delays can limit options for bail, evidence preservation, or negotiated resolutions.
2. What should I do if I am arrested in Toronto?
Exercise your right to remain silent and request to speak with a lawyer immediately. Do not provide statements or explanations to police without legal counsel present. Police must inform you of your rights under the Canadian Charter of Rights and Freedoms, including the right to counsel. A Toronto criminal defence lawyer can advise on next steps, including bail considerations.
3. Do I need a lawyer if I have been charged with a criminal offence in Ontario?
Yes. Criminal charges, even seemingly minor ones, can lead to fines, probation, jail time, criminal records, or long-term consequences like travel restrictions and employment barriers. A skilled criminal defence lawyer reviews evidence, identifies Charter breaches, negotiates with the Crown, and represents you at trial or appeal if needed.
4. What happens after someone is charged with a criminal offence in Ontario?
The process typically includes: arrest or summons, bail hearing (if in custody), disclosure of evidence from the Crown, first appearance, pre-trial conferences, potential resolution discussions, and trial if no plea agreement is reached. Timelines vary by case complexity and court backlog in Toronto.
5. What is a bail hearing in a criminal case?
A bail hearing (judicial interim release) determines whether you can be released from custody pending trial. The Crown may oppose release based on flight risk, public safety, or evidence strength. A criminal defence lawyer presents your release plan, sureties, conditions, and arguments to secure bail.
6. How long does a criminal case usually take in Ontario?
Timelines range from months to several years, depending on charge severity, evidence volume, court schedules, and whether the matter proceeds to trial. Summary conviction matters often resolve faster than indictable offences. Toronto courts face ongoing delays, though recent efforts aim to reduce backlogs.
7. What rights do I have if I am questioned by police in Toronto?
Under the Charter, you have the right to remain silent, the right to retain and instruct counsel without delay, and protection against unreasonable search and seizure. Police must caution you and provide reasonable access to a lawyer before questioning.
8. Can I speak to the police before contacting a lawyer?
You have the right to consult a lawyer first. Many choose not to provide statements without advice, as anything said can be used in evidence.
9. What is disclosure in a criminal case?
Disclosure is the evidence the Crown must provide to the defence, including police notes, witness statements, videos, forensic reports, and other materials. Full disclosure is a Charter right and essential for preparing an effective defence.
10. What is the criminal court process in Toronto?
It generally involves: charge laying, bail, disclosure, judicial pre-trials, resolution offers, preliminary inquiries (for some indictable offences), trial, and sentencing if convicted. Appeals follow if grounds exist.
11. What is the difference between a summary offence and an indictable offence?
Summary offences are less serious (e.g., minor theft), with maximum penalties usually 2 years less a day and faster procedures. Indictable offences (e.g., robbery, assault causing bodily harm) carry higher penalties and offer election options.
12. What happens if I miss a court date in Toronto?
Missing a court appearance can result in a bench warrant for your arrest and possible forfeiture of bail. Contact your lawyer immediately to address the issue.
13. Can criminal charges be withdrawn in Ontario?
Yes, the Crown may withdraw charges if evidence is insufficient or public interest factors apply. A defence lawyer can advocate for withdrawal through negotiations.
14. What is a criminal trial?
A criminal trial is a process used to determine whether an accused person is guilty. The Crown must prove the case beyond a reasonable doubt using evidence and witness testimony. The defence has the opportunity to challenge the Crown’s case and may also present its own evidence.
15. What does “beyond a reasonable doubt” mean?
This is Canada’s highest standard of proof. The judge or jury must be morally certain of guilt; any reasonable doubt leads to acquittal.
16. What happens if someone is found not guilty?
The accused is acquitted, charges are dismissed, and they regain full legal standing without a criminal record for that matter.
17. What happens if someone is found guilty of a criminal offence?
A sentencing hearing follows, where the court considers aggravating/mitigating factors, victim impact, and precedents to impose penalties (fine, probation, jail, conditional sentence).
18. What is an appeal in a criminal case?
An appeal challenges a trial decision in a higher court, seeking to overturn conviction, reduce sentence, or order a new trial based on legal errors.
19. When can a criminal conviction be appealed?
Appeals are possible on questions of law, mixed fact and law (with leave), or fresh evidence. Strict deadlines apply (usually 30 days).
20. What is the role of the Court of Appeal in criminal cases?
The Court of Appeal for Ontario reviews trial decisions for legal errors, unreasonable verdicts, or fitness of sentence, with the potential to affirm, reverse, or remit the case.
21. What happens during a criminal investigation in Toronto?
Police gather evidence through interviews, searches, surveillance, and forensics. You may be questioned or arrested. Early legal advice helps protect rights.
22. Should I contact a lawyer if I am under investigation but not yet charged?
Yes. Pre-charge representation can influence investigation direction, prevent charges, or prepare defences early.
23. What should I bring to my first meeting with a criminal defence lawyer?
Bring court documents, release papers, police notices, disclosure if received, and any correspondence. Details about the incident help.
24. Is my conversation with a lawyer confidential?
Yes, solicitor-client privilege protects communications, ensuring confidentiality except in rare exceptions.
25. Can criminal allegations affect employment opportunities in Ontario?
Yes, charges or convictions may impact jobs requiring background checks, licensing, or security clearance. Early resolution or record suspension options can mitigate effects.
If your question isn’t addressed here or you face a specific situation, contact Posner Craig Stein LLP for a confidential consultation with a criminal lawyer Toronto.
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