Yes. In fact, the Canadian Charter of Rights and Freedoms guarantees every individual facing criminal offense the right to defend themselves and engage criminal lawyers to help them.

Explaining the fee structure for hiring a criminal defense lawyer in Toronto:

Every case is different. Determining the cost of defending a case will depend upon a number of factors including the nature of the criminal law problem to be solved, its complexity, and the legal objectives sought to be accomplished.

Sadro Law Group will normally discuss his fees at the end of the first client meeting after he has assessed the type of criminal problem facing his client and understood the complexity of the work involved. The fees and services are always clearly set out in writing, and Sadro Law Group generally bills on a block-fee basis, not hourly.

Most of Sadro Law Group’s clients prefer block-fee billing as it provides a degree of certainty about their legal expenses from the outset of their case.

Block-fee billing also allows Sadro Law Group’s clients to rest easier knowing they can consult with him without the added cost and without fear that their matter may be unduly prolonged in court at their expense.

With a block-fee bill, it is in both the client’s interest and the lawyer’s interest to address the criminal matter as quickly and efficiently as possible.

Sadro Law Group accepts Visa, MasterCard, Interac, Certified Cheque or Money Order.

Not showing up for your court date is a serious matter that can result in a bench warrant and your arrest. In addition, you can get new charges because you failed to appear in court. 

Sometimes, the court will expect you to show up on your next court date issuing a discretionary bench warrant, in which case, the police will not be looking for you. However, your absence from your next court date will result in your arrest.

Upon missing your first court date, without delay, retain a criminal attorney to find out if there is a chance to cancel the warrant before the police find you or if you must turn yourself in.

Emergencies, such as a car accident, the death of a close family member, or your grave health condition are some instances that can prevent you from appearing at your court date. If you really can’t make it, you must inform your criminal attorney, who can defend your absence and request a discretionary bench warrant.

Yes, you must follow your bail conditions. Failing to do so may result in your arrest with additional charges of breaching the bail conditions. You can be arrested if the police have reasonable grounds to believe that you failed to comply with your bail conditions. If your surety (the person who committed to supervising you while you are on bail) decides they no longer want to assume this role, it can also result in your arrest.

If you’ve been put under arrest, request to talk to a lawyer immediately and remain silent on questions regarding your bail conditions not been followed. Serving as a Toronto criminal defence lawyer, Sadro Law Group can help.

Assault charges can range from Simple Assault, such as pushing, grabbing, spitting, to Assault with a Weapon, Assault Causing Bodily Harm and Aggravated Assault in case of a person’s severe or life-threatening injuries. To fight these charges, you are advised to hire an assault lawyer to review your case and provide a defence strategy. Criminal lawyers at Sadro Law Group are here to listen and advise.

Generally, yes, they can search your home or business, but it depends on the circumstances. The police can proceed with the search if they have a search warrant. If they have reasonable grounds to believe that criminal evidence will be removed while waiting for a search warrant, they can still go through your home or place of business without one.

The police can also proceed with their search if you allow them to. If the police ask you to give them Informed Consent, you have the right to refuse. To understand the consequences of saying Yes or saying No, consult a criminal attorney right away before giving any response.

The police don’t need a reason to ask you to take a Roadside Breath Test, and you must comply. If you fail to provide them with a breath sample and they have reasonable grounds to suspect impaired driving, they may ask for a Blood Sample. Again, you must comply. They may also ask for a Standardized Field Sobriety Test and take you down to the police station for a Breathalyzer Test if they suspect your ability to drive due to alcohol consumption within 3 hours of driving.

Depending on the results, you may be looking at a driver’s licence suspension or even jail time. Refusing to give a breath sample is also considered a criminal offence, adding to harsher punishment. Having a Toronto criminal defence lawyer in your corner when facing impaired driving charges is the right decision. Contact Sadro Law Group today.

Criminal Court Procedure

Generally, every person charged with a criminal offense in Canada will go through a similar court procedure. Outlined below are some of what you can expect to happen during the course of a criminal charge.

Frequently asked questions about what happens during the criminal court process:

• What happens at my first court appearance?

• Do I need a lawyer to attend my first appearance in court?

• What is a crown pre-trial/ resolution meeting?

• What is a judicial pre-trial?

• Should I plead guilty?

• Should I take my case to trial?

• Do I need a lawyer to assist me with my criminal case?

What happens at my first court appearance?

Your first appearance is NOT your trial. None of the witnesses or police officers involved in your case will be there. It is NOT an opportunity to tell the judge your side of the story. The central purpose of your first appearance in court will be to obtain the details of the allegations against you.

Any evidence the prosecutor intends to use against you at your trial MUST be disclosed to you in advance. This procedure is called obtaining “disclosure”. Your disclosure package may include, police or other witness statements, surveillance videos, photographs or any other type of evidence that relates to your case.

The prosecutor must disclose ALL relevant materials to you, regardless of whether they assist the prosecutor’s case or not. Evidence in the possession of the prosecutor or police that points towards your innocence must also be disclosed to you.

Obtaining full disclosure in your case is crucial as disclosure will tell your lawyer almost everything they need to know about the strength of the prosecutor’s case against you and how to best defend against the charges you are facing.

Quite often, disclosure will not be provided on your first appearance in court. If disclosure is not available, you (or your lawyer on your behalf) will have to return to court on another occasion to obtain it from the prosecutor in court. The nature and complexity of the allegations will usually dictate how quickly disclosure is provided. The more serious or complex a case is, the longer it usually takes to obtain full disclosure of the case.

Do I need a lawyer to attend my first appearance in court?

Prior to your first appearance, you can retain a lawyer to attend court with you or even to attend your court appearances on your behalf, depending on your agreement with your lawyer. Your lawyer is there to speak for you, so you don’t have to worry about saying the wrong thing. In most courthouses, the Crown Attorney will give priority to the cases where a lawyer is present in court PRIOR to dealing with any cases involving unrepresented accused persons. Many accused persons retain lawyers prior to their first appearance in court.

What is a crown pre-trial/ resolution meeting?

The pre-trial/resolution meeting between your lawyer and the Crown Attorney usually takes place over the telephone after disclosure has been received and reviewed by your counsel and the prosecutor.

Typically what is first discussed at this meeting is whether or not the prosecutor intends to proceed on the charges as laid. In some instances, it is possible for the lawyer to convince the prosecutor not to proceed with the case at all. In the event they wish to continue the prosecution, the prosecutor and defense lawyer may discuss whether the accused person will be pleading guilty or not guilty. A not guilty plea will likely result in a trial.

If the accused person intends on pleading guilty, the Crown will usually outline the charge or charges they require the accused to plead guilty to, the facts surrounding the allegations to be accepted as part of the guilty plea and what the appropriate sentence may be. The types of charges an accused will plead guilty to and the type of sentence they will receive are things lawyers commonly negotiate.

If the case will be heading to trial, the prosecutor and defense lawyer may discuss which witnesses are required for trial and may estimate the length of trial time required to hear the matter so an appropriate trial date can be obtained.

Depending on the complexity of the case, or whether or not defense counsel and the prosecutor can agree on the resolution position for a guilty plea, one of the parties may request a judge to become involved in the pre-trial discussions and act as a mediator. This meeting with the judge is referred to as a judicial pre-trial.

What is a judicial pre-trial?

In some cases, either the prosecutor or defense counsel may request the assistance of a judge during the pre-trial discussions. A judge may give their opinion on the merits of the case in an attempt to sway one side or the other towards a fair compromise. A judge may also give their opinion on an appropriate sentence in the event of a guilty plea or assist with estimating the duration of time required should the case go to trial. It is often a strategic decision to involve a judge in pre-trial discussions. Every case is fact-specific. After a judicial pre-trial is completed and assuming Crown counsel wishes to continue the prosecution, an accused person will have to make the decision to go to trial or to resolve their matter by way of a guilty plea. A judge’s opinion presented during a judicial pre-trial is not binding on the parties.

Should I plead guilty?

A guilty plea requires admitting the facts that form the basis of the charge or charges before the court. Before you decide to plead guilty, you should understand what the crown is seeking on a plea. Do they want to send you to jail? Are they seeking a permanent criminal record? You should also be aware of any potential consequences pleading guilty will have on your ability to travel abroad and the potential consequences a finding of guilt would have on your immigration status or future employment opportunities. A finding of guilty may also be used in other types of court proceedings such as civil or family law cases arising out of the criminal law matter. All too often, people plead guilty without understanding the full implications of their decision.

Once you have decided to plead guilty, a date is scheduled for the guilty plea to taking place. In some cases, the plea may take place before the judge who participated in the judicial pre-trial (if one has occurred) but this is not always the case, nor is it necessary. One of the most important aspects of a guilty plea is the sentencing hearing that occurs after the plea. In some cases, the prosecutor and defense counsel may jointly ask for the same sentence. In other cases, the prosecutor and defense counsel may disagree on the appropriate sentence resulting in both parties asking the judge for completely different sentencing outcomes. Ultimately, it is up to the judge to impose the appropriate sentence based on the specific facts of each case and the details of the offender being sentenced. In the event that an accused person does not wish to plead guilty, a trial date is scheduled.

Should I take my case to trial?

A criminal case has usually gone through several stages before a trial date is selected. This includes the evidence-gathering stage and the negotiation stage. A trial usually occurs several months (sometimes even a year or longer) after the offense was alleged to have occurred depending on the availability of the court, witnesses and lawyers involved in the matter.

At trial, the prosecutor will lead evidence from witnesses and other sources to demonstrate that you are guilty of the offenses before the court. Your defense lawyer will have an opportunity to question any witness called by the prosecution to undermine the evidence they are presenting. A defense lawyer may also try to prevent evidence from being heard in court on the basis that it was illegally obtained or unreliable. Once the Crown believes they have established proof of your guilt beyond a reasonable doubt, they will rest their case. At this point, you may choose to testify or call evidence on your own behalf to challenge the Crown’s case against you.

A decision to take a case to trial normally depends on the evidence presented against you, the potential consequences of losing a trial, and the evidence available for you to present in your own defense.

Do I need a lawyer to assist me with my criminal case?

Hiring a lawyer to work with you through the entire court process will ensure that you are properly represented at each and every stage of the proceedings. A lawyer is not just for someone who intends on having a trial. Your lawyer is there to ensure that your interests are always protected. This is crucial to ensuring a winning strategy and a positive outcome in your case regardless of whether or not your case goes to trial or not.

To review your criminal case, Sadro Law Group can be reached at 905-906-4357.

Knowing Your Legal Rights:

Whether or not you have been charged with a crime, it is important to know your legal rights, particularly when it comes to dealing with the police. The most important thing to remember is the right to remain silent and the right to retain and instruct counsel without delay. Remaining silent or asking to speak with a lawyer does not mean you are guilty. Even people wrongly accused of a crime require the help of a professional to guide them through the process and help them avoid the pitfalls of the criminal justice system.

If you are facing a criminal charge, or currently under investigation by police, you should consult with a criminal lawyer as soon as possible for advice on how to proceed. The following are a list of important rights and protections afforded to all Canadians:

• The right to remain silent:

• The right to retain and instruct counsel without delay upon detention or arrest:

• The right to be promptly informed of the reason for detention or arrest:

• The right to be secure against unreasonable search and seizure:

• The right to a trial in a reasonable amount of time:

• The right to be presumed innocent until proven guilty:

The right to remain silent:

While the police have a right to ask questions of anyone during their investigation, you are under no legal obligation to answer any of their questions. This applies not only to people under arrest but also to people under investigation and even to witnesses of a crime. The right to silence in Canadian law is a principle of fundamental justice constitutionally guaranteed by section 7 of the Charter of Rights and Freedoms. The purpose of this protection is to allow a person to make meaningful choices about whether to speak with the police or remain silent in the face of a criminal allegation. Anything said to the police may find its way before the court as evidence. The rules of evidence are such that statements favorable to the accused in a criminal trial rarely get before the court, but incriminating or ambiguous statements often end up as part of the evidence against the accused at trial. It is important to rely on the right to silence until you have met with a criminal lawyer to obtain the best legal advice you can find.

The right to retain and instruct counsel without delay upon detention or arrest:

If you talk to the police, then they will almost always be able to use what you say as evidence against you in court. Expressing your desire to speak with a lawyer upon detention or arrest legally obligates the police to refrain from asking you questions until they provide you with the opportunity to speak to any lawyer you choose. If you do not have a lawyer, then the police will have an obligation to provide you with a free “Legal Aid” lawyer for advice.

The right to counsel is one of the most important rights in Canadian criminal law because it guarantees that individuals can have the opportunity to have matters explained to them by an experienced criminal defense lawyer to ensure you understand what your rights are in the circumstances, and advise you on how to best defend the charges. After you have spoken with a lawyer, the police can continue to ask you questions and it will be up to you to decide whether or not you wish to answer them. Remember that anything you tell the police can be used in court to prosecute you or someone else.

The right to be promptly informed of the reason for detention or arrest:

If there are reasonable grounds to suspect a person is connected to a particular crime, the police may detain an individual for further investigation. Upon detention, The police must inform the detainee of the reasons they are being detained. An “investigative detention” must be brief as it is not an arrest. What all of this means is that the police are not allowed to stop a person on the street for no reason to question them. Detained individuals are under no obligation to answer any questions posed to them by the police.

Any person arrested by the police also has the right to be informed about all of the charges they are facing. A person under arrest also has no obligation to speak with the police.

The right to be secure against unreasonable search and seizure:

Everyone in Canada is guaranteed not to be subject to a search or seizure unless it is done in accordance with Canadian law. This means that we should be free from having the police search our houses, vehicles or our personal property without a good reason for doing so. The police need more than mere speculation or a hunch to search – they need lawful authority to do so. In the case of a home, the lawful authority usually comes in the form of a search warrant authorized by a judge which permits them to enter and search a specific place for a fixed period of time.

Unreasonable searches can also include a search that was conducted in an excessive or abusive manner. Examples include unjustified strip searches or the executing search warrants which result in excessive and unnecessary damage to one’s property.

If a search is “unreasonable”, a defendant can apply to the trial judge for a remedy. The usual remedy is to exclude at trial the evidence that flows from the violation of this right. A judge may also stay (dismiss) the charges on account of unreasonable police conduct.

The right to a trial in a reasonable amount of time:

Every criminal case has a potential expiry date. Depending on the type of charge, the complexity of the case and the speed in which it passed through the court system, a person may argue to the trial judge that the case took too long to prosecute and should be stayed as a result.

A stay (dismissal of the charge) for the unreasonable delay is a significant remedy granted by the judge and will only be given where it is clear that the accused person’s fair trial rights have been compromised by the excessive delay. Before granting a stay, the court will look at the reasons why the case took so long to come to trial in addition to examining how that length of time that has already passed has affected the accused person and their case. The right to a reasonable trial ensures that a person accused of a criminal charge will not unduly wait for an outcome to their criminal law matter.

The right to be presumed innocent until proven guilty:

The police and the prosecution bear the burden in the law of proving the crime alleged against you beyond a reasonable doubt. You are guilty only if you plead guilty, or if you are found guilty after a trial. A person charged with a crime is never asked to prove their innocence. If a judge has a reasonable doubt regarding your guilt (ie: you might not be guilty), you cannot be convicted because you are presumed innocent unless proven guilty beyond a reasonable doubt by the prosecutor.

How to Legally Change Bail Conditions:

This article examines how to change or modify your bail conditions for criminal charges in Toronto, Ontario. Those looking to change or modify a condition of their bail should consult a criminal lawyer. For information on the bail hearing process, read my article on understanding bail hearings.

Frequently asked questions about changing bail conditions:

• What is the easiest way to get a bail condition changed?

• How can I convince the prosecutor to change my bail?

• What if the prosecutor doesn’t agree with the proposed bail variation?

• Can anyone request a change of bail conditions in Superior Court?

• What is an error of law?

• What is a material change of circumstances?

• What is required to bring a bail review in Superior Court?

• How quickly can a bail review be heard in court?

• How much does a bail review cost?

Once bail is granted in court, the conditions set out in the recognizance of bail (bail document) are difficult to change without a great deal of time and effort exercised on the part of the lawyer.

In order to understand why this is so, one must understand how the bail system works in Canada.

For almost all offenses (except murder, treason and a few other of Canada’s most serious crimes), bail is granted in the provincial court by either a Judge or Justice of the Peace.

Once bail is granted (or denied), no other judge or a justice of the peace at the provincial court level can review that decision or the conditions of bail imposed by the original judge or justice. The only instance where a provincial court judge or justice can modify an existing bail condition is with the agreement of the Crown Attorney. Otherwise, an accused person must bring a formal application to review the bail conditions before a Judge in the Superior Court of Justice.

What is the easiest way to get a bail condition changed?

The easiest (and least expensive) way to get a bail condition changed is to convince a prosecutor to agree to the change without requiring a bail review hearing. This is also likely the quickest option available to someone looking to modify their bail.

However, prosecutors rarely modify or eliminate conditions imposed by a Judge or Justice without a good reason for doing so. If a curfew condition was imposed by a Judge, the prosecutor is unlikely to remove that condition without a compelling reason provided by the accused.

For example, a prosecutor may agree to allow an exception to a curfew or house arrest condition for a specific purpose such as attending work or school. They are unlikely to simply eliminate the condition altogether.

How can I convince the prosecutor to change my bail?

When requesting a change of bail from the prosecutor, having supporting documentation such as a travel itinerary for an upcoming vacation, proof of employment or proof of school registration are often essential tools to assist the prosecutor with making their decision. The better the documentation presented, the more likely a prosecutor will agree to modify the bail as requested.

What if the prosecutor doesn’t agree with the proposed bail variation?

If the prosecutor does not agree to change the conditions of bail, the only other remedy is to bring a bail review application before a Superior Court Judge.

Can anyone request a change of bail conditions in Superior Court?

It is not enough to simply want a bail condition changed before you can bring an application in Superior Court. An accused person must also show that the judge or justice who imposed the original bail conditions made either an error of law by imposing the conditions they did or that there has been a material change in the accused person’s circumstances to warrant the change of bail conditions.

What is an error of law?

An example of an error of law may be found where the judge at the original bail hearing imposed a condition limiting the accused person’s ability to travel by requiring them to deposit their passport with the police due to fears the accused would not show up for their trial where the evidence heard at the bail hearing would not support such an inference to be drawn.

What is a material change of circumstances?

An example of a material change of circumstances may be where an accused person seeks to relax strict bail conditions such as a curfew condition after certain serious charges against him, previously justifying the curfew were withdrawn.

What is required to bring a bail review in Superior Court?

Once an error of law or material change of circumstances exists, bringing an application to have a bail condition varied in Superior Court requires certain paperwork to be filed with the court before the application will be heard.

One of the items that must be filed with the application is a complete transcript of the original bail hearing so that the judge reviewing the bail conditions can see why a certain condition was imposed in the first place.

Typically this bail transcript takes one to two weeks from the date it is ordered before it is ready and costs $3.20 per page. A lengthy bail hearing may cost several hundred dollars to be transcribed.

Also required as part of the bail review application are affidavits (sworn statements) from both the accused person and anyone else who has agreed to supervise the accused person on bail (sureties).

After a date is affixed, the lawyer, along with the accused person and any other persons associated with the bail supervision plan (sureties) will be required to appear before the Judge in the Superior Court to establish why the original bail should be modified. This is often an all-day process.

How quickly can a bail review be heard in court?

Once the paperwork for the application is assembled, the Court requires at least two business days notice before the application can be argued before a judge.

After a date is affixed, the lawyer, along with the accused person and any other persons associated with the bail supervision plan (sureties) will be required to appear before the Judge in the Superior Court to establish why the original bail should be modified. This is often an all-day process.

How much does a bail review cost?

As you can see, a great deal of time, effort, and money may be expended in an attempt to vary a bail condition that the Crown Attorney will not otherwise agree to change. Sometimes, the costs associated with attempting to change a bail condition may cost as much, if not more, than the costs of defending the original criminal charge. Costs are assessed on a case-by-case basis and will be determined based on the complexity of the issues and the length of time required to prepare and argue the bail review application.

Contact Sadro Law Group at 905-906-4357 to arrange a consultation to determine whether or not you, or someone you know, maybe eligible for a bail review.

How do I choose the right lawyer for my case?

In addition to the obvious considerations such as price, office location, specialized expertise, and prior success, the most important consideration when choosing your legal counsel is whether you and your lawyer are able to get along and have a frank, respectful, and open discussion about your legal problem.

Being charged with a criminal offense can be very stressful. The criminal justice process may be quite lengthy and intimidating. Your criminal charges may cause you difficulties with your employment, ability to travel, immigration status, and personal relationships.

People charged with criminal offenses often feel that their whole life is put on hold. While it is important to have support from your family and friends whenever possible, having effective and open communication with your lawyer may provide a considerable degree of comfort when you are facing a criminal charge. The best lawyer for you will be someone you feel most comfortable working with and someone you feel can solve your criminal law problem both efficiently and effectively.

Criminal Court Terminology in Canada:

This article attempts to explain many of the terms commonly used throughout the Canadian criminal court system.

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Accused person:

The person who is charged with a criminal offense.

Acquittal:

An acquittal occurs when the accused person is found not guilty by a judge or jury.

Adjournment:

When the judge postpones the matter before the court to another date and time. The delay may be used to prepare a report, or to get a lawyer, or to prepare for trial.

Allegation:

A statement by a victim of what happened.

Appeal:

An appeal is a review by a higher court to determine the correctness of what happened at the trial and whether the trial was conducted fairly. Usually, appeals are based on the judge at the trial making a mistake in how he or she applied the law to the facts of the case. However, in some circumstances, an appeal can also be used to review whether the judge properly considered the evidence put forward at trial or whether the evidence was sufficient to support a conviction. Some appeals can also be argued on the basis of poor legal representation at trial. An appeal can be brought against a conviction or sentence.

Arrest:

An arrest is when the police take a person into their custody to charge them with a criminal offense. Not everyone charged with a criminal offense will be arrested. Depending on the circumstances, the police can give a person an appearance notice, a written notice of the charge that says when the person has to go to court or, the police can arrest the person and take him or her to the police station.

Bail Hearing:

A court hearing to determine if an accused person should be held in custody pending the resolution or trial of their criminal case.

CPIC:

CPIC is an acronym for the Canadian Police Information Center which manages a computerized database accessible to police officers throughout Canada. The database contains information about alleged offenses, personal characteristics of suspects, cautionary warnings (e.g. Violent), a list of prior convictions, and in some cases fingerprints. It is operated by the RCMP in Ottawa.

Disclosure:

Disclosure is the evidence gathered by the police with respect to an accused person’s case Disclosure is typically provided by the prosecutor in court and can include evidence such as police officer notes, statements from witnesses, photos or other relevant documents. Every accused person is entitled to have complete and timely disclosure of the case against him or her. This includes all materials, whether helpful or harmful to the accused person’s case, even if the Crown does not intend to use the materials at the trial of the accused person. This process of collecting disclosure is lengthy. It often takes months to obtain full disclosure in a criminal case. Reviewing disclosure is an essential component of defending a criminal charge.

Diversion:

Diversion is a method of resolving a case by having the accused person accept responsibility for his conduct and performing some community service, making a donation, attending counseling, writing a letter of apology, or some combination of those or other good deeds. Once the good work is done to the satisfaction of the crown the charge is typically withdrawn (dropped) by the prosecutor. A diversion is an excellent option for those looking to avoid criminal records.

Factum:

A “factum” is a fancy name for a document that briefly outlines the facts of a case and the legal arguments that are going to be made during the hearing. When raising complex legal arguments, the court requires that a full outline of all the arguments and the law that the parties are going to rely upon be prepared in advance of the hearing and filed with the court in written form.

Guilty Plea:

A plea of “guilty” means that the accused admits responsibility for the crime. There will not be a trial and the victim does not have to go to court.

Indictable Offence:

Criminal offenses are divided into two types, summary and indictable. Indictable offenses are the more serious kind and can result in harsher punishment than do summary offenses. They also entitle the accused to additional court procedures such as a preliminary inquiry and a jury trial.

Judicial pre-trial:

A Judicial pre-trial is an informal, off-the-record meeting involving the prosecutor, defense counsel, and a Judge. The accused person is not present during the judicial pre-trial. Similar to the Crown pre-trial, the participants typically discuss the anticipated duration of the trial and central issues to be dealt with at the trial. Resolution may also be discussed at the judicial pre-trial stage. Judges will often give recommendations to both sides about their respective cases, but these recommendations are not binding on the parties.

Peace Bonds:

A peace bond is an official promise made by the accused person to the Court to abide by certain conditions (similar to a bail recognizance). A peace bond is not a criminal record, nor is it an admission of criminal wrongdoing. However, the accused person agrees that in the circumstances of the case, the alleged complainant has reasonable grounds to fear for his or her safety.

Preliminary Hearing:

The purpose of a preliminary hearing is to see if the Crown has enough evidence to justify sending the case to trial. It also gives the accused and the defense lawyer a chance to hear the details of the case against the accused. If there is enough evidence presented by the Crown, the judge will send the accused to trial. If not, the charges will be dropped. Not every case has a preliminary hearing. Only cases prosecuted by way of the indictment where the accused or prosecutor requests a preliminary hearing will have such a hearing as part of the case.

Pre-trial meeting:

A pre-trial is an informal meeting between the prosecutor and defense counsel to discuss an accused person’s case. This meeting may be held in person or over the phone. The accused person does not attend the meeting unless they are unrepresented by a lawyer. Some of the issues that may be discussed at the pre-trial meeting include missing disclosure, length of time for the trial, and the potential resolution of the charges (i.e. guilty plea, withdrawal, or diversion). This is a necessary step in any criminal case and helps to focus the issues at trial.

Probation:

Probation can be imposed on a person who has been found guilty of a criminal offense. It is intended to be a rehabilitative rather than a punitive tool. This is accomplished by requiring the offender to comply with certain obligations such as counseling or restricting the offender’s ability to contact or communicate with the victim of the crime. Probation is supervised by a probation officer who will supervise the offender for the length of the probation term.

Prosecutor:

The lawyer who will present the evidence against the accused in court on behalf of the government. This person may also be called the Crown or the Crown Attorney.

Recognizance:

A person who is not released on an undertaking from the police station will be brought before a judge for a bail hearing. If a person is released after a bail hearing, they will be placed on a recognizance of bail requiring them to comply with conditions imposed on them by the judge.

Retainer Agreement:

The contract outlining the costs and terms of hiring a lawyer. A retainer agreement is usually signed when hiring a lawyer.

Retaining Counsel:

This refers to the process of hiring a lawyer to represent you by way of an agreed-upon fee and payment schedule.

Sentencing Hearing:

At the sentencing hearing, a judge will listen to the plea, and listen to the facts of the case. Next, the Crown prosecutor will read the facts of the case in court. The accused or his/her lawyer will have a chance to speak to the judge and if the facts are agreed to by the accused, the judge will find the accused guilty. The Judge will then decide what the punishment will be after hearing from both the accused and the prosecutor. This is called a sentence.

Subpoena:

A subpoena is a Court order compelling a person to attend Court to give evidence at a trial or preliminary inquiry. If a person, after being properly served with a subpoena, fails to attend Court when directed, the Court may issue a material witness warrant, which authorizes the police to locate and arrest the person and to bring him or her before the Court to give evidence.

Sureties:

A surety is a person who will supervise a bail order. The surety is responsible for ensuring that the accused person will attend Court, abide by all of the bail conditions and stay out of further criminal trouble. In almost all cases, the surety will be required to pledge a sum of money to guarantee to the court that they will take their role as a surety seriously. A failure to properly supervise the accused person on bail may result in the monies pledged being forfeited.

Trial:

A trial is a court hearing to determine whether or not a person is guilty or not guilty of a criminal offense alleged against them. At trial, the Crown Attorney will present evidence through witnesses in order to prove guilt beyond a reasonable doubt.

Undertakings:

An undertaking is a form of release given to an accused person by the police who wish to impose certain restrictions on an accused person’s liberty while awaiting trial but without requiring them to go through the process of a bail hearing. The police are limited in the types of restrictions they are permitted to impose on a person’s liberty. Some examples of valid conditions can include non-association or non-communication restrictions with the complainant or other witnesses.

Victim Impact Statement:

At the time of sentencing, victims and their families can make a written or verbal statement to the judge about how they feel about what happened and what the effects of the crime are. In deciding what sentence the accused will receive, the judge can consider the victim impact statement along with the recommendations from the crown attorney and the defense attorney.

Youth Court:

The court deals with criminal charges against a young person under the age of 18.

Is there any way to destroy the fingerprints and photographs taken by the police?

Quite often, an arrest on a criminal charge can have significant and long-lasting consequences for a person accused of a crime, long after the charge is dropped or the person is found not guilty of the crime.

Most people facing criminal charges are required to provide the police with photographs and fingerprints which can later be used to assist police in solving other criminal investigations.

Only those persons facing summary conviction charges (such as marijuana possession or soliciting a prostitute for example) will be excused from providing their prints and photos.

If the person charged is later acquitted of the crime or the charges are withdrawn or stayed by the Crown, a request can be made to the police to have the accused person’s photographs and fingerprints removed from the police database. In most instances, the police will comply with the request.

The timing of the destruction of the prints and photos will depend on the manner in which the charges were disposed of and the policy of the police force responsible for the charges.

If you are found guilty of a criminal offense, then your photographs and fingerprints will permanently remain on file with the police.

Most police departments will have a minimum waiting period before a person can apply to have their fingerprints and photographs removed from the police database. In most cases, it is a minimum of a five-month waiting period before the police will process the destruction request.

What should I do to prepare for my first meeting with a lawyer?

It is important to come prepared to your first meeting with a lawyer. This will allow you to ask any questions you have about the process and put you in a position to answer any questions the lawyer may have for you.

You should bring all documents that you received from the police or the prosecutor to the meeting including disclosure or your bail papers. In addition, if you have any relevant documents, photographs or names of witnesses, you should also bring this information to the meeting as well.

Another thing that is often useful to prepare in a criminal case is a written chronology or summary of your involvement in the matter. If you chose to bring a document like this to your first meeting, please ensure that any written documents that you create about your case should clearly be marked at the top with, “PRIVATE AND CONFIDENTIAL – FOR MY LAWYER”. This ensures that your documents will not be used against you at trial in the event that they are lost, stolen, or confiscated by the police.

It is best not to discuss your case or show your documents to anyone until you have had a chance to meet with a lawyer. Anyone you speak to about your case may become a witness against you (voluntarily or involuntarily at the request of the prosecutor). Only what is said in private to your lawyer is protected from potentially becoming evidence against you in your case.

The police have a duty to investigate crime. Therefore, whenever someone makes an allegation about a crime the police will generally investigate that complaint. Police will often start their investigation by asking questions of those people that may know something about the allegation, including investigating the suspect(s).

You have a right to silence. The choice is yours.

The choice to cooperate with the police, whether as a witness or as a potential suspect, is up to the individual. Generally speaking there is no requirement that a person assists in a police investigation unless they are required by a specific law to do so, or are compelled by a judicial Order (such as a production order). As an arrested or detained accused, the person has a complete right not to cooperate with the police except in very narrow circumstances (such as being required to provide a breath sample). These examples where a person is required to cooperate are very rare and are best addressed by speaking to a lawyer on whether there is such an obligation.

It’s not easy to stay silent in the face of police questioning. Speaking to a lawyer can assist you in understanding how to exercise your rights.

Speaking to a lawyer can assist you in understanding whether or not it would be in your best interest to speak to the police, whether you are required to, or whether you should exercise your right to silence. Fortunately, under Canadian law, any time a person is detained by police, they have a constitutional right to know what they are being detained for as set out in section 10(a) of the Charter of Rights and Freedoms). That person under detention also has a right to retain and instruct counsel (a lawyer) immediately as well as to be informed of that right.

Failure to inform you of these rights or to properly implement them may result in a remedy later on in court if you are charged. It is therefore always a very wise decision to speak to a lawyer immediately upon arrest or detention so that your rights are protected, so that you do not refuse to cooperate when you might be required to do so, and so that you do not provide the police with details that may be very damaging to your case at a later occasion. There is no greater right when under arrest than the right to counsel and effective legal advice; be sure to exercise it.

Call 905-906-4357 to speak to a lawyer immediately.

What do you do if you are charged with trafficking or possession of marijuana, cocaine, ecstasy, or heroin?

Trafficking Under Canadian Law, drug charges are prosecuted by the Federal Department of Justice under the Controlled Drugs and Substances Act. Drug offenses can range from very petty offenses (for example, simple possession of marijuana under 30g) to very serious offenses (for example, importing or trafficking cocaine).

The basic elements of proof in drug cases.

In defending drug offenses, there is a common theme of proof of possession and constitutional violations. Since most drugs are allegedly found by police in rather inconspicuous places (pockets, cars, homes, etc.), there is usually a question as to whether or not the police discovered them in a lawful manner. Once the drugs are found, there is also a common question as to who is in legal possession of the controlled substance.

Possession of drugs can be proven in a number of ways but the police and Crown typically rely on the circumstantial evidence of where the drug was allegedly found, admissions/confessions by the accused, or wiretap evidence admitting knowledge and control over the items in question. Suffice to say that simply because drugs are found, does not mean that the case is proven. There is a heavy burden on the state to prove the case beyond a reasonable doubt against an alleged offender and having a criminal defense lawyer who understands these and other legal issues can maximize your chances of acquittal or minimizing the sentence on conviction.

If you are charged with a drug offense, you should contact a lawyer immediately to discuss your potential options and what defenses may be available to you.

Many people throughout Ontario and Greater Toronto are arrested every day for offenses such as theft, shoplifting, fraud, prostitution, soliciting prostitution, and minor drug offenses. Many of these cases ultimately result in the charges being withdrawn once the accused completes “diversion”.

What is “diversion”?

Theft and Diversion Diversion means just that: an individual who is charged with a criminal offense is diverted out of the Court system and asked to provide some sort of reparation to society for their alleged wrong. This reparation will take the form of community service, a donation to charity, or a more specific program tailored to the individual’s specific life situation (as is often the case with people suffering from mental health issues). Upon completion of whatever terms the diversion is dependent upon, the charges are “withdrawn” meaning that you remain legally innocent of the charges. Since you are presumed innocent when you are charged until proven guilty, you remain legally innocent when your charges are withdrawn because the allegations were never proven in a Court of law against you.

Who decides whether I am eligible for diversion?

There is only one party who has the power to determine a person’s eligibility for diversion, and that person is the Crown Attorney (or the Office of the Crown Attorney). When a file first comes to the Crown’s office after being processed by the police department, an initial screening of the file is made by the Crown Attorney. If the Crown Attorney decides that you are eligible for diversion, then the brief will be marked up accordingly and typically that accused person will be advised of that decision on their first day in Court.

The factors that the Crown takes into account when assessing a file for diversion include, but are not limited to:

Whether the person has a criminal record or past dealings with police;

Cooperation with police upon arrest;

The seriousness of the offense (amount of money lost, alleged harm done, etc.);

The cost of prosecuting the case in comparison to the seriousness of the offense;

The impact a criminal record may have upon an individual accused in comparison to society’s interest in ensuring are punished for wrongdoings; and,

The wishes of the alleged victim.

It is also important to know that simply because a file is initially screened as ineligible does not mean that is the final decision. Despite a Crown Attorney’s initial view, they may be persuaded by legal counsel that a person is eligible after all. For this reason, it is wise to retain an experienced criminal lawyer to ensure that all possibilities for diversion are canvassed.

What kind of charges are eligible for diversion?

Technically, any type of charge may be eligible for diversion; however, the most common cases where diversion is routinely offered is theft, possession of small amounts of marijuana, and solicitation of prostitution. Other offenses where diversion is offered, albeit less common, include mischief offenses, assault, fraud, being found in a bawdy house, harder drug possession, and crimes where there is no large amounts of money lost and no serious physical violence.

Again, retaining a lawyer could help convince a Crown Attorney to offer diversion when that person may not be initially eligible.

Do I have to admit to anyone what I did in order to be eligible for diversion?

Generally speaking, when a person is accepted into the diversion program, it is contingent upon that individual accepting responsibility for their wrong. An extensive confession is not required. Typically, the social worker who is interviewing the person for an initial intake will ask questions like:

Why did you do this?

Do you understand this is wrong?

Do you appreciate the costs to society in your actions?

Do you appreciate the harm you have done to yourself, family, and friends, and your personal reputation in committing these offenses?

Have you learned your lesson?

If that worker feels that the person has learned their lesson and will not engage in similar acts in the future, that person will be advised what they will have to do (community service, etc.) in order to have their charges withdrawn.

Is what I tell the diversion worker admissible against me at trial later on? Fortunately, all of the discussions you have with the diversion office for these purposes is confidential and cannot be used against you in court later on. Section 717(3) of the Criminal Code of Canada clearly states:

No admission, confession or statement accepting responsibility for a given act or omission made by a person alleged to have committed an offense as a condition of the person being dealt with by alternative measures is admissible in evidence against that person in any civil or criminal proceedings.

This section is placed here by legislation to facilitate people who are eligible for diversion or “alternative measures” to engage in the process without the fear of reprisal for their admissions later on.

Now that I am eligible for diversion, what happens next?

Once you are eligible, you will return to Court and adjourn your case for as much time as required to complete the terms of diversion. For example, if a person is asked to complete 35 hours of community service, they will likely be adjourned for 3-4 weeks for them to complete it.

Ok, I completed my terms, now what?

When you return to Court after completing your terms of diversion, you or your lawyer will present the proof thereof to the Crown Attorney and Court and if everything is done in accordance with the agreement, your charges with be withdrawn.

Should I retain a lawyer for this? Retaining a lawyer is always a prudent thing to do no matter how insignificant the charge may be; however, this is always a personal choice and some people choose to represent themselves. Some things to consider is that a lawyer can:

Provide guidance, confidence, and ease of mind throughout the process;

Appear on your behalf so that you do not need to miss work or feel embarrassed about being present in Court;

Negotiate a better settlement with the Crown Attorney;

Familiarize you with the proceedings and what is expected to happen;

Follow up with the police department and request that your fingerprints, records, and photographs be destroyed upon the withdrawal of your charges;

Provide you with the certified Court documentation that proves your charges were withdrawn.

If you recently acted a surety for someone on criminal charges, you may have received a “Notice of Estreat Court Hearing” from the Superior Court of Justice. These notices will typically order you to appear before the presiding judge at the courthouse. Typically a date and time is provided along with details of phone numbers that you may call to provide further information.

Why is an treatment hearing held?

These hearings are held in response to an individual who has breached their bail and now the Crown seeks the funds in which the surety had pledged on their behalf at the bail hearing. For example, if an individual acted as a surety and bailed someone out for bail in the amount of $10,000.00 then the Crown may now wish for the former surety to forfeit that amount by Order of the Court.

What are the procedures involved in defending a treatment hearing?

Such a procedure can be quite confusing and stressful to unrepresented individuals, particularly when large amounts of money are at stake. Having the assistance of an experienced lawyer can ensure that you do not end of forfeiting funds unnecessarily by either convincing the Crown to abandon the application or by convincing to settle for a much smaller amount than what is sought.

Call one of our experienced lawyers for estreat court today at 905-906-4357.

If a person is convicted at a criminal trial in Ontario, that person may ask an appeal court to review the decision and/or verdict made by the judge or jury.   The Crown Attorney may also seek to appeal those decisions.   The nature of a criminal appeal typically challenges the verdict, the sentence upon conviction, or both.

The information set out below is written as generalities and in no way exhaustive of the steps and expertise required to succeed on an appeal.  Every appeal has its own subtleties and rules that make the process very difficult to navigate without experienced appellate counsel.

None of the information below should be relied upon in determining grounds of appeal, time limitations, strategies, or processes and is simply intended as general information in order to better understand the issues when speaking to a lawyer to assist with the appeal.

You may reach one of our lawyers directly, and at no charge for an initial consultation at (416) 999-8389.

You may also wish to visit the website of the Ontario Court of Appeal or the Superior Court of Justice for up-to-date information on steps, rules, processes, and timelines. The information set out below is written as generalities and in no way exhaustive of the steps and expertise required to succeed on an appeal.  Every appeal has its own subtleties and rules that make the process very difficult to navigate without experienced appellate counsel.

Criminal court rules and procedures in Ontario are complicated.  To someone unfamiliar with them, the experience can be overwhelming. To make matters worse, making a wrong decision along the way may have severe and lasting legal consequences.  Fortunately, the lawyers at Sadro Law Group can provide you guidance through these complicated procedures from suspicion, arrest, court, trial, and appeal if necessary.

Below, you will find a basic overview below of Ontario Court of Justice and Superior Court of Justice court procedures and rules.

Note: What is offered here is a very simplified explanation of criminal court procedures in Ontario.  This is not legal advice nor is it accurate for every court jurisdiction in Ontario.  Generally speaking, the courts in Ontario will follow what is set out below.  However, every jurisdiction has its own rules, regulations, and practices for how a criminal case is conducted.   If you have specific questions you shouldn’t hesitate to contact a lawyer and discuss in greater detail the specifics of your legal situation.

For criminal cases in Ontario, the first day in the Ontario Court of Justice is not your trial date – it is an administrative appearance for the purposes of understanding what the charges are, to obtain disclosure, and to advise the Court of your intentions in retaining a lawyer.

The first appearance is not your trial date.

Generally speaking, the first day in the Ontario Court of Justice is not your trial date. 

After a person is charged with a criminal offense, a person is either released by police unconditionally, released by police with conditions (an undertaking to a peace officer or officer in charge) or they are taken for a bail hearing where the person is released by the Court or held in custody. After this has taken place, an accused person is provided a date in Court, typically known as a “first appearance” court date.

Disclosure and retaining counsel.

On this initial appearance there are key events that are likely to happen:

First, the Crown is expected to provide “disclosure” to the accused. “Disclosure” is the evidence the Crown and police have in their possession that they intend to rely upon to prosecute the case. This assists the accused and the accused’s lawyer in better understanding the case against them so that they make informed decisions about how to proceed with the case.

Second, the Crown may also provide a “crown screening form” so that an accused can understand how the Crown is treating the case.  For example, are they proceeding by indictment or summary election, and what are they seeking for a sentence/disposition if the accused were to plead guilty?

Lastly, issues relating to retaining counsel are also queried by the Court.  Is the person intending to seek the assistance of private counsel or represent themselves? The accused may also seek to apply for Legal Aid to assist them if they cannot afford private counsel.

Speak to a lawyer before doing anything.

Although unusual, and likely an unwise decision at this early stage, it is possible that a person could have their charges traversed before a judge on the first appearance in Court to plead guilty if they so wished.

However, seeking to plead guilty without the assistance of legal counsel to assist would be wildly irresponsible and ill-advised.  Experienced criminal counsel will thoroughly review the disclosure, advise the client on the merits and weaknesses of the case, and to negotiate with the Crown to obtain the best possible resolution in the circumstances (often referred to as a “plea bargain”). All of this is essential before making a responsible decision on how to best approach criminal charges.

In Ontario, a person is not expected to enter a plea of “not guilty” on the first appearance and is typically is not asked to do so until that individual is arraigned at the trial date. It is very easy to change a plea of not guilty to guilty; the converse is very difficult.

Retaining counsel for the first appearance in Court.

Although having legal counsel retained on the first appearance is not necessary, it is strongly encouraged. The sooner an individual retains counsel to assist them, the easier and less overwhelming the entire process becomes.

For those that have counsel, the lawyer will almost always seek to adjourn the matter to complete all these steps diligently and to obtain materials (such as job, reference, or doctor's letters) that may assist in mitigating the sentence against the individual who wishes to plead guilty.

Whether counsel is retained or not, in nearly all instances, a criminal matter is adjourned on the first appearance for several weeks so that the person charged may:

1. Review disclosure, or obtain disclosure on the next occasion if not already provided,

2. Retain and obtain advice from counsel,

3. Apply for Legal Aid if necessary,

4. Have their lawyer speak to the Crown Attorney about the case for the purpose of resolution or trial discussions, or,

5. Any other purpose that the situation may require.

Hiring a lawyer is an obvious step to anyone knowledgeable of the legal system. However, a lot of people do not seem to appreciate just how important it is. A criminal defense lawyer will apply their skills and experience to the specific circumstances of your case. Every case is different and requires a different approach. Navigating the criminal justice system without a lawyer is not only confusing and frustrating but very reckless.

Unguided, there is always a potential for unnecessary and permanent consequences. If a person is charged with a criminal offense, hiring a lawyer is by far the wisest action you can take to ensure that the devastating effects of a criminal conviction are minimized or alleviated. From the very beginning, an experienced criminal lawyer can explain to you the potential outcome of your case, what risks are associated with the case, the benefits and disadvantages of proceeding to trial, the costs associated with a legal defense, and what would happen if you are found guilty of the criminal offenses the accused is charged with.

Before you hire a lawyer, meet with us for free.

At Sadro Law Group, we always meet with potential clients at no charge to provide general legal information about their case and what the benefits are to hiring one of our experienced lawyers to assist you with your particular legal problem. Keep in mind that before you hire a lawyer for criminal charges, you should explore your options and meet with several so that you understand the range of experience, costs, and approaches to your case.

lawyer Toronto what lawyer you hire for your criminal case may be the most important decision you will make in your life. Before you commit to the lawyer you feel is best suited to your case and needs, make sure that you have done your research and explored all your options. Just like anything in life, lawyers vary with experience, cost, and approach. Take the time required before hiring a lawyer for criminal charges.

When the police arrest someone for a criminal offense, the police may decide to hold the person in custody and bring them before a court to decide whether or not they should be released into the community. This process is called a bail hearing. The law requires that police bring a person before the Court within 24 hours. Once they are before the Court, a bail hearing may commence right away, or it may be adjourned up to three days if so requested and appropriate. No bail hearing may be adjourned more than three days without the consent of the accused person.

Since bail hearings take place right away, the person who wishes to bail them out (the “surety”) must act quickly to ensure that everything is in place by the the time accused gets brought before the court. With the assistance of a retained lawyer or duty counsel, a surety is advised of their roles and responsibilities. They are also advised of the minimum requirements a surety must-have.

What does a surety need to know and do before bailing someone out of jail?

More specifically, a surety should:

Not have a criminal record;

Be over the age of 21;

Have an ability to supervise the accused properly;

Be willing to promise an amount of money that they could lose if the accused breached his bail;

Have the capacity to understand and enforce the conditions the Court;

Attend court on the day of the bail hearing in a punctual manner.

One of the most important aspects of a bail hearing is being properly prepared which includes, but is not limited to: a well thought out supervision plan, an informed and knowledgeable lawyer, a reasonable amount of money or assets that can be pledged as collateral for an accused’s release, and a serious and respectful attitude towards the proceedings.

Bail is an extremely important part of the proceedings and must be treated with as much seriousness as the trial itself. If a person is not granted bail, they may have to wait many months until trial before being released or at minimum several days or weeks before the detention order is appealed. Having the assistance of a lawyer will greatly increase the chances of a person being released and into the care of the proposed surety(s).

Call 905-906-4357 for more information on bail hearings and how to properly approach the release of an accused.

What is the difference between an indictable and a summary offense?

Under the Criminal Code of Canada, there are three types of offenses: summary conviction offenses, indictable offenses, and those offenses where the Crown may elect to proceed by summary conviction or by indictment.

For those types of Crown election offenses, they are often referred to as “hybrid offenses”. The simplest explanation of the difference between summary conviction offenses and indictable offenses is that the former is less serious and the latter is more serious. Read below for a further explanation on the implication of a summary election or a proceeding by way of indictment.

Summary Conviction Offences

Summary conviction offenses include the least serious offenses under the Criminal Code of Canada. Relatively speaking to the number of offenses under the Criminal Code, there are actually very few pure summary conviction offenses. Those pure summary conviction offenses include possession of marijuana under 30 grams, solicitation of prostitution, being found in a common bawdy house, etc.

There are unique aspects that apply to summary conviction offenses that do not apply to indictable offenses. For example, in summary, conviction offenses, there is a six-month limitation period to proceed by way of summary conviction. Another unique aspect to summary conviction offenses is that a person charged with a pure summary conviction offense (not hybrid) is not required to submit their fingerprints with police upon or after arrest or conviction. Summary conviction offenses are appealed in the Superior Court of the relevant jurisdiction (and not directly to the Court of Appeal).

In Ontario, those appeals take place in the Ontario Superior Court of Justice. Summary conviction offenses generally carry a maximum penalty of six months in jail, although some summary (hybrid) offenses have a maximum of eighteen months in jail (e.g. assault causing bodily harm, assault with a weapon, forcible confinement, sexual assault). A person charged with a summary conviction offense is not entitled to a jury trial or to have their case heard in the Superior Court of Justice (unless it is being heard alongside an indictable offense at the same time).

Indictable Offences

summary conviction indictable offense differenceIndictable offenses are the most serious of criminal offenses and would include murder, acts of terrorism, robbery, drug trafficking, robbery, treason, certain types of sexual assault, and other very serious criminal acts. As one could imagine, the sentences for these types of offenses are very serious and often with maximum penalties of life imprisonment. Anyone charged with these sorts of offenses usually has the right to choose their mode of trial: judge alone in Provincial Court without a preliminary hearing, judge alone in Superior Court with or without a preliminary hearing, or Judge and Jury with or without a preliminary hearing. Not everyone who is facing an indictable offense is entitled to a preliminary hearing or a judge and jury trial (those exceptions are set out in section 553 of the Criminal Code). Similarly, not every type of offense permits the accused to elect to have a judge without a jury unless the prosecutor consents.

There is no limitation period for indictable offenses and a person can be charged, tried, acquitted or convicted at any time the police wish to proceed with the charges provided there is a sufficient basis for doing so.

These types of offenses are usually extremely complicated with serious consequences. Although it is always not a very wise choice to defend allegations without the assistance of a lawyer, doing so when facing an indictable offense is beyond unwise and is generally reckless. Appeals for indictable offenses are heard by the Court of Appeal for the Province the case was heard.

Hybrid Offences

Hybrid offenses are those offenses where the Crown may choose to proceed by either indictment or summary conviction. These types of offenses cover the majority of the Criminal Code of Canada offenses. They include but are not limited to: assault, sexual assault, fraud under $5000.00, theft under $5000.00, assault with a weapon, assault causing bodily harm, possession of cocaine (simple possession), and many more.

The decision by the Crown to proceed by way of indictment or summary conviction is a discretionary one that is not subject to review by any court (unless there was a deliberate abuse of process which would be exceptionally rare and very difficult to demonstrate). In assessing whether or not to proceed by indictment or summary conviction, a Crown would consider factors that may include: the seriousness of the allegations (for example, “sexual assault” can include either touching or full intercourse), the accused’s prior criminal record, the notoriety of the case in the community, the availability of court resources, whether the offense is sworn outside the limitation period for a summary conviction, the complexity of the case, and any other relevant considerations.

If you wish to learn more, please call 905-906-4357 to discuss these or any other issues relating to criminal law.

Generally speaking, our firm does not accept Legal Aid Ontario certificates. However, exceptions are made from time to time.  

A very common question asked of our criminal defense lawyers is whether we accept Legal Aid Ontario certificates for criminal charges.

Do our law firm and criminal defense lawyers accept Legal Aid Ontario certificates?

Generally speaking, our firm does not accept Legal Aid Ontario certificates; however, this decision is made on a case by case basis in consideration of a number of factors that include:

• Have you applied and are you eligible for Legal Aid Ontario certificate for your criminal charges?

• What are the nature of the criminal charges you wish us to represent you on a Legal Aid Ontario certificate?

• Are the criminal charges you are facing very serious or relatively minor?

• What criminal defense lawyer in our law firm would you like to represent you on a Legal Aid Ontario certificate?

• Are you a youth or adult?

• Are you switching from another criminal defense lawyer who already represents you on a Legal Aid Ontario certificate?

• Do you have a pre-existing relationship with our law firm or one of our criminal defense lawyers?

• Is there a strong public interest in defending your case?

These questions above, are some of the issues we consider when representing new or existing clients on Legal Aid Ontario certificates for criminal charges.

 Should I just plead guilty to my criminal charges?

Every person charged with a criminal offense in Canada has a right to a trial, or they may choose to plead guilty. The decision to plead guilty, or to plead not guilty is a complicated one that is best made with the assistance of an experienced criminal lawyer who can advise you of the consequences of either option.

What to consider before pleading guilty to any criminal charge:

criminal charges should i pleaded making such a decision, there are several things that ought to be considered (in addition to what your lawyer advises you about your particular case). Those things might include:

What is the sentence that is being proposed by the Crown, the defense, or both as a joint position?

By pleading guilty, will I obtain a better sentence than if I was convicted after the trial?

What are my chances of winning my case?

Are there evidentiary or constitutional problems with the Crown’s case that make it difficult to obtain a conviction – regardless of my factual guilt?

Even if I am pleading guilty, am I getting the least punitive sentence or can a lawyer advocate for something better?

What are the long-term consequences of this sentence – is it a permanent blemish on my record?

Are there immigration consequences?

Are there family law issues that may prevent me from having access to my children?

Are there civil law issues where I could be sued afterward for a crime I committed?

These are difficult questions that cannot be answered by anyone other than an experienced lawyer who is fully aware of your personal circumstances and your particular case.

Youth charged with criminal offenses are dealt with under the Youth Criminal Justice Act. This Act sets out the special ways that youth ought to be treated and recognizes a number of principles that differentiate them from adult accused people. Some of these principles state that:

Young people lack the maturity of adults and that the youth system is different from the adult system in many respects, including measures of accountability are consistent with young persons’ reduced level of maturity; procedural protections are enhanced; rehabilitation and reintegration are given special emphasis, and the importance of timely intervention is recognized;

Punishment, sanctions, and intervention for youth are often best dealt with outside the formal court process when dealing with non-violent and relatively minor criminal acts;

Custodial sentences (jail) should be used only when it is absolutely necessary to protect the public from violence and serious offenses;

The criminal justice system must focus their efforts on rehabilitating and reintegrating the young persons back into the community;

That youth should be given sentences that are meaningful to the offender and takes into consideration the effect their actions may have had on the community, the victims, and the youth himself;

Society has a responsibility to address the developmental challenges and needs of young persons;

Communities and families should work in partnership with others to prevent youth crime by addressing its underlying causes, responding to the needs of young persons and providing guidance and support;

Young persons have rights and freedoms, including those set out in the United Nations Convention on the Rights of the Child.

Even though the Youth Criminal Justice Act is meant to integrate the family and youths while providing an engaging and easy to comprehend atmosphere, the same concerns and complications may arise that one would find in adult criminal courts.

Having an experienced defense counsel can assist you, or your child, in understanding the procedures and protections afforded to you.

There’s an old saying that goes – “The man who represents himself in court has a fool for a client”. That saying has never been more true than today. Canada’s criminal law has rapidly become a very complex mix of statutes, common law and precedent. The Canadian Charter of Rights and Freedoms has dramatically improved the rights of accused persons but also tremendously complicated what would have otherwise been a simple trial. Few people would ever consider saving a few dollars by performing life-saving surgery on themselves. Don’t risk your legal health – your job, your family, and your liberty – by trying to defend your own criminal case.

First of all, one can never know for sure what a sentence will be. Certain crimes (such as sexual assault, possession of child pornography, or drunk driving) have become so politically charged that crown attorneys are often seeking jail sentences even against first offenders who come from solid backgrounds with productive jobs. Even if the crown is not seeking jail in your circumstance, the consequences of a criminal record can be extreme. A criminal conviction can bar you from many fields of employment or cause you to lose a job you already have. Criminal records may also prohibit you from traveling to certain countries including the United States where they are particularly tough on Canadians even with decade-old records for minor drug offenses. Finally, a criminal record could have extremely serious immigration consequences if you are not a Canadian citizen. Sadro Law Group always advises non-citizens charged with a criminal offense to seek legal advice from a qualified immigration lawyer about the possible consequences to their status in Canada.

Having a good rapport with a lawyer who has done your will, incorporated your business, or represented you in court on family or immigration matters is very important. However, effectively representing you in your criminal trial requires an entirely different set of skills and experience. Criminal law is a very specialized field. New cases, statutes and regulations, change the way criminal charges are defended literally every day. Every criminal courthouse has its own unique procedures and rules that must be carefully understood by your lawyer. A criminal lawyer at BSB will never agree to draw up your will, incorporate your business, or help you in your divorce. All we do each and every day is represent people in the criminal justice system. This means that our lawyers have a level of knowledge in the field of criminal law that a generalist can never achieve. If you are diagnosed with a heart condition, would you trust your medical care to a family doctor? How about an oncologist? Of course not – you would want the specialized care that only an experienced cardiologist can give. Why seek anything less for your legal care – trust Sadro Law Group for your criminal law needs.

When it comes to something as potentially damaging as a criminal conviction, you really must ask yourself whether saving money should be your priority. However, you might be surprised to find that you can have the best of both worlds. Because our lawyers have so much experience in the focused area of criminal law, we can often do in ten hours, which might take your family lawyer thirty hours to do. This efficiency amounts to big cost savings to you – and you get the knowledge of a true criminal defense lawyer behind you. Other lawyers usually bill you by the hour so that every minute they spend on your case costs you money. If you review our fee agreement, you will see that we typically negotiate a block fee agreement with our clients. This not only helps you set an accurate budget for your legal fees – it can often save you thousands of dollars. Finally, you will find that with multiple lawyers at various levels of seniority, Sadro Law Group can work with you to establish a budget that is reasonable while giving you access to highly specialized criminal litigators.

Obviously, if you have been arrested by police, it’s time to call a good criminal lawyer. However, a phone call before you ever get arrested could save you loads of heartache – and money. If you think you may have done something illegal but are unsure of the consequence, don’t wait for the police to get involved. BSB Criminal Law Firm has advised many individuals and companies on the legality of their actions before any charges were laid. This puts you and your BSB lawyer in control of the situation – not the crown attorney or police. A small investment of time and money early on could save you thousands of dollars down the line by preventing a charge from ever being laid. Even if charges do eventually come, you will be fully prepared to answer those charges and will have preserved all the evidence you need to prove your innocence.

The overriding urge to trust police officers is bred into us as children. When an officer knocks on your door, one often feels a compulsion to just explain the situation confident that the officer is on your side and will help you out. Nothing could be further from the truth. If police officers are asking you questions about your involvement in a crime, they are not doing this to help you. They are simply doing their jobs – trying to catch criminals. Every word you say to police officers will be written down in their notebooks and used to try to prove that you committed the crime they think you committed. If the officer thought you weren’t guilty of anything, he or she wouldn’t be asking you questions. Every person has the right to remain silent and it is a right that everyone – guilty or innocent – should exercise. If an officer is asking you questions, be firm but respectful and indicate to the officer that you do not wish to answer any questions until you have spoken with your lawyer.

It’s true that in the vast majority of first-time impaired driving cases, you will likely be ordered to pay the minimum set fine of $1000.00 – but that’s only the tip of the iceberg. In addition to the set fine, the court often imposes a victim fine surcharge that increases the total amount you have to pay. On top of this, you can expect your car insurance premiums to triple at the very least. Even on a first offense, your driver’s license will be suspended for a minimum period of one year. No exceptions can be made for driving to work or for medical appointments. Before you can get your license back after the one-year suspension you will have to take a “remedial measures” course called Back on Track. The course costs approximately $500 and takes about 11 months to complete so, if you don’t start it right away, you will be without your license for even more than the one year it is suspended. Even if you do get your license back, you will be required to install an ignition interlock device in your car for a minimum of one year. This device acts like a breathalyzer machine and you will have to blow into it each time you start your car and periodically while driving your car. You will not be permitted to drive any car that does not have an ignition interlock device installed. The cost for installation and monitoring of this device is approximately $1300 per year and must be paid by you. A $1000.00 fine with the victim's fine surcharge, plus triple insurance premiums, plus the $500 course, plus the $1300 ignition interlock device … suddenly your small fine for a first offense could cost you over $10,000 in the first year alone. This monetary penalty is in addition to the year you will spend without your driver’s license. A second impaired driving conviction carries a minimum three-year license suspension and 30 days in jail. On a third conviction, your license will be suspended for life and you will serve a minimum of 120 days in jail.

Domestic assault charges apply in any case where a person is alleged to have assaulted someone that they have a spousal relationship. This clearly applies to husbands and wives (even if they are separated and not living together) but can also include boyfriend/girlfriend relationships, same-sex relationships, common-law marriages, and any relationship where a couple shares a child. The crown attorney and police treat domestic assault allegations very seriously and apply a zero-tolerance approach to their enforcement and prosecution. Once a spouse has called police to report an assault, no amount of explaining or pleading will prevent a charge from being laid. In almost every case, the spouse alleged to have committed the assault will be arrested, held for a bail hearing, and not be permitted to return to the family home or have any contact with the other spouse and children, until after the trial is completed. These harsh actions will be taken even if the complaining spouse later claims that nothing happened and even if he/she does not want to ‘press charges’. Crowns will not drop these charges nor will they consent to conditions allowing the family to get back together. In domestic assault cases, it is vital that you retain a good criminal lawyer immediately. In many cases, it is wise for both spouses (even the ones not charged with the offense) to hire lawyers. Our lawyers have a wealth of experience conducting bail hearings and trials for people in these difficult circumstances. BSB criminal law firm has had great success convincing Judges and Justices of the Peace to allow families to live together for the many months it takes for a case to come to trial in our backlogged justice system.