FAQ

I am charged or about to be charged with a criminal offence. Do I need a criminal lawyer?

Yes. Your reputation and freedom are your greatest assets. It is said “a person who represents themselves has a fool for a client”. Find the best criminal lawyer available so that you can be assured that you obtain the best possible result.

A police officer left his card at my door with a message to call him. What should I do?

Contact a criminal lawyer! The lawyer will contact the police on your behalf, assess the damage, and then instruct you as to what is your best course of action. If you are going to be charged with a criminal offence, then the lawyer will arrange for your surrender so that you are in police custody for the least amount of time, and instruct you so that you say and do nothing to prejudice your case.

I am charged with a criminal offence. What happens next?

Your lawyer will make court appearances for you. Early in the process, the Crown prosecutor will provide disclosure, a paper, cd, or dvd, version of the case against you. Your lawyer will review the disclosure with you. Your lawyer will meet with the Crown prosecutor to negotiate a resolution. If an agreement can be reached, the matter will be resolved. If not, a trial date will be scheduled.

I am innocent. How long do I wait for my trial?

Assuming that the Crown refuses to accept defeat and is intent on pursuing the allegation, depending on the seriousness of the case, and the jurisdiction, the gestation period from arrest to trial is between 6 months and 3 years.

I was released on bail conditions that are overly onerous. Can I do anything to have the bail conditions changed?

Bail conditions can be changed either with the consent of the Crown Attorney, or by formal application to the Court.

I am guilty. My fingerprints and DNA are at the crime scene. There were several independent eyewitnesses who can identify me. I want to plead guilty and get it over with. Do I need a lawyer?

Absolutely! In spite of your belief that there is an overwhelming case against you, there may still be an opportunity to avoid culpability if the police overstepped their authority and infringed on your rights pursuant to the Charter of Rights. There may be other technical defences available that relate to the court process if the matter is delayed unreasonably. Finally, an experienced defence lawyer can achieve a dramatically different result than an unrepresented defendant.

How do I avoid a criminal record?

Absolutely! In spite of your belief that there is an overwhelming case against you, there may still be an opportunity to avoid culpability if the police overstepped their authority and infringed on your rights pursuant to the Charter of Rights. There may be other technical defences available that relate to the court process if the matter is delayed unreasonably. Finally, an experienced defence lawyer can achieve a dramatically different result than an unrepresented defendant.

I don’t think I can afford a criminal lawyer. What should I do?

Legal Aid Ontario will only subsidize your defence if you qualify financially, and if you are likely to be imprisoned if you are convicted. Most employed individuals will not qualify for Legal Aid. Criminal lawyers are generally not as expensive as their civil litigation counterparts. They will often offer you a payment plan within your financial means. You should make this expense a priority!

How do I find the best criminal lawyer at a reasonable price?

Shop around. Do the research. Find an experienced criminal lawyer who specializes in criminal cases. Contact Kostman and Pyzer, Barristers for your best defence. We have been defending criminal cases successfully since 1983.
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