FAQ
Frequently Asked Questions
A charge is not a conviction, but decisions made early can affect liberty, evidence, licence status, employment, immigration, and the eventual outcome. A lawyer can explain the allegation, obtain disclosure, identify deadlines, protect rights, and advise on plea, negotiation, applications, or trial.
Read and photograph every document, note the court date and appearance method, obey all conditions, preserve evidence, and contact counsel. Do not discuss the facts publicly, contact prohibited people, delete messages, or assume the police will remind you of court.
On arrest or detention, the Charter protects the right to be informed promptly of the reasons and to retain and instruct counsel without delay. You generally have a right to silence. There are limited statutory duties in some settings, so remain calm, do not obstruct, and request legal advice.
Get legal advice first. A statement can be used as evidence, and even an innocent person may misremember details or answer an unclear question. Do not lie; instead, state that you wish to speak with counsel and follow the advice received.
Disclosure is the evidence and information in the prosecution's possession that must be provided to the accused, subject to legal limits and ongoing duties. It may include notes, statements, video, photographs, records, expert material, and 911 calls. Defence counsel reviews it for completeness and legal issues.
The first appearance is usually a case-management date, not a trial. The court confirms the status of disclosure and counsel, addresses next steps, and may adjourn the matter. Attend in the mode directed by your documents or the court unless counsel has lawfully arranged otherwise.
No. Cases may be withdrawn, stayed, diverted, resolved by a peace bond, resolved by a guilty plea, or proceed to trial. The appropriate path depends on the evidence, law, Crown position, client instructions, risk, and consequences.
Possibly, but no one can guarantee it. The Crown applies its prosecution standard and public-interest assessment. Defence counsel can identify weaknesses, provide relevant information, bring applications, and negotiate, while the client decides whether to accept a proposed resolution.
It is a negotiated proposal that may concern the charge, facts, sentence, or ancillary orders. The judge is not always bound by the parties' position. A guilty plea must be voluntary and informed, with an understanding of direct and important collateral consequences.
A charge can appear in police and court records, but it is not a finding of guilt. Whether a disposition creates a conviction record depends on how the case ends. Record checks, non-conviction information, and destruction applications involve separate rules.
Timing varies with custody status, complexity, disclosure, applications, court availability, counsel preparation, resolution discussions, and trial length. Counsel can provide a better estimate after reviewing the charge, venue, and disclosure.
Check bail terms, passport conditions, court dates, and destination-entry rules. A pending charge may affect entry even without a conviction. Never miss court or breach a condition; obtain advice from defence and, where needed, immigration counsel.
Yes. The charge itself and especially a conviction or sentence may affect admissibility, status, removal risk, citizenship, or travel. Immigration consequences can turn on technical definitions and sentence length. Obtain immigration advice before any plea or sentencing position.
Potentially. Employment policies, background checks, driving requirements, vulnerable-sector work, security clearances, and professional reporting duties vary. Do not make an avoidable admission or miss a reporting deadline; obtain employment or regulatory advice where needed.
They are modes of proceeding with different procedural and sentencing consequences. Many offences are hybrid, allowing the Crown to elect. The election can affect limitation periods, court level, preliminary inquiry availability, and maximum penalty.
A peace bond is a preventive court order requiring a person to keep the peace and follow conditions for a set period. It is not itself a criminal conviction, but breach can be criminal. Agreeing to one can still have practical consequences and should be informed.
Generally yes, but timing, outstanding fees, Legal Aid authorization, adjournment risk, and transfer of the file matter. New counsel must have enough time to prepare, and the court controls scheduling.
Fees depend on the charges, disclosure, number of appearances, motions, experts, negotiations, and whether the matter proceeds to trial. Ask for a written retainer explaining scope, taxes, disbursements, trial fees, payment timing, and what happens if the case changes.
Not if a condition prohibits contact, and direct communication may be viewed as pressure or witness interference even without a condition. The complainant does not control the prosecution. Use counsel and lawful court processes.
Continue complying and contact counsel immediately. A condition remains binding until formally varied or replaced. Difficulty with housing, work, treatment, devices, or family contact should be addressed before it becomes a breach.