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Why me?  How could I let this happen?  If I could only go back and undo what I did.  It is only natural to engage in this thought process when you’ve been charged with a criminal offence.  Such sentiments may be echoing repeatedly in your mind.  You may even feel that you cannot stop them.  However, you must in order to help yourself.

Begin by recognizing that this thought process creates feelings of helplessness and is disempowering.  If you are ...

Introduction

Finding yourself caught in the web of the criminal justice system can be a frightening experience.  Feelings of shame and embarrassment are common.  Beyond this, you face the prospect of being saddled with a criminal record or worse, a jail sentence.  Once you’re in the system, your thoughts turn to understanding what is happening and getting through it unscathed.  So, how does the criminal justice system operate?

Being Brought Before The Courts

Typically, this happens through an encounter with the ...

If you’re facing a criminal charge, a criminal record is a serious concern.  A criminal record can affect immigration status, an application for Canadian citizenship, employment, and international travel.

With one exception (which will be discussed below), once you have a criminal record it is permanent unless a Pardon is granted.  For summary conviction offences (those that are considered less serious), an application for a Pardon can be made three years after the completion of the sentence.  For indictable ...

A criminal charge is a tremendous burden to carry. After dealing with the initial shock and feelings that accompany being charged, you are left with the realization that action must be taken. This means hiring a lawyer. At a time when you are most vulnerable, you must place your life into the hands of a stranger. But how can you trust someone you have never met before?

To answer this question, it is important to understand the role that the ...

Introduction

It is often best to hire a lawyer at the earliest possible stage.  Getting a lawyer involved early on may impact (a) whether a criminal charge is laid at all; (b) the nature and likelihood of your release pending the completion of the case; (c) the quantity and quality of evidence collected by the police; (d) the number and quality of defences available to you.

Hiring a Lawyer When The Police Call

At the investigative stage (this is typically when the ...

Mak is very anxious. He has just been charged with a criminal offence. He has never been in this situation before. He got caught having sex in his car with a prostitute and was charged with committing an “indecent act”. Mak met with a lawyer. The lawyer asked Mak to explain what happened during the incident. After listening for a few minutes the lawyer said, “Relax, Mak. I’ve dealt with these cases hundreds of times before. We’re gonna take ...

It’s more common than you think. Shoplifting-related charges are routinely laid against people from all walks of life. In many situations, whether it’s taking an item or two or switching price tags, the experiences are often similar.

You go to a mall to do some shopping and browsing. As you’re looking around, a strange and sudden impulse overcomes you. You pick something up and slip it into your pocket or bag. The item may not even be something you ...

Facing a false allegation of sexual assault is a stressful event. You may be experiencing feelings of shame, embarrassment, anger, and fear. “Why is this happening to me?” “What should I do?” These are common questions that you may be asking yourself.

The offence of sexual assault encompasses everything from a simple pat on the bum to forced intercourse. Therefore, the allegations can vary in degrees of seriousness. However, the Office of the Crown Attorney (the prosecutor) takes all allegations ...

Most people don’t know they can be convicted of drinking and driving even if they are not driving a vehicle.  That’s just one indication of what you’re up against if you drink and drive in Ontario.

The offence of drinking and driving is defined in the Criminal Code to occur in two situations:  (1) where your ability to operate a motor vehicle is impaired, or (2) where the concentration of alcohol in your blood exceeds 80 milligrams of alcohol per ...

At some point in your case, you may be asked by your lawyer to produce several character witnesses. A character witness is someone who testifies in court on your behalf. This witness’ testimony is usually to the effect that you have a reputation for honesty and integrity and that you are not someone who is likely to have engaged in the alleged criminal behaviour. Evidence from character witnesses may be compelling enough in and of themselves to raise a ...