FREQUENTLY ASKED QUESTIONS CONCERNING CRIMINAL CHARGES
Q: My friend/spouse/family member has been charged with a criminal offence. How do I bail them out?
A: A person charged with an offence who is held for bail will be brought before a Justice, by police, within 24 hours of their arrest. Bail courts run daily, even on weekends and holidays. You may be in a position (depending on your ability to supervise them, your citizenship status and your financial status) to act as surety for this person and bail them out of jail.
Q: I was released from the police station after having been charged or have received bail after a hearing. What do I do now?
A: Contact Lisa. Set up a free consultation to review your paperwork and she will discuss what lies ahead, as well as what your options are.
Q: Can I get my fingerprints and photographs destroyed when my case is over?
A: Yes, it is possible. If you are found not guilty, or your case is resolved without you getting a criminal record, as your lawyer, she will request that police destroy your fingerprints and photographs.
Q: Can I still travel and/or cross the border when charged with a criminal offence?
A: If you do not have a criminal record and are only subject to outstanding charges, you should be able to cross the border pending the outcome of the case. This is something that Lisa could discuss with you in detail at the consultation.
Q: Can I represent myself?
A: In Canada, everyone charged with a criminal offence is free to represent themselves if they wish. However, Lisa advises against it for two main reasons:
1) If you’re not a lawyer, chances are you are not experienced in the inner-workings of the criminal justice system in Canada; and
2) Even if you are a lawyer, it is extremely difficult to be objective when the case is pertaining to you. Being objective is an important tool to possess when conducting a criminal case, as it allows you to hypothesize as to the strategy of the opposition.
Q: How do I choose the right lawyer?
A: Aside from the obvious factors such as price, location of the lawyer’s office, etc., you need to choose a lawyer you are comfortable with. You will need to have the utmost trust in your lawyer, so realistically this is the most important choice you will make when you find yourself in a situation where you have been charged with a criminal offence.
Q: Can I change my bail conditions?
A: It is possible to change or ‘vary’ bail conditions. This will be dependent on the nature of the charges, the type of bail you are subjected to, as well as the severity/importance of the condition that you want to change. This is another issue that can be discussed during your initial consultation with Lisa.
Q: Can I avoid a criminal record?
A: It is absolutely possible to avoid a criminal record when charged with an offence. Many factors will be at play in this determination. Feel free to contact Lisa to arrange a consultation and you can discuss this with her in further detail.
Q: Should I just plead guilty to the charge to get it over with?
A: You should NEVER plead guilty to a criminal offence without knowing all of the ramifications involved. Lisa will explain everything to you in detail involving the offence that you are charged with, as well as how pleading guilty will affect you. Lisa will review your case in detail, and if there is a possible defence to the charge based on your situation, she will discuss that with you.