If you or someone you know is convicted of a crime, it’s obvious that you will have several questions regarding how to get help and regarding the justice system. The following FAQs can help you get the answers you need.
1. Why should I hire a criminal lawyer, instead of representing myself?
It is never a good idea to represent yourself in court as Canadian criminal law is becoming a complex mix of common laws, precedents and statutes. The Canadian Charter of Rights and Freedom is dramatically improving the rights of accused individuals and also immensely complicating what could have been a straightforward trial. You will not consider saving the fee of a surgeon and risk your health by performing a surgery on yourself. So why should you risk your legal health, your family, job and your liberty by attempting to represent yourself in a criminal case?
2. Why should I hire a criminal lawyer when my real estate lawyer (Or corporate/commercial/family/estate etc.) is offering to take my case?
Representing you during a criminal case trial requires a special experience and set of skills. A real estate lawyer is not an expert in criminal law. It is a specialized field and as mentioned above, the regulations and statutes are constantly changing. Also, every criminal court has its own rules and procedures which should be carefully understood by the lawyer representing you. This is why it is important for you to seek a criminal defence lawyer for your legal care.
3. When should I call a criminal lawyer?
If you’ve been arrested, it is obviously the best time to call a criminal lawyer. This can help you save money and the headache of having to go through the process all by yourself. However, if you think you may be involved in something illegal, don’t wait for the police to get involved. Most criminal lawyers can advise companies and individuals on the legality of their actions prior to any charges being laid. This allows you and your lawyer to be in complete charge of the situation. However, even if a charge is laid, you will be prepared to answer the charges and will also have preserved evidence which can help prove your innocence.
4. Why should I worry about getting convicted when I know I’m not getting a jail sentence?
No one can be absolutely sure whether they will get convicted for a crime or not. Certain crimes like drunk driving, possession of child pornography and sexual assault have become politically charged. This is why crown attorneys often seek jail sentences for offenders, even if it is their first time. However, even if a jail sentence is not applicable in your case, a criminal record can have extreme consequences in your life. Having a criminal conviction on your record can bar you from various fields of employment or even result in you losing a job you already have. It can prohibit you from travelling to certain countries too. Lastly, if you are not a Canadian citizen, a criminal record can also have serious immigration consequences. For non-citizens with charges on any form of criminal offence, it is best to seek legal advice from an immigration lawyer who is adequately qualified to face any probable consequences that your case may have.
Remember that all of these questions and answers are only designed to give out a general overview of certain legal processes and their basic features. They aren’t meant to provide any legal advice or their practices and procedures as they may vary from jurisdiction to jurisdiction and may not be applicable to all situations. For any kind of legal advice that is specific to your situation, call Saini Law, a leading criminal defence and immigration law firm in Brampton.