Frequently Asked Questions
1. Is it necessary for me to hire a lawyer for my criminal charges?
Although it is not necessary to hire a lawyer for your criminal charges, it is strongly recommended. An experienced criminal lawyer can help you navigate the court system and provide advice which can make a huge difference in the outcome of your case.
2. My spouse/son/relative/friend has been arrested, how do I bail them out?
The first step is to seek the advice of a criminal lawyer. A criminal lawyer will be able to get in touch with the prosecutor and determine the bail status and try to work out a bail plan to get their release.
3. Should I just plead guilty to my criminal charges?
Before you decide to plead guilty you should seek the advice of a defence lawyer. There can be serious consequences including a criminal record and jail depending on the charges. A defence lawyer will be able to review the case and provide you with the potential consequences and even point out potential defences you may have.
4. How is the Youth Criminal Justice Act Different from the Criminal Code of Canada?
The Youth Criminal Justice Act applies to those under the age of 18. The Criminal Code of Canada applies to those who are 18 years and older. There are significant differences in how bail, and sentencing are treated under each Act.
5. Police want to talk to me about a crime that occurred, what should I do?
You have the right to consult with a lawyer before you speak to the police. You have the right to know your obligations and the potential consequences of speaking to the police.
6. What do I do if I am facing drug charges?
I would strongly recommend seeking the advice of an experienced criminal defence lawyer. In many drug cases, there are potential charter violations that can have a significant impact on the outcome of your case.
7. What do I do if I am facing DUI charges?
I would strongly recommend seeking the advice of an experienced criminal defence lawyer. DUI cases are very technical and often involve charter violations as a potential defence.
8. Am I eligible to have my charges withdrawn through diversion?
In order to determine if your charges can be withdrawn through diversion, it is important to consult with a defence lawyer who can determine if you would be a suitable candidate.
9. How do I appeal a criminal conviction or sentence?
Once you have been sentenced there are strict time limits to file a Notice of Appeal. The Notice of Appeal includes the grounds on which the appeal is based. It has to be filed in the correct level of court and a date is set for a hearing on the Appeal.
10. What are all the steps involved in a criminal case in British Columbia?
There are several steps involved in a criminal case. The initial stages involve obtaining and reviewing the Crown Disclosure. If necessary the next step is the arraignment process and setting a date (s) for pre-trial / trial.
11. What happens on the first day of criminal court in British Columbia?
On the first day, you want to ensure that you have the Crown’s Disclosure and the Judge will provide you and your lawyer an adjournment to review the Disclosure.