Criminal Defence Lawyer Near Me

Being charged with a criminal offence of any kind can be an extremely stressful, confusing and scary experience. This is especially true for those who do not have any experience with the justice system. Navigating virtual court, requesting and receiving disclosure and setting pre-trials can seem like a complicated process for many people. Having experienced counsel on your side can help alleviate a lot of the stress associated with being criminally charged.

Donich Law has experience defending a wide variety of criminal offences in the Greater Toronto Area and throughout the province of Ontario. We have represented clients in everything from minor thefts to complicated frauds and sexual offences. We regularly achieve favourable results for our clients by combining risk management and litigation strategies to defeat charges or secure favourable sentencing positions. We have defended those wrongfully accused of crimes as well as individuals arrested as part of large-scale police operations.

What will Happen if I am Charged with a Criminal Offence?

If the police have reasonable grounds to believe an individual has committed a criminal offence, they will arrest the individual and lay charges against them. The police may have reasonable grounds to arrest someone when they receive credible information that a crime has occurred, or where they witness a crime being committed. Generally, “credible information” can be as simple as a statement from the alleged victim. No additional evidence is necessary.

For example, in the vast majority of sexual assault cases, the only evidence against the accused is the statement of the complainant. To convict the accused, the complainant would be required to appear at trial and testify regarding the alleged assault. If the Court finds the complainant’s testimony credible and reliable, the accused may be convicted of the offence. This is true in most cases involving a complainant or victim. The only evidence required to convict the accused is the testimony of the complainant.

Once charged, the accused will either be released from police custody or held for a bail hearing. The police may hold someone for a bail hearing based on the charges, the accused criminal history, or any other concerns they may have regarding the accused’s release. Regardless of whether an individual is released by the police or held for bail, they will be placed on conditions until the case has concluded. The accused must abide by the conditions imposed on them for the duration of the case or until the court orders otherwise. Failure to abide by the conditions may result in the accused being taken back into custody and charged with a new criminal offence. In addition to the conditions of release, the accused’s release paperwork will also indicate the date, time and location of the accused’s first appearance court date.

When do I get Disclosure?

Once the accused is released from custody, nothing will happen with the case until the first appearance court date. It takes some time for the police to pass along the accused’s file to the Crown’s office, and for the case to be added into the Crown’s system. Once the case is uploaded into the Crown’s system, the Crown’s office will review the file and begin to prepare the disclosure package for the accused. The accused is entitled to any and all relevant information about the case that is in the Crown’s possession.

Typically, disclosure is received bit by bit, not at all once. Sometimes initial disclosure will be available even before the first appearance court date, though this is uncommon. In some cases, initial disclosure will be available at the first appearance court date, but not always. If it is not available at the first appearance court date, disclosure will be provided at some point thereafter.

While each jurisdiction has their own process for getting disclosure, all requests for disclosure should be made to the Crown’s office that is prosecuting the case. Requests can be made in writing by emailing the appropriate virtual Crown email address. A self-represented accused should email the virtual Crown’s office as soon as possible to make the request. While disclosure may take some time to be shared with the accused, making a request in writing early on will help move the matter along more efficiently.

Where the accused has retained counsel, counsel will make a request in writing to the Crown’s office. Retaining counsel even before a first appearance court date will help ensure disclosure is received promptly. Disclosure will then be provided directly to counsel, who may then review it with the accused.

What Happens at a First Appearance Court Date?

A first appearance court date is the first time the accused will appear in court to address the charges that have been laid against them. The accused may appear on their own, or if they have retained counsel already, counsel may appear on their behalf. Not much happens as the first appearance court date. The accused’s matter will be called, and the court will inquire as to whether the accused has hired counsel. The Crown may provide the accused with an update on the disclosure package. Any other administrative issues will be discussed, and the matter will be adjourned to a new court date. Typically, the new court date will be around four to six weeks out.

It is important to note that the accused will not be asked to plead guilty or not guilty at the first appearance. They will also not be asked to make any decisions in the case, aside from retaining counsel. While not necessary to have counsel during a first appearance court date, it does allow the accused’s matter to be called more quickly, and for the appearance to proceed efficiently. If the accused has not retained counsel by their first appearance date, they may simply let the court know, and ask for more time to hire a lawyer. The Court will provide the accused with time to do so.

Tips for Attending Set Date Court Appearances

After a first appearance court date, the accused’s matter will be adjourned to a new date about four to six weeks after the first appearance date. Court appearances following the first appearance date are known as set date appearances. These appearances are mostly administrative, and function as a check in with the court. During set date appearances, the accused and Crown will update the court on the status of the case. These appearances ensure there is some court oversight to ensure the case moves along efficiently. Set date appearances will continue to be set until the case has concluded.

Be Prepared for Long Wait Times

While set date appearances themselves are quite brief, generally only a minute or two, accused individuals should be prepared to wait a significant amount of time before their matter is called. Court appearances are scheduled at the same time for everyone for the most part. For example, all first appearance court dates in a certain jurisdiction will be set for 2:00 p.m.

For regular set date appearances, the majority of courthouses have a 9:00 a.m. docket. This means that everyone scheduled for a set date on that particular day in that particular courtroom will be ordered to appear at 9:00 a.m. In busier jurisdictions, there can be hundreds of people on the docket for any given day. This means that accused’s will have lengthy wait times before their matter is eventually called. In some cases, an accused ordered to appear at 9:00 a.m. could be waiting all day for their matter to be called.

Counsel Matters are Called First

As noted above, typically all individuals whose matters are up in a particular courtroom on a particular day will be ordered to attend at the same time. This means that sometimes there are hundreds of individuals told to appear at 9:00 a.m. The matters must be dealt with one by one, which means most people will be waiting for a significant period of time.

It is important to note that in the vast majority of Ontario courtrooms, counsel and agent matters will be called before self-represented individuals. This means that self-represented individuals will typically be waiting longer than anyone else for their matter to be called. Retaining counsel prior to attending court will significantly reduce the amount of time the accused is waiting in court.

Many jurisdictions now utilize counsel sign-up sheets, which means counsel can sign up on a list the night before the appearance. The Crown in court will then call the list. This allows counsel who have signed up on the list to be called expeditiously, significantly reducing wait times. Additionally, once counsel has been fully retained, they may file a document called a designation with the court to allow the lawyer to appear on the accused’s behalf. This will allow the accused to avoid attending set date appearances altogether unless ordered by the court.

The Appearance will Move Quickly

As noted above, once an accused’s matter is called, the appearance itself will be very brief. A typical set date appearance will last one a minute or two. While this is an opportunity for the accused and Crown to update the court on the case, it is not an open forum to discuss any outstanding issues. An accused should be aware that the Crown in court is likely not the Crown assigned to their file and will not have any real information on their case. The court will typically not permit discussion of the details of the case during set date appearances. If an accused has questions about their case, they should reach out to their counsel. If an accused is self-represented, they may reach out to the Crown assigned to their case to ask questions. Where an accused requires legal advice, they may also speak with duty counsel.