I am Innocent! Do I need a lawyer?
Que to lawyers everywhere shouting that YES – even if you are innocent of a crime, if you have been charged, you need to hire a lawyer. A criminal offence is a serious matter, and typically, law enforcement will not arrest and charge you unless there is believed to be reasonable grounds. However, there are many individuals who have been and continue to be charged and even convicted of crimes they did not commit.
How does an innocent person get charged with a crime?
If you are innocent of the crime you have been charged with, something went seriously wrong during the criminal investigation process. There are a number of errors that might occur during a criminal investigation that may lead to you being incorrectly accused of a crime.
False accusation: In many cases, you may be charged with a crime you are innocent of due to a false accusation. This can be a result of multiple different circumstances: an eyewitness may have accidentally identified you, someone may have given a false account of the crime, or someone may be lying about you and your involvement. Whatever the reason, a lawyer will work with you to bring this accusation into question during legal proceedings.
False confession: In some cases, individuals will be persuaded by law enforcement to give a false confession or will plead guilty to a lesser sentence, even when they are not guilty. If this is the case, you have options. Speaking to a lawyer will help you understand those options.
Bias and discrimination: Unfortunately, biases and discrimination can lead to an innocent person being convicted of a crime. In certain cases, law enforcement can become focused on one individual instead of assessing all possibilities in the case. In other situations, stereotypes or an individual’s past can be used against them in a criminal investigation, leading to a wrongful conviction.
Errors in forensic science: As forensic science has become an increasingly important component of criminal investigations, the room for error increases. Science is not always perfect, and mistakes do happen. If you are being asked to give a DNA sample or provide something for forensic testing, it is important to speak with a lawyer to ensure your rights are being protected.
Do I need to prove my innocence?
In Canada, an individual is “presumed innocent until proven guilty”. This is an important element of Canadian Criminal Law, as it means that the Crown must provide sufficient evidence in court to prove that the individual accused of the crime is guilty.
The crown must prove the person is guilty beyond a reasonable doubt. While this seems straightforward, the actual practice of this is much more nuanced. The Crown will have evidence to support their claim, whether you are innocent or not. If this evidence is compelling, and you do not have a lawyer to help question the validity of the Crown’s evidence, there is a good chance a judge or jury may find you guilty.
If I don’t hire a lawyer, what are my options?
Although we highly recommend that you hire an experienced criminal lawyer, you are not required to do so by law. In the case you cannot afford a lawyer, you are able to apply for legal aid, which will provide you with a lawyer. Should you get denied legal aid, there are numerous other government-funded or charitable legal organizations that may be able to provide you with a lawyer. While this is an amazing resource for those who cannot afford a lawyer, the truth is that these lawyers are often working with multiple clients and may not have the time to give you or your case the attention it needs.
If you choose not to hire a lawyer or apply for legal aid, you may also represent yourself in a court of law; however, without a strong understanding of criminal law in Canada, court proceedings, or legal strategy, this decision could be detrimental to your case.
Although the decision is ultimately yours, if you are innocent of the crime you are accused of and you have the means to hire a lawyer, we recommend that you do so as soon as possible.
Top 3 Reasons to Hire a Lawyer:
If you still remain unconvinced that you need a lawyer, we have compiled the top 3 reasons that you should hire a lawyer.
To understand the Criminal Code of Canada and your Charge
Criminal lawyers have years of experience through both education and practical experience in the practice of criminal law. They have an in-depth understanding of the Criminal Code of Canada and applicable defences and can explain the charge you are facing, the potential consequences, and the best legal strategy to prove your innocence.
To protect your rights
If you have been arrested, there are rights that you are guaranteed, both at the time of the arrest and in all the following phases of the criminal proceedings. If any of these rights have been violated at any point, your lawyer will take action to ensure your rights have not been infringed on and that you receive a fair trial. In some cases, a violated right may even lead to a mistrial – so working with someone who truly understands the criminal justice system and your rights within it is essential.
To present your case and evidence effectively
Once your matter progresses into the trial preparation and trial phase of the criminal proceedings, a lawyer will be one of your case's biggest assets. Criminal lawyers will work to investigate your case and gather evidence that either disproves or calls into question the evidence the Crown will be presenting. They will develop a legal strategy and ensure you have all the necessary information prior to attending court.
In addition, they will work with you to prepare you for court, they will work with you to understand courtroom procedures, and they will guide you throughout the trial process.
Criminal proceedings are not easy to navigate; there are technicalities and procedures that require an experienced, organized, and knowledgeable lawyer who will work with you, the opposing counsel and the courts to move your matter toward a positive resolution.
How can RSG Law Criminal Lawyers help?
Criminal lawyers at RSG Law are experienced in working with clients on a range of criminal proceedings. RSG Law provides meticulous attention to the details of your case; we review every piece of evidence and work to create a legal strategy that is tailored to you and your case. Our lawyers are tireless in their pursuit of justice – they will do everything in their power to ensure that your legal rights are protected, and that the truth is brought to light.
Learn more about our criminal Law services.