What Happens When I Retain a Criminal Lawyer?
Criminal law covers a broad array of offences in Canada, and if you are charged with one of these offences, the consequences can be severe. If you have been arrested, it is important that you find and retain a criminal lawyer for your case as soon as possible. Following your arrest, you need to appear before a judge within 24 hours to determine the conditions of your bail. Ideally, you will arrange for legal representation prior to the bail hearing; however, if 24 hours does not provide time for you to find legal representation, you will be able to obtain legal representation following this court appearance.
Facing a criminal offence can be scary, and finding a lawyer in a short time span can feel daunting. However, the impact of a criminal offence on your life can be detrimental and working with a lawyer as soon as possible is essential to safeguarding your future.
What is a criminal lawyer?
A criminal lawyer is a legal professional with experience representing individuals and organizations who have been charged with a crime outlined in the Criminal Code of Canada. A criminal lawyer’s role is to ensure that the rights of the accused are protected and that they receive a fair trial.
A criminal lawyer will also work to minimize the charges against you or, in case of a guilty verdict or plea, will help to reduce the sentencing time or legal repercussions you face.
How do I retain a criminal lawyer?
Retaining a criminal lawyer is a relatively simple process, but in the case of a criminal offence charge, you may need to move quickly. Despite the need for speed in these cases, it is important to do your due diligence before choosing a criminal lawyer to ensure you are hiring a legal professional with the right expertise to support you.
Step one: Typically, you attend a free consultation where you determine if the firm and lawyer are the right fit for you and your case. This is your time to ask questions about the lawyer’s experience, credentials, and approach to their work – don’t let this go to waste.
Step two: Once you have decided to move forward with a specific lawyer, the next step is to enter into a retainer agreement. A retainer agreement enables the lawyer to act on your behalf; this agreement will detail key elements of your legal arrangement, including the legal services the lawyer will be providing, the associated fees, the circumstances surrounding how and when the legal relationship can end, and other important information.
Step three: Once you have read over the retainer agreement and are comfortable with the arrangement, you will sign the agreement and the lawyer will begin working on your defence.
What happens after I retain a lawyer?
Once you retain a lawyer, the criminal court proceedings will move through the following phases:
Case Management Court Appearances:
At this point in the criminal proceedings, you will attend court to discuss and arrange the next steps for your case. You will have to provide a letter or proof of legal representation, will be given access to the disclosure, which is the evidence and information the crown has collected on your case, and will also potentially schedule pre-trial and trial appearances.
Following this, your lawyer will work with you to collect evidence and prepare disclosure to support you and your case.
Pre-Trial:
Prior to the trial, your lawyer may potentially meet with the judge and crown to discuss the case, resolve any issues prior to trial, and even attempt to settle the matter before it goes to trial. These are referred to as the Crown Pre-Trial (CPT) and the Judicial Pre-Trial (JPT). Should negotiations succeed, you may move into your guilty plea and sentencing; if negotiations do not succeed, you will progress to trial.
Trial:
Assuming you do not come to a resolution during the pre-trial discussions, your matter will move to trial. If the charges against you carry a severe sentence, the matter will be heard at the Superior Court of Justice. In this circumstance, there may be a preliminary inquiry where the judge determines if the matter warrants going to trial at the Superior Court of Justice.
Following the trial process, it will be decided if you are guilty or not guilty based on the evidence presented. Should you be found guilty, the judge will sentence you depending on the stipulations related to the charge.
Appeal:
Should you disagree with the outcome of the trial, your lawyer can help you with the appeal process. Appeals are typically heard in different courts, and a lawyer will help you understand how to navigate the appeal process and your options.
Choosing a lawyer: Consider an RSG Criminal Lawyer
A looming criminal offence charge is a big deal. From lengthy prison sentences to a criminal record, a criminal offence can impact your life in ways you may not even understand. That is why working with a criminal lawyer is essential.
At RSG Law, we apply creativity and tenacity to every matter we handle. Our criminal lawyers bring experience and ambition – they will act as fierce advocates for you, working to position your case in the best possible light and to minimize the impact it may have on your future.
If you have been charged with a criminal offence, contact an RSG Criminal Lawyer for a free consultation.
