Frequently Asked Questions

Upon being charged and released by police the accused will receive a ‘Promise to Appear’ notice. This creates a legal obligation on the accused to appear at the courthouse on the particular date and time indicated.

On your first appearance in court, you will receive disclosure from the Crown.  'Disclosure' summarizes the investigation that took place with respect to your charge. You will be given the opportunity to review the disclosure prior to making any decision with regards to your case.  It is not advisable to make any decision on your first appearance.

You have 7 days to appeal a 90 day administrative driving prohibition. If you don’t appeal then you will be deemed to have accepted it. If you are successful on the review, you will get a return of the application fee as well as the reinstatement of your driving privileges.

What is the outcome if I am found guilty of Impaired Operation, ‘Over 80”, or Refusing to Provide a Breath Sample?

It is absolutely critical that you comply with all of your bail terms. If you breach any of the conditions of your bail, you will be detained and it will be much harder for you to make bail a second time.

You should only ever plead guilty if the following factors are present. You are:

The initial consultation is free of charge. The cost will, of course, be based upon the nature of the case and how much time counsel will need to prepare for trial and attend court. This will require review of disclosure provided by the Crown first, in order to make a meaningful determination of the time necessary for trial preparation and actual trial date(s), as the case mandates.

I appreciate the difficult financial situation one is thrust into when charged with an unanticipated criminal offence. In the event that you do not meet the criteria to obtain legal aid the financial burden of hiring counsel can be paralyzing. Even with a minor criminal charge there are potentially serious consequences in terms of a criminal record, driving suspension, a large fine, and potentially a jail sentence. If you decide not to retain a lawyer, it is unlikely that you will get comparable results acting as your own lawyer.

Knowing your rights upon arrest is crucial. The Charter of Rights and Freedoms safeguards these rights under section 10.

Upon arrest or detention, everyone has the right:

At a bail hearing the court will decide whether you may be released into the community while dealing with your current charges. The court will decide based on a number of factors, specifically whether you will attend court when required, that there is no risk to the community upon release, and whether the community would not be seriously offended by your release.

A trial is intended to give all parties the opportunity to be heard in court. Both the Crown and defence lawyer call evidence with the aid of witnesses and exhibits. The Crown must prove beyond a reasonable doubt that a crime occurred and that the person charged did indeed commit the crime. The judge and/or jury will review all the evidence and conclude with a guilty or not guilty verdict. The trial may also conclude in a stay of proceedings.

The Crown may withdraw charges at any time (during pre-trial discussions or at trial) where it is believed that there is no reasonable likelihood of conviction or it serves the interest of justice to do so.