Criminal Law FAQ
I’ve been charged with a crime. What do I do now?
If you have been charged with a crime, you should consider retaining a lawyer as soon as possible. You can retain a lawyer privately, or through legal aid if you qualify. For more information about legal aid, see this blog post.
How can I hire Collett Read to represent me?
If you want to hire Collett Read to represent you, you can call our office at 905-541-2228 or fill out an online consultation request by clicking the “meet with us” box at the top of the page. Our office will conduct a free and confidential intake with you, after which you will receive a free consultation with one of our lawyers. If you wish to retain us, you will also be given a quote at that stage.
What are my rights if I’ve been accused of a crime?
Individuals accused of crimes have many rights in Canada. Most importantly, you have the right to be presumed innocent, the right to a fair trial, and the right to see the evidence the Crown will use to argue their case at trial.
What happens if I end up with a criminal record?
A criminal record can have serious consequences. It will come up on a criminal record check and may have consequences on your employment. It may also limit your ability to travel outside of Canada and can have immigration consequences for those who are not Canadian citizens.
However, you can apply to have your criminal record suspended. To learn more about criminal record suspensions, see this blog post.
What do I do if I'm facing drug charges?
If you are facing drug charges, it is important that you retain a lawyer as soon as possible. At Collett Read, we have numerous lawyers who are experienced in handling drug charges. If you want to hire Collett Read to represent you, you can call our office at 905-541-2228 or fill out an online consultation request by clicking the “meet with us” box at the top of the page.
What's involved in a criminal investigation?
The nature of a criminal investigation will vary greatly depending on the allegations and specific circumstances of each case. The police will frequently attempt to obtain statements from complainants, witnesses, and accused individuals. They may also seek surveillance video or pursue search warrants. These warrants can be for physical spaces, such as homes or cars, or digital information, such as the contents of a computer or cell phone.
Are my criminal charges public record?
Court documents are generally a part of the public record. As such, the fact that you have been charged will generally be public information. However, there are exceptions if you are a young offender (an individual who was under the age of 18 at the time of the offence) or if there is a publication ban.
Can my criminal charges be dropped without going to trial?
Not all criminal charges go to trial. You may choose to plead guilty to the offences you are alleged of committing, to a lesser charge, or to a lesser quantity of charges. If the Crown attorney does not believe that they have a reasonable prospect of conviction in your case or believes that prosecuting you is not in the public interest, they may choose to withdraw your charges. Further, if your constitutional rights were breached, you may be able to have your charges stayed.
If you want to avoid facing trial for your charges, it is essential that you retain a good lawyer to evaluate your case and negotiate with the Crown attorney. At Collett Read LLP, our experienced team of criminal defence lawyers at Collett Read LLP is here to assist you. We will thoroughly examine the specifics of your case, review the evidence presented by the Crown, and vigorously advocate on your behalf. Our goal is to ensure a fair and just legal process while protecting your rights every step of the way.
How do criminal appeals work?
Criminal appeals take place after you have received a decision at trial. If you are found guilty and wish to appeal that decision, you will usually have 30 days to submit the appropriate documents to initiate the appeal. In Ontario, the appeal will take place either in the Superior Court of Justice or the Court of Appeal, depending on whether your trial was held in the Ontario Court of Justice or Superior Court of Justice.
How do I prepare for my first meeting with Collett Read?
Prior to your first meeting with Collett Read, communicate with your lawyer to ask if they expect anything of you. In most cases, they will simply ask that you attend the meeting at the scheduled time and engage in the conversation that they wish to have with you. The nature of this conversation will change depending on the case and the sage it is in, but it will frequently involve reviewing the evidence with you and assessing your options so that you can decide how you wish to proceed with your case.
How do I prepare for my court appearance?
Prior to your court appearance, you should decide whether you want to appear by Zoom or in person. Depending on which you chose, you should ensure that you know either the address or Zoom coordinates for your appearance. All of this information will be listed on the Ontario Courts website.
If you appear by Zoom, you must ensure that you have a functional microphone and camera.
Regardless of whether you appear by Zoom or in person, the same courtroom decorum applies. You should be dressed appropriately and address the court with respect. Drinking, eating, smoking and the wearing of non-religious head or face garments is not permitted.
I've been charged with a DUI. How can Collett Read help me?
At Collett Read, we have numerous lawyers who are experienced in handling impaired driving charges. If you want to hire Collett Read to represent you, you can call our office at 905-541-2228 or fill out an online consultation request by clicking the “meet with us” box at the top of the page.
I'm being accused of assault. How can Collett Read help me?
At Collett Read, we have numerous lawyers who are experienced in handling assault charges. If you want to hire Collett Read to represent you, you can call our office at 905-541-2228 or fill out an online consultation request by clicking the “meet with us” box at the top of the page.
Do I have to appear for a set date?
If you have a lawyer, you may not have to appear in set date court. You may be able to sign a designation, a document which gives your lawyer permission to appear on your behalf. At Collett Read, we provide designations for all our privately retained clients, and they are not required to attend set date court unless they wish to do so. However, you will still have to appear for substantive appearances, such as motions, trails or guilty pleas. Your lawyer will let you know in advance if you are required to attend court.