You are formally charged with a crime in Canada after an information is sworn before the court.
An information is a charging document which states all of the charges against you, and provides details regarding where and when they allegedly occurred. If this information is laid, but you have not been yet arrested by the police, there may be a warrant issued for your arrest.
If you are arrested, you may be released in a number of different ways, which include:
- Appearance Notice
- Promise to Appear
- Recognizance
The police may also hold you for a court appearance in order to determine the question of bail. A bail decision is made by a Judge or Justice of the Peace, who will have the ability to consider a bail plan and determine the best course of action. A judicial official can also order that you remain in custody until your matter is heard by the court. What is Bail?
Regardless of how you are released, you will receive documents from the police which will contain important identifying information, outline any requirements that have been placed onto you, and will contain your next court date.
Although you are presumed innocent when you are charged with a crime in Canada, limitations may be placed onto your freedom until your matter is resolved, which commonly include not being in contact with a particular person, or not going to a particular location. Regardless of whether or not you are innocent, you must comply with the obligations and information within these documents. You can be charged with further offences if you fail to do so.
If you have been charged with a crime the most important step to take is hiring a criminal defence lawyer as soon as possible!
A criminal defence lawyer will be your navigational aid and point of contact through the whole criminal process. It is in your best interest to do this as soon as possible, as there are important steps that a lawyer needs to take in order to be able to represent you and advocate for your interests. The legal system is complex. Attempting to navigate it yourself and self-represent is not recommended if you do not have legal training.
Hiring a lawyer at Collett Read means having access to a team of trained professionals who will work on your case on your behalf. From the moment of your arrest to the end of your trial, and everything in between, we will be on your side to ensure that you have a fighting defence and achieve the best outcome possible. Your questions will never go unanswered, as we are available 24/7 to speak to you.
