No matter how well you live your life, you never know if one day you may fall on the wrong side of the tracks. Intentionally or unintentionally, you may find yourself involved in criminal offences like assault, fraud, robbery or a DUI. Whether you are guilty or innocent, you should seek the proper defence you deserve. Therefore, before you plead guilty, you should consult with a good criminal lawyer in Toronto.

A criminal defense lawyer is a professional who has in-depth knowledge of the criminal code. The only way you can be defended successfully is to hire a lawyer who is experienced in the field and has a long track record of success. After he or she decides to handle your case, your lawyer will do the following: continue reading…

It’s no secret that drinking and driving is a serious situation both socially and legally. Operating a vehicle while under the influence of alcohol has the potential to destroy not only your life, but the lives of others who may cross your path at the wrong time.

Of course, it isn’t illegal for an adult with a valid driver’s license to have a drink or two and then drive. Many times, a drinking and driving charge results from your blood alcohol level being just a point or two over the legal limit, even though you may still feel fine.

If you are stopped after you’ve been drinking, and the officer suspects you may be under the influence, you do have options.

 Refuse the Breathalyzer

While refusing to submit to a roadside breath screening test or a Breathalyzer test at the police station is technically an option, it isn’t one that you want to explore. In Ontario, refusing these tests carries with it the exact same penalties as a conviction for impaired driving. Even if you feel that you might be over the limit, refusing the test is not something that you want to do.

 Exercise Your Rights

While refusing the breath tests is incredibly unwise, you do have rights. You have the right to refuse a ‘walk the line’ type of sobriety test at the scene. You also have the right to know why you’re being detained if the officer wants you to go back to the station for an official Breathalyzer test.

You always have the basic right not to incriminate yourself. This means you aren’t obligated to share the details of your evening with the officer. Don’t tell him when you started drinking, when you stopped, or how much you had before you got into the vehicle.

 Plead Guilty

If you blow over .08 on the Breathalyzer test, you do have the option to plead guilty to the charge. Some people feel that a guilty plea will speed up the inevitable and get them back on the road sooner.

Before you decide to plead guilty to drinking and driving, it’s important you keep a few things in mind. If you plead guilty and are convicted of impaired driving:

• You will have a criminal record
• Your license is suspended for one year
• You must have an ignition interlock device installed on your vehicle
• You will face jail time and a 3-year license suspension if convicted again in the future
• You will have to face any job-related consequences of not having a driver’s license

 Contact a Lawyer

As part of your basic rights, the officer who detained you must inform you that you have the right to speak with an attorney. Criminal lawyers who specialize in impaired driving cases are your absolute best bet at this stage of the game. Just because things don’t look too bright doesn’t mean there isn’t a light at the end of the tunnel.

Criminal lawyers who deal with impaired driving on a regular basis are experts. They see cases like yours all the time, and they know precisely where to look to build the strongest defence.

•  Did the police stop you for a valid reason?
• How did the officer ask you to use the roadside screening device?
• Was the device approved and calibrated properly?
• Did the police speak to you in a language you could easily understand?
• Were you given a real chance to consult with a lawyer in private while at the police station?
• Do you have evidence to show the results of any breath test were wrong?

Being stopped for drinking and driving can be a frightening situation for many people. Don’t refuse the mandatory breath tests and take advantage of your right to call a lawyer.

If you have been charged with a criminal offence in Canada, it is important to retain a criminal lawyer as soon as possible. Because a criminal conviction can be very serious and can affect the rest of your life, it is critical to have someone who knows the highly specialized area of criminal law representing your interests.

 Where to Find a Canada Criminal Lawyer

If you want to enlist the services of a criminal lawyer from a private law practice, one of the best resources is the Internet. The online directory Canadian-Lawyers.ca is a good site to search. You just have to use the “Find A Lawyer” search box which can be found on the right-hand side of the page. The site provides search tips and you can expand your search to cities that are in close proximity. When you do a search for criminal lawyers in your area, you will be shown a list of lawyers. You can learn more about each lawyer by clicking on the lawyer’s name or by clicking on the link that says “more info.” The “more info” link is located next to each listing. In the profile section, there should be a link to the lawyer’s website.

Going to individual lawyer websites will allow you to learn more about the lawyer, services offered, and the law firm itself. It is always a good idea to hire a Canadian criminal lawyer with an office in the place where you are facing a criminal charge.

What to look for in a Canada Criminal Lawyer

When researching criminal lawyers, take the time to review their biographies. Check to see if the lawyers have experience in the criminal law area you require. You also should hire a lawyer that has trial experience. In addition, check to see if they belong to any reputable legal associations. You can also do an online search to see if they have any law articles posted online. Check their Frequently Asked Questions web page as this page can provide answers to important questions or concerns you may have.

Another option is to check the online archives of your area newspaper to see if something has been written about the lawyers you are considering. You can also contact your provincial law society to find out if the lawyers you are researching are in good standing. In addition, ask for references as it can be very helpful to talk to others about their experience with a particular lawyer.

Criminal Lawyer Experience

It is a good idea to hire a lawyer with several years experience. It is especially helpful to have a lawyer that has a few years experience in your particular criminal charge. Some lawyers can specialize or note that they have a lot of experience in such areas as assaults, DUI, drug crimes, traffic offenses, sexual assaults, domestic assaults, or white collar crimes. It is also wise to hire a criminal lawyer that has a good working relationship with the Crown Attorney’s office because many criminal cases will result in a plea deal between the defence and prosecutor.

Criminal Lawyer’s Staff

A criminal lawyer will have a staff to help him or her with legal cases. You should make sure you are comfortable with the staff. The staff should be friendly, professional, and courteous. Often you will be dealing directly with the staff as criminal lawyers are very busy.

Cost of Representation

Criminal attorneys in Canada will charge by the hour or by a flat fee that is payable up front. Fees can be competitive so shop around. However, criminal lawyers with a lot of experience and have a solid reputation tend to be more expensive. Although, because criminal charges are very serious, it may be worth spending more and look at it as an investment in your future.

Hiring a lawyer is a very important decision when facing a legal problem. You need to ask questions that will provide you with real and accurate information you can use when the time comes for you to hire the right lawyer that meets your needs.

What types of cases does your law firm handle?

It is important to hire a lawyer experienced in your type of case. For instance, if you have been charged with a criminal offence, it would be to your benefit to hire a criminal lawyer rather than another type of lawyer such as a personal injury lawyer. Also, some lawyers have focused their practice on specific types of cases such as assaults, murder cases, DUI cases, etc. Choosing a criminal lawyer that has experience representing clients that have faced criminal charges like yours is very advantageous as the lawyer will have a complete understanding of the charges and know how to provide the best possible defence.

If the lawyer you choose does not have trial experience with cases that are similar to yours, the lawyer may miss something that could be very important to your defence. Also, if other lawyers/paralegals from the firm will be working on your case, make sure you ask about their experience.

How long have you practiced criminal law?

History is a good sign of experience. Many criminal law firms will make it known about their combined years of experience. However, you should hear details of the lawyer’s experience firsthand to make sure the lawyer has the experience you need for effective legal representation. Be very wary of promises that he/she can get you off without even reading any of the arrest reports, without looking at all of the discovery, and without talking to the prosecutor about the case.

How do I know if I have a strong case without spending a lot of money?

A lawyer will be able to evaluate the circumstances that resulted in your criminal charge and advise you of the possible outcomes.  Initial consultations are normally provided at a low cost or free of charge. A good lawyer should never pressure you to retain his or her services. In addition, the lawyer should be very open about the costs of representation. Ask the lawyer what rate he/she charges. Is it a flat fee or do they charge on an hourly basis? Also, ask whether the lawyer offers payment plans so you can determine whether the lawyer is willing to work with you and your budget.

Is the lawyer a member of any professional bar associations?

Find out whether the lawyer belongs to any professional bar associations. An attorney’s involvement with professional associations reflects the attorney’s commitment to their area of law.

How long will it take to resolve my case?

The answer will depend on certain factors such as: whether you will go to trial, attempt to have charges dismissed or reduced, or whether you negotiate a plea.

How often will I receive updates about the status of my case?

The lawyer should be able to tell you how he or she and the office operate from the beginning to the conclusion of a case. They should be able to explain to you how the legal process works and who will be working on your case. They should be able to explain who will be contacting you when there is news, the number of times you will meet to discuss your case, and who you can contact when you have a question. Ask how long it normally takes to respond to phone calls. Even if you talk with another person in the office, you should receive timely responses.

Have you ever worked as a prosecutor?

It can be beneficial to have someone defending you who knows what to expect from the prosecutor. Also, former prosecutors generally have more trial experience.

Client was charged with driving while having 80mgs of alcohol in 100ml of blood. The charge was dismissed after trial, as a result of successfully arguing that he was unlawfully arrested and the breath readings were excluded from evidence.