Looking for a Criminal Defence Lawyer in Kitchener? Start With a Free Consultation
Being arrested for a crime, having been charged with committing a criminal act, or even having police contact you can be daunting when this takes place in Kitchener. Consulting with an experienced criminal defence lawyer is something that may help you realize what your current obligations are.
The initial meeting will allow you to explore these issues further.
You can contact a criminal defence lawyer in Kitchener before your first court appearance or while a police investigation is ongoing.
When you have conditions of release, an upcoming court date, or worries about further police questioning, the time of your consultation could be especially critical.
When Should You Contact a Criminal Lawyer in Kitchener?
There is no need to wait for your first hearing to talk to a criminal lawyer.
In certain cases, you might benefit from consulting a criminal lawyer at different stages of the proceedings.
After Being Arrested or Charged
If you are arrested by the police, your right to retain and instruct counsel without delay is guaranteed under section 10(b) of the Canadian Charter of Rights and Freedoms.
The police are usually required to give a reasonable chance to contact counsel except where there are legitimate legal exceptions.
If you have been released from arrest, check out the papers that were given to you and see if you have any conditions or appearances to make.
A lawyer will help explain what the papers are all about.
During a Criminal Investigation
Obtaining legal counsel would be beneficial should the police speak to you regarding any matter where you have not yet been charged with any offense.
Legal counsel will be able to advise you on your legal rights and obligations under the circumstances, which may include whether you must divulge certain information.
It is not advisable for you to assume that all questioning by the police is voluntary.
The Canadian Charter of Rights and Freedoms outlines constitutional protections, including rights relating to arrest, detention, and legal counsel.
What If You Have Been Released With Conditions?
It is sometimes the case that individuals who are accused of committing criminal acts are let out of prison under certain conditions.
These conditions include limitations on where you can go, to whom you can speak, and the type of activities that you carry out.
Common restrictions may include:
- No-contact conditions: Prohibiting direct or indirect communication with specified individuals.
- Location restrictions: Preventing attendance at particular addresses or areas.
- Weapons restrictions: Prohibiting possession of specified weapons.
- Reporting requirements: Requiring contact with a designated authority.
- Residence conditions: Requiring an accused person to live at a specified address.
The exact conditions depend on the release document and the circumstances of the case.
What If a Release Condition Affects Your Employment or Family?
A no-contact order will restrict you from communicating with a family member or colleague.
A location restriction order will impact your capability to go to work or get back home.
Do not disregard the order as it is a practical problem.
Although another individual consents to contacting, the agreement does not automatically mean the cancellation of the order since it is legally binding.
It is best to consult a criminal defence lawyer to check on the order and determine whether an official variation should be filed.
The process of varying the order depends on how it was made.
Violating a valid release order can lead to further criminal charges.
What If Your First Criminal Court Appearance Is Approaching?
In case you are served with an appearance notice, a summons, an undertaking, or a release order, verify the date and place for your next court appearance.
Criminal cases related to Kitchener may go through Ontario Court of Justice within the Waterloo Region.
But you should depend on court information mentioned on your documents.
Before your appearance:
- Confirm the date, time, and courthouse.
- Review any instructions about attending in person or remotely.
- Keep your release documents available.
- Check whether Crown disclosure has been provided.
- Ask your lawyer whether any action is required before the appearance.
Your first appearance is not necessarily a trial. It may involve confirming representation, addressing disclosure, or scheduling further proceedings.
The Ontario Court of Justice’s criminal court information explains court procedures and provides resources for people facing criminal charges.
Missing a required court appearance without a lawful excuse may result in serious consequences, including additional charges or a warrant.
What Should You Do If Police Contact You Again?
The police can get in touch with you following an investigation, arrest, or release.
It may ask for another interview with you, inquire from you about an event that has happened, or ask you about others.
In case of being asked to do an interview with you, it is wise if you get some advice from a lawyer regarding your legal rights.
Should you be detained or even arrested again, tell them you would like to talk to your lawyer.
Do not delete emails, tamper with any evidence, try to talk with witnesses or get involved in the investigation.
The Department of Justice Canada’s criminal justice resources provide additional information about criminal law and the Canadian justice system.
Legal advice can help you distinguish between information you are required to provide and questions you may have a right not to answer.
Frequently Asked Questions
Can I Consult a Criminal Lawyer Before Being Charged in Kitchener?
Yes. You can get legal advice even when there is an ongoing police investigation but no criminal charges have been filed against you. An lawyer will help you understand your rights and provide guidance on how to handle police contact.
Can a Criminal Lawyer Help Change My Release Conditions?
Your criminal lawyer can examine your release documentation and determine if a variation is possible. The process will depend on the kind of release and how the conditions of the release were made. You have to follow the current conditions until they are legally varied.
