Tag: Edmonton

Criminal Defence Lawyer Job

Persons charged with a criminal offence, particularly those charged for the first time, will often face a great deal of stress and uncertainty as they are forced to navigate the complex and unfamiliar court system. Even people who have been through the system before, even many times, do not necessarily understand the criminal process. Hiring a criminal lawyer is the most important decision that an individual in these circumstances can make.

Criminal Lawyer Job EdmontonMost people are surprised when they find that it will take months, at a minimum before they can have a trial to contest the charges that they are facing. They are also surprised that they must face restrictions on their liberty in the form of bail conditions while they wait for trial. Further, if they breach any of the conditions of their release, they could be detained and face further criminal charges.

 

Individuals who are charged with a crime, from minor summary conviction matters, to the most serious offences, face tremendous difficultly throughout the entire process. They are faced with the tremendous resources of the state which are utilized for the purpose of obtaining their conviction. They need frank advice about the different legal issues that are engaged in their case as well as the strengths and weaknesses of the crown’s case and the likelihood of conviction or acquittal. Those who have been convicted require advice about whether or not the trial judge has made an error and if there is a possibility of having their conviction overturned on appeal.

 

It is essential for the accused to have competent representation from the outset. The criminal process starts from the date of arrest. Quality representation is necessary to ensure that the accused has the best possible chance at bail. Legal Justice Case-Criminal judgeWhether or not an individual is released post-arrest can have a huge impact on how successful that individual is in dealing with their charges. An accused who is out of custody is less likely to plead guilty because they will spend more time waiting for trial than they would if they plead guilty early on. Further, an accused who is out of custody may be in the best position to locate witnesses. Lastly, it is much easier to meet and communicate with counsel when one is free to attend at their lawyer’s office as opposed to in custody accused who are limited to when their lawyer is able to find time to visit the jail.

Whether or not to plead guilty is the next important decision that an accused must make. Once disclosure is received, the accused, with the assistance of counsel of course, will be able to make a realistic decision about the strength of the crowns case and the likelihood of conviction at trial as well as any weaknesses or problems with the crown’s case. Sometimes, it is possible for the accused’s lawyer to negotiation a resolution with the crown attorney/prosecutor that involves a withdrawal of the charges. However, withdrawals are generally for less serious offences and where the accused has little or no criminal history. It is important for the accused not to succumb to the unrealistic expectation that that their charges will simply be “thrown out” (a term used by unscrupulous lawyers to give their client’s false hopes) because their friends or other self-styled “experts” tell them that this will happen. It is entirely within the discretion of the crown as to whether or not they will proceed to trial. If so, the accused must be prepared for a trial.

 

Generally speaking, most people do not want to have a criminal record, either for employment or travel purposes. At times, even with a plea of guilty or a conviction, it is possible to avoid a criminal record by having a judge impose an absolute or a conditional discharge. Again, this type of scenario is reserved for less serious offences, so it is important to discuss your concerns about the possible repercussions of a criminal conviction with your lawyer .

 

Further, their may be immigration consequences to a criminal conviction. If you are not a Canadian citizen, it is important to discuss what impact the criminal charges will have on your immigration status. In my experience, although most criminal lawyers have a rudimentary knowledge of immigration law and the interplay between criminal and immigration law, it is preferable for the accused to seek the advice of an experienced immigration lawyer to learn the full spectrum of possible outcomes that a conviction can have on their immigration status. Fortunately, I work closely with Eric Shawar, a lawyer with extensive immigration experience. In my opinion, his experience has proven invaluable in getting the complete picture where there are possible immigration consequences for an accused.

Criminal Law

Individuals charged with an offence need competent representation from the outset.  First off, dealing with bail promptly ensures, assuming the accused is released, minimal disruption in the life of the accused pending trial (the time taken to reach trial can be substantial).  Further, each step on the way to trial or resolution is significant and can have an impact on the outcome for the accused.  How quickly counsel moves the matter forward, whether or not to request additional disclosure, identifying possible defences, deciding whether or not Charter breaches have been made, etc. are all significant.

In addition to knowing the law, the skill and experience that a lawyer develops over the years in terms of how to navigate the criminal justice system are also beneficial for his client.  The ability to negotiate with the prosecutor, how to ‘read’ certain judges and picking the appropriate battles have as much, if not more impact on the final result in a given case than simple knowledge of the law.

Shawarlaw.com Edmonton Criminal defence

Criminal convictions can have ramifications in other areas of an individual’s life as well.  There can often be civil, regulatory, immigration, insurance, employment, matrimonial or other consequences.  Any defence of a criminal charge should be made with these potential ripple effects in mind.  One reason why an accused cannot simply plead guilty to an offence is because of the potential consequences outside of those prescribed under the Criminal Code.

People who are seeking a criminal lawyer (or any other type of lawyer for that matter) should not be taken by the bravado and slick salesmanship of certain members of the bar.  At times, lawyers will virtually promise that charges will be “thrown out” (which is inherently misleading because it can mean a number of things) or confidently assure the client that an acquittal is likely, before they are fully familiar with the case.  I personally believe that a lawyer should try to discuss all the issues in a given client’s case in a straightforward and honest manner and not be afraid to advise the client as to what their chances of success are, even if those chances are slim.

The sharp employ the sharp; verily, a man may be known by his attorney.

Douglas William Jerrod – Reported in Bartlett’s Familiar Quotations, 10th ed. (1919).

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