We provide a free initial consultation.
Despite what you hear and read about criminals not being
punished severely, if you are charged with committing a crime you must not treat
it lightly. Seeking proper legal advice is your first step. Any
criminal offence is considered serious by the Canadian Justice System.
Far too many people discover that when it is already too late.
You can be charged with a Summary Conviction
Offence, which carry a maximum punishment of 18 months in jail,or a fine of up
to $5,000 or both. An Indictable Offence charge carries a maximum sentence of
either 5, 10, 14 years, or life in jail. For example, theft under $5000.00 is a Summary Conviction Offence, while theft over $5000.00
is an Indictable Offence. Theft is a Hybrid Offence because it can be charged
either way.
If you are convicted of a summary conviction
offence as an adult, you are eligible for a pardon three years from the time
you complete your sentence. For an indictable offence, you must wait five
years before pardon eligibility.
Some examples of Summary offences:
Making harassing telephone calls
Threats
Disturbance
Trespassing
Communicating to obtain the services of a prostitute
Taking a motor vehicle without the owner’s consent
Theft under $5,000.00
Causing a disturbance
Breach of probation
Under The Canadian Charter of Rights and Freedoms you have
critical rights that you should exercise immediately upon arrest. Your
most important right upon arrest is to be immediately advised of your right to legal representation.
Remember, it is not likely that you'll talk your way out
of being charged or being released on bail. In other words, it is better
to keep your mouth shut, other than asking for legal representation.
The lawyers who work with GTA Legal Services will
not only work to keep you out of jail but also work to prevent you from getting a
criminal record.
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Some Definitions:
Absolute Discharge
When the judge has found you guilty of an offence but decides that you should not be punished.
Acquitted
When the court finds you not guilty.
Adjournment
When the judge postpones the matter before the court. The time may be used to prepare a report, get a lawyer, or prepare for trial.
Affidavit
A written statement or declaration of facts that are sworn or affirmed to be true.
Bail Hearing
A hearing where the prosecutor* must show the judge why you should remain in detention*. But if you are charged with a very serious offence, or you are out on a release already, your lawyer may have to show why you should not be detained until trial.
Complainant
A person who brings a legal complaint against another; may include the victim of an alleged criminal offence.
Contempt of Court
Conduct that defies the authority or dignity of a court, including disobeying a court order.
Crown Attorney
A lawyer who acts as an agent of the Attorney General in civil lawsuits; a lawyer who prosecutes criminal matters on behalf of the Crown.
Defendant
A person sued in a civil proceeding or accused in a criminal proceeding.
Diversion
In criminal law, removal of a case from the usual process. The police or Crown attorney may divert a case if certain conditions are met. There are various formal and informal pre-charge and post-charge diversion programs. Some of these are also referred to as extrajudicial measures or sanctions.
Ex Parte
Latin term, meaning made in the absence of the opposing party. In certain circumstances, applications or motions brought by a party may be heard without notice to the other party.
Garnishee
A third party who owes money to a debtor, but must instead pay it to the court (or in family law cases, to the Family Responsibility Office), to the benefit of a creditor.
Motion
A process used to make a request to a judge for an order, either before, during, or after a trial or other proceeding.
Notary / Notary Public
A person with legal authority to prepare and verify specific legal documents. A notary need not be a lawyer, and not all lawyers are notaries.
Perjury
An intentional lie given under oath or affirmation, either in person or in writing. It is a criminal offence.
Plaintiff
A person who commences an action.
Prosecutor
The person who will present the evidence* against you in court. He or
she may be an experienced police officer, a trained lawyer, or some
other person. They are also called the Crown or Crown Attorney.
Tort
A civil wrong, other than breach of contract, for which a remedy may be obtained, usually in the form of damages.
Waive
To abandon a right or to refrain from insisting on a right or a formality.
Warrant
A judicial order directing a peace officer to do something such as arrest someone, search or seize something, or enforce a judicial order.
Arrest Warrant
A document authorizing the police to arrest an individual where the court orders it.
Bench Warrant
An order issued by a judge to a police officer for the arrest of a person who has failed to appear, or remain in attendance, at a hearing or trial. Bench warrants are a form of arrest warrants.
Discretionary Bench Warrant
In circumstances where a person does not appear in court, the court may extend a courtesy by issuing a bench warrant "with discretion". The matter is adjourned to a future date and, if the person appears at that time, the warrant is cancelled.
Executed Warrant
A warrant that has been carried out.
Search Warrant
An order issued by a justice under statutory powers, authorizing a named person to enter a specified place to search for and seize specified property which will provide evidence of the actual or intended commission of an offence.
Unexecuted Warrant
A warrant that has not been carried out.
Warrant of Committal
An order requiring that a party be committed to prison for a specified period of time.
Warrant for Witness
A document requiring that police arrest a person who has failed to appear as a witness as ordered.
