Toronto Criminal Lawyers – Facts and Myths

If you’re browsing through webpages and reviews of Toronto Criminal Lawyers in your search to retain one, this is an article that might help you with your search.  I provide 7 facts and 7 myths surrounding Toronto Criminal Lawyers which may be of assistance to you.

Fact – You May Not Have to Pay for a Toronto Criminal Lawyer

If you’ve been charged with a criminal offence in Toronto, you may feel like you are out of luck in retaining one of the Toronto Criminal Lawyers who advertise online if you don’t have deep pockets.  In fact, it is possible to retain one without paying them at all if you qualify for Legal Aid.  To apply for Legal Aid in Ontario, visit this website.  If you are deemed to qualify, the government pays the lawyer for their fees.

Fact – Even If You are “Guilty” of a Crime, You Still Benefit from a Toronto Criminal Lawyers’ Experience

Just because you feel you are guilty of the crime you are accused of does not mean you should walk into court unrepresented.  In fact, in this situation, the need for a Toronto Criminal Lawyers’ experience may be more paramount to help you out.  Toronto Criminal Lawyers are experienced at exposing problems with police evidence and for attempting to secure the most favourable outcome for you, regardless of your guilt or innocence

Fact – Toronto Criminal Lawyers Have Flexibility in Billing Clients

Criminal Lawyers in Toronto are not directed on how they are to bill clients, aside from being bound by a professional rule of conduct requiring their fees to be reasonable in the circumstances.  This means that different Toronto Criminal Lawyers may charge different fees:

• Junior criminal lawyers may charge lower fees than senior ones
• Some Toronto Criminal Lawyers offer payment plans, while others do not
• A wide range of defence lawyers in Toronto may inquire about your personal financial situation before determining your fees, while others will only look at legal factors, like case complexity
• Criminal Lawyers in Toronto may charge either on an hourly basis or by flat (or block) fees

Given this flexibility, this should be able to assist your search in narrowing down a list of Toronto Criminal Lawyers who can work with you.

Fact – Toronto Criminal Lawyers have an Ethical Obligation to Work in Your Interests

Whether you committed a minor crime, like Shoplifting, to a more serious crime that may lead to moral judgments from many members of society – such as murder – the lawyer you hire must always act in your bests interests.  Your Lawyer is not their to scrutinize your moral compass, but to advocate for you throughout the court process, always ensuring they are taking all steps to protect your rights and interests.

Fact – You Should Be Careful About Speaking to Police Before Consulting with a Criminal Lawyer

Toronto Criminal Lawyers often pull their hair out when they pick up a case, and the most damning evidence is that which their client offered to police by way of an inculpatory statement!   This happens routinely.  Knowing that, you should be familiar with your right to silence which is constitutionally protected.  As a general rule (and there are very few exceptions), you do not have any obligation to speak to the police about what you’re being investigated before.  If the police are looking to speak to you, your first step should be to consult with a Criminal Defence Lawyer.

Fact – If You Hire a Toronto Criminal Lawyer, You May Terminate That Relationship If Unhappy

So after narrowing down your search of Toronto Criminal Lawyers and ultimately picking one to work with, you come to a change of heart. You feel that criminal lawyer isn’t the best fit for you.  Common complaints I hear about include:

• Your lawyer isn’t communicating with you properly
• You do not get regular updates from your lawyer
• Your lawyer made false promises and could not deliver

You are not stuck. Barring exceptional circumstances, you have the right to terminate your relationship with your criminal lawyer by discharging them directly (usually best done in writing) and by discharging them in court so their name is struck from the record.

Fact – Toronto Criminal Lawyers May Work In Teams or Individually

Contrary to public perception, not every “law practice” is a law firm with many lawyers involved.  In fact, the Criminal Defence Bar in Toronto, and elsewhere in Ontario, involves Toronto Criminal Lawyers practicing in a solo fashion – referred to as a sole proprietorship.   You can decide whether you wish to track down a Criminal Lawyer who works in a team environment or on their own.  There may be advantages and disadvantages to each setup.

Myth – Toronto Criminal Lawyers Can Work on Contingency

It is ethically prohibited by the Law Society of Ontario for Toronto Criminal Lawyers (or any Criminal Lawyers practicing law in Ontario) to accept legal fees on a contingency fee basis.  A contingency fee is a fee predicated on the outcome of a case.  Toronto Criminal Lawyers, for example, cannot ethically suggest to a client that they will be paid only if they “win” your case!

Myth – You Should Never Tell Your Criminal Lawyer What Happened

There is no single, right answer as to whether a Criminal Lawyer should inquire with you about the truth on happened.  Every case is different.  Every lawyer is different.  The smartest approach is to ask the Criminal Lawyer what information they would like you to share with them, whether it be during an initial consultation or after they are retained. 

Myth – You Can Never Be Found Not Guilty of a Crime You Committed

Criminal Law searches for legal truths, not necessarily factual truths.  Individuals are tried based on a standard of “proof beyond a reasonable doubt”.  Even if an individual commits a crime, it may be the case that the police have gathered sufficient or appropriate evidence with which the prosecutor can “meet” this murder. 

Myth – For Less Serious Criminal Offences, Toronto Criminal Lawyers are Not Worth Their Money

There may be situations where people decide to self represent for offences they believe to be “minor”.  In certain cases, they walk away unscathed and without a criminal record.  However, the truth is that any criminal offence in Canada, legally speaking, carries the risk of a criminal record. A criminal record is a permanent record for which you would have to jump through hoops to “seal” by way of an application known as a “record suspension application”.    If you have the means to, retaining a Criminal Defence Lawyer even for what you consider a minor offence may save you time, expense and emotional agony in the long run.  Most people, however, only look at the near future and what the immediate costs are, which is a problematic lens through which to view criminal offences.

Myth – If You have Been Released on Bail Conditions, Those Conditions Disappear at Your First Appearance

Bail conditions remain throughout the lifespan of a criminal case – until the case is completed.  Your Search for Toronto Criminal Lawyers who may help you with your case should begin early on, and right after you are released on bail.  Sometimes, Bail conditions imposed on you are unreasonable or illegal, and your lawyer can review these with you to see if they can be changed.

Myth – Toronto Criminal Lawyers Who Accept Legal Aid Are Inexperienced and Less Skilled Lawyers

This is a myth that seems to be perpetuated in mainstream society, perhaps due to mainstream media’s depiction of the US equivalent “public defender” system.  The US system is quite different than our Legal Aid system, and is like comparing apples and oranges.  To put it simply, Toronto Criminal Lawyers who take on Legal Aid cases does not speak to their skill or experience level at all – it just speaks to their willingness to take on cases for which individuals could not afford to pay privately.    For example, most people charged with Murder in Toronto retain their lawyer via Legal Aid, not privately.  And only a handful of the most experienced and skilled Toronto Criminal Lawyers regularly take on murder cases.  While this is an extreme example, using the most serious crime in Canada as the benchmark, it appropriately delivers the message.  You need to carefully assess the lawyer you hire, whether privately or via Legal Aid, to determine whether you think they will fight for you.  The answer will not depend on the nature of the retainer (ie, cash or Legal Aid).

Myth – If You’ve Been Convicted of a Crime in Toronto, You Have No Further Recourse

There is a sub-speciality of Toronto Criminal Lawyers who exclusively practice in appeal law – including appeals on sentence and conviction.  If you’ve been sentenced or convicted of a crime for which you wish to assess whether a legal error was made, you have a right of appeal and should consul with an appeals lawyer immediately. There are time sensitive deadlines for filing appeals, so act quick.

Andrew Captan – Toronto Criminal Lawyer

Andrew Captan is an experienced Toronto Criminal Lawyer who offers free consultations regarding criminal cases.  To reach him, call (647) 878 – 6355, e-mail him at andrew@captanlaw.com or visit www.toronto-criminallawyer.ca for more information.