Everything You Need to Know about the Bail Hearing Process

 Your lawyer in Brampton will negotiate with the Crown before the bail hearing to try and convince the Crown to release you on consent. If both parties agree to release conditions, those conditions will be conveyed to the judge/justice who will typically agree to the proposed bail and conditions.

If the Crown is contesting the bail, the Crown will first read the details of the charges against you. Both sides may call witnesses on the bail hearing. Typically, the Crown calls no witnesses on a bail and the defence calls any proposed sureties as witnesses.

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What Are My Rights When Dealing with the Police?

 Do you know what your rights are if you are stopped by the police? Many people mistakenly assume they must assist the police in their investigation, answer all their questions, and allow them to conduct searches. If you are a suspect or are under police investigation, cooperation with police could hurt your defence later on or allow the police to collect incriminating evidence they can use against you.

You have the legal right against self-incrimination and the best way to preserve that right is to not answer questions asked of you by police. Your silence cannot be used against you in court. However, speaking with an officer could result in obstruction charges if your statements are believed to be false or misleading.

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What Should You Do Before & After Being Arrested & Why?

Upon arrest for a criminal offence, the police are required by law to read you your rights. Part of these rights is the right to remain silent and not answer any questions or be interviewed by the police without proper legal representation.

It is essential that you remain silent. If you choose to speak to the police and answer questions or be interviewed without a criminal defence lawyer present, anything you say can be used against you later in Court. 

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Sexual Assault & Consent

 Sexual offences carry significant criminal sanctions and consequences on a conviction. Named Sexual Assault in the Criminal Code, it covers a broad range of criminalized activity that can include forced intercourse, date rape, unwanted sexual touching, or any assault on a person for a sexual purpose.

A key element in all sexual assault and assault charges is consent. An assault, sexual or otherwise is characterized as the application of force without consent. The lack of consent to the sexual activity must be proven beyond a reasonable doubt by the Crown Attorney in order for there to be a conviction on sexual assault.

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