If you are facing criminal charges in the city of Toronto, it is important to understand the role of a lawyer specializing in criminal defence. These lawyers are known to offer comprehensive legal assistance and guidance to safeguard your rights during the criminal proceedings against you.
At the same time, navigating the criminal law in Ontario and its cities can be really complicated, especially when you are charged with a criminal offence. That’s where the assistance of a criminal defence lawyer can be of any help to you.
In this article, you will explore the key responsibilities of a lawyer while handling a criminal case. You will also learn about the implications involved in Canada’s criminal law proceedings, where a lawyer’s assistance can be extremely helpful and allow you to get a justified outcome.
Stages of a Criminal Case
There are various distinctive stages in the criminal trial process. First of all, it all starts with an investigation and arrest performed by the police, followed by the release or bail stage. From then, the pre-trial stage begins when the clients meet their lawyers, who review their disclosure effortlessly. After that, the lawyers meet the prosecuting crown attorneys and judges handling the criminal cases.
Then comes the trial or plea-hearing stages(if the charges against the accused are not dropped). It then ultimately leads to sentence proceedings. At every stage, the criminal justice lawyer is always engaged to ensure the matter gets resolved. They provide legal advice and explain the criminal law and strategic alternatives and considerations required by the accused person.
During the entire procedure, the lawyer will carry out legal research and negotiate with Crowns, police, and judges. They will thoroughly look at and analyze the police investigation and perform their own investigations. They will also hire private investigators based on the evidence. A criminal lawyer will also interview witnesses and prepare them for the upcoming trial.
The lawyer will also draft legal arguments to prepare for the trials and Charter motions. Then comes the final part, where criminal lawyers will conduct a trial in front of the judges and juries.
In such instances, the criminal lawyer has a vast array of responsibilities divided into different parts.
Pre-Trial Responsibilities
The pre-trial responsibilities are divided into four parts:
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Legal Consultation:
During the legal consultation process, the lawyer will meet the client facing criminal charges and understand the situation that resulted in the legal troubles. The lawyer will thoroughly explain the criminal litigation process and the potential consequences involved. Then, they will offer strategic advice and help you understand how to deal with the criminal proceedings carefully.
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Case Investigation:
After consulting the client, the lawyer will start gathering evidence, such as police reports, CCTV footage, and witness statements. They will collaborate with forensic experts and private investigators to understand the crime scenario effectively. This will help them build a defence strategy based on circumstantial evidence.
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Legal Research and Strategy Development:
Before developing a defence strategy, the lawyer will conduct legal research for applicable laws and precedents under the Criminal Code of Canada. This will help them develop a tailored defence strategy that could possibly be effective in convincing the jury and crown to drop the charges against their clients.
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Pre-Trial Motions and Negotiations:
During the pre-trial motions, the lawyer will file a plea to dismiss charges against the client or suppress evidence against them. They will also negotiate plea deals with the prosecutors, during which they will try to get the charges against their clients reduced.
Let’s say you are facing a drug charge. Your criminal lawyer will try to get the charges against you dismissed through a plea. If the plea doesn’t work, your lawyer will work out a plan to negotiate deals with the prosecutors. During these negotiations, the lawyer will have the sole aim of getting the charges against you dropped or lowered. Thus, it will help you get a fair deal.
Responsibilities During the Trial
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Court Representation:
The top criminal defence lawyers will also represent their clients in court. During the trial, their aim will be to advocate for the innocence of the client or showcase factors favourable to the client against their charges in front of the judge, jury and crown.
Most importantly, they will cross-examine the witnesses to find any faults in their statements and challenge their credibility.
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Presentation of Evidence:
During this stage, the lawyer will showcase evidence that supports the defence and aligns with the client’s argument. They will also involve expert witnesses, who will provide testimony that will support the client’s argument and deal with the charges against them.
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Legal Argumentation:
The lawyer will draft a legal argument and present it in front of the judge and the jury in the most compelling manner. They will deliver opening and closing statements that are compelling and supportive of the client’s theory against their charges.
The lawyer will basically argue as per the facts, evidence, and legal precedents, which will help them find facts that would help them find out the error within the prosecution’s theory.
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Ensuring a Fair and Justified Trial:
The main aim of the lawyer would be safeguarding the rights of their client against any sort of unfair treatment or errors that occurred during the criminal proceedings. For example, they will raise their objections against any kind of improper evidence or questioning conducted on the prosecution’s behalf.
Responsibilities After the Trial
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Advocating for the Client During Sentencing:
After the client gets sentenced, the lawyer will argue for lowered penalties or alternative sentences, such as probation in place of prison time.
In some instances, the lawyer can also defend a young offender charged with a criminal offence for the first time under the Youth Criminal Justice Act in Canada.
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Appeals and Post-Conviction Procedures:
The lawyer will also file for appeals for wrongful convictions or sentences that are disproportionate to the charges. They will thoroughly review trial transcripts, through which they will identify errors and point them out to the judge to ensure the possibility of a better and justified sentencing.
What are the Ethical Obligations of a Criminal Lawyer?
Here are the ethical obligations to be followed by a criminal lawyer while fighting the charges pressed against their clients, as given below:
- Adherence to the Law Society of Ontario’s Rules of Professional Conduct.
- Maintaining a balance between zealous advocacy and ethical considerations.
As an example, they are supposed to maintain the confidentiality of the client’s details, which is helpful in avoiding conflict of interest.
What are the Challenges Faced By Criminal Lawyers in Toronto?
Here are some notable challenges faced by a criminal lawyer in Toronto, as given below:
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Heavy Caseloads and Time Pressures:
Quite often, professional lawyers practising Criminal law in Toronto are known to be burdened with heavy caseloads and defined time pressures. Due to this, they are not able to focus better on one single case. This further lowers the chances for a fair and justified trial, leading to unwanted or unexpected consequences.
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Navigating Public Perception:
Sometimes, criminal lawyers have to deal with the stigma caused by defending people accused of serious crimes.
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Dealing With Cases With Complicated Nature:
Most of the time, lawyers are surrounded by cases that have various legal implications. Some of these cases require dedicated time to understand and develop strategies. This not only increases the workload but also adds to a lot of stress, resulting in a less dedicated focus on other important cases.
Why Choosing the Right Legal Support Is Essential?
Facing criminal charges can be an overwhelming experience that would leave you in a lot of stress and anxiety. This makes it crucial to seek support from an experienced and knowledgeable criminal lawyer who would help you deal with such allegations.
These lawyers understand the challenges of the criminal justice system of the country. They have the expertise and knowledge to tackle these challenges effortlessly.
Most importantly, navigating the criminal justice system is definitely an emotionally draining experience. Throughout the overall procedures, the lawyer will offer continuous guidance, legal advice, and emotional support to lower the stress and anxiety that shows up while facing a criminal charge.
A criminal defence lawyer plays an important role in safeguarding your rights while advocating your side. They will ensure you understand your rights at every step. They will also address any queries or concerns you may have in mind. The ongoing support and guidance from your lawyer’s side are extremely important to maintain your emotional well-being throughout the legal procedures.
To Summarize
A criminal defence lawyer has the most crucial role to play in your fight against the criminal charges pressed against you. They will provide expert assistance in each step to ensure your rights are respected and that you don’t face any sort of injustice meted against you.
With consultation of an expert criminal lawyer, you will be able to deal with these legal charges effectively, ensuring you get a fair and justified outcome in the form of a sentence dor eal, or you can even walk free from the charges pressed against you.
