RANA UMER HAMEED

If you’ve been charged, your first priority should be to secure legal representation as soon as possible. In the interim:

• Remain calm and polite — you have the right to remain silent.
• Avoid giving any statement to police without your lawyer present.
• Do not discuss the details of your case with friends, family, or on social media.
• Gather any relevant information (witness names, events, documents) while it’s fresh in your memory.

Engaging a criminal-defence lawyer early helps ensure your rights are protected and that proper procedures are handled correctly.

In Ontario, if you are arrested and charged, you may appear before a judge or justice for a bail hearing. Key factors considered include:

• Whether you pose a risk of flight or may fail to appear.
• Whether you pose a risk to public safety or the victim.
• Your personal circumstances such as residence, employment, and family ties.
• The nature and seriousness of the charges.

If released, your lawyer will explain any conditions you must follow and the consequences of breaching them.

Disclosure is the process by which the Crown provides the defence with all relevant evidence before trial. It is a cornerstone of a fair trial under Canadian law. Proper disclosure allows your lawyer to:

• Assess the Crown’s case and prepare strategy.
• Identify weaknesses or procedural errors in the prosecution’s evidence.
• Help you make informed decisions about plea or trial options.

If disclosure is delayed or incomplete, your lawyer may seek a court order or raise a Charter s. 11(b) motion for unreasonable delay.

No. In Canada, once charges are laid, the Crown decides whether to proceed, stay, or withdraw them. The alleged victim’s wishes are considered, but the final decision lies with the Crown. Factors include:

• Public interest and victim safety.
• Availability and strength of the evidence.
• Overall seriousness of the offence.

Your lawyer can communicate with the Crown to explore whether diversion, resolution, or withdrawal is appropriate.

Possible outcomes in Canada include:

• Absolute discharge (no criminal record)
• Conditional discharge with probation
• Fine or monetary penalty
• Conditional sentence (served in the community)
• Custodial sentence (jail or prison)

Your lawyer will help you understand realistic outcomes and argue for the most favourable result based on your case.