Criminal Charge Process
What to expect
At Muia Criminal Law we believe in transparency and helping our clients understand the criminal charge process. Below you will find the first steps, if you need any guidance or have any questions, we encourage you to contact us and book a free consultation to receive specific answers regarding your case.
1
Arrest
When you have been charged with an offence the police will arrest you and take you to the police station or ask you to turn yourself in. If you have been asked to turn yourself in, it is advisable to seek legal advice prior to going to the police station.
Once at the police station you will be released with conditions or held for bail. If you are held for bail, you are to appear before a Justice of the Peace within 24 hours of arrest.
You will be given the opportunity to call a lawyer of your choice or speak with the free Duty Counsel Lawyer.
At Muia Criminal Law, we are happy to provide 24-hour service to those under arrest, contact us.
2
Bail
If you are being held for bail you will appear in court for your hearing where it will be decided if you should be detained in custody pending your trial or released into the community.
Our job is to ensure that we receive the allegations against you and work on a plan to get you released. We will contact any individual you would like to use as a surety and prepare that individual to appear in court for your bail hearing.
We will then conduct your bail hearing to get you released.
If you are denied bail, you may seek a bail review and have your matter heard in the Superior Court of Justice.
3
Meeting with lawyer
Once you have been released it is advisable to seek out legal representation.
At Muia Criminal Law, we will meet with you to go over your charges, explain the process and complete any administrative tasks required before your first appearance. You will be asked to sign a designation.
A designation allows your lawyer to go to court on your behalf to speak to routine administrative matters, so you do not need to miss work or school. When you are required to attend court, we will give you advance notice.
We will also discuss the retainer agreement and ensure that a flexible payment plan is made available to suit your financial circumstances.
If you are not sure if you can afford a lawyer, go to Legal Aid Ontario, and see if you qualify for assistance. Muia Criminal Law proudly accepts Legal Aid Certificates.
4
first appearance
A first appearance is not your trial.
If you have not formally retained a lawyer, you must appear in court.
If you have retained a lawyer, you will not need to appear in court.
At your first appearance, the lawyer will advise that they are representing you, advise whether disclosure (the evidence) in the case has been received and adjourn your matter for several weeks to start working on the file.
At Muia Criminal Law, we will attend all administrative appearances on your behalf and provide you with an update and advisable next steps.
5
Next Steps
Schedule a meeting with your lawyer to discuss the disclosure in your case and the next steps to proceed to a resolution or trial.
At Muia Criminal Law, we will meet with you in person or virtually and take you through your disclosure and provide you with our legal opinion about the case. Through our client portal you can share documents with us that you think are important to your defence, schedule meetings with us and maintain an efficient line of communication.
Things to remember
You are presumed innocent
What this means is that you do not have to prove your innocence. It is the Crown Attorney’s job to prove that you are guilty of the crimes you have been charged with.
Our job is to make sure that your rights have been maintained and that a defence is crafted to rebut claims made by the Crown Attorney.
We will work with you to examine what defences are available on a case specific basis.
REceiving legal advice
The criminal justice system is complex. A criminal conviction can have serious repercussions including imprisonment, immigration, travel consequences, driving prohibitions, fines, and employment ineligibility.
An experienced defence lawyer can assist you every step of the way and make a significant difference on the outcome of your case. Our job is to protect you and ensure your legal rights have not been violated.
For more information on what to expect once you have been arrested visit: Legal Aid Criminal Charge Process.
Practice Areas
Our firm specializes in defending charges under the Criminal Code of Canada, the Controlled Drugs and Substances Act, the Cannabis Act, and the Highway Traffic Act. We gladly accept clients with valid Legal Aid certificates.
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We will assist with contacting your potential sureties, prepare them to testify at your bail hearing and assist with filing necessary paperwork on your surety’s behalf. We will also make sure that any conditions on release are reasonable and fair.
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A bail review is allowed if a Judge finds that there was a material change in circumstance, that the Justice of the Peace made an error or that the decision was unreasonable. We will work with you to secure your release.
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We will work towards challenging the credibility of the complainant who accused you of the charge and keep you informed of the evidence against you. We will also explore favourable resolution positions, should you choose to resolve your matter.
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Fraud cases are often very complex and can involve thousands of pages of financial disclosure. We provide meticulous attention to detail in reviewing all information and will find weaknesses in the case against you.
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We will explore all possible defences, including self-defence and consent. We will assess the strengths and weaknesses of your case and help you make an informed decision on how you would like to proceed.
With respect to charges of Domestic Assault, we will assist you in getting a bail variation, if required, to see your children or retrieve your belongings from your home. We will also explore favourable resolution positions that can be reached after counselling programs have been completed.
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We will assess the gravity of the offences you are being charged with. We will ensure that the offences are accurately defined. We will also analyze the defences available to you, such as knowledge.
Further, if weapons were found on your person or in your home or vehicle, we will conduct a comprehensive review and assess the validity of the search warrant and raise the appropriate challenges.
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We will challenge the admissibility of the evidence in these cases and raise a reasonable doubt on the critical issues of knowledge and control. We will also review any search warrants with detail and will challenge the search to ensure your rights were not breached by the police.
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We will give you an in-depth analysis of the case and help you decide on how to proceed. We will also work towards securing a favourable resolution that shortens the time of any driving suspension.
We will also explore any triable issues and raise any appropriate defences and possible Charter arguments to ensure your rights were not breached.
The laws of Impaired Driving are constantly changing and at Muia Criminal Law, we are on top of the changes.
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In criminal proceedings the police and the Crown Attorney’s hold the power with respect to the charges before the court. The victim of crime cannot stop the criminal process against the accused or ask for the charges to be dropped.
We offer a voice to victims of crime and can assist you with navigating the criminal process. We can advocate on your behalf and provide you with advice with respect to your rights and obligations. We can also provide independent legal advice if you are a victim or crime or a witness and are concerned about your safety.