Questions and Answers


I AM UNDER CRIMINAL INVESTIGATION. AM I OBLIGATED TO GIVE A STATEMENT TO POLICE?

Absolutely NOT! You are entitled to remain silent. It may be against your interests to give any statement to the authorities. Legal advice from your own lawyer should be obtained immediately.


IF I AM ARRESTED BY THE POLICE, DO I HAVE TO CO-OPERATE AND GIVE A STATEMENT AT THAT TIME?

On arrest, it is crucially important to obtain legal advice before giving the police any statement about your involvement in the matter under investigation.


HOW CAN I GET LEGAL ADVICE ONCE I AM ARRESTED?

By law, the police are required to advise you of your Right to Counsel upon arrest. In simple terms, this means you can call any lawyer of your choice or duty counsel, to obtain legal advice.


WHAT SHOULD I DO IF I AM CHARGED WITH IMPAIRED DRIVING OR DRIVE EXCEED .08?

These criminal charges require prompt attention.

Conviction results in a criminal record, loss of license, fines, mandated drinking driving treatment (Back on Track) and possible use of Ignition Interlock on return to driving. Furthermore, recent amendments to the Criminal Code and Highway Traffic Act allow for a reduced loss of license if convicted, but only if the case is resolved within 90 days of charge. It is highly advisable to consult with a lawyer at your earliest opportunity.


WHAT SHOULD I DO IF I AM CHARGED WITH DOMESTIC ASSAULT?

These charges can be life changing. Bail restrictions will not only require you have no contact with the complainant, but also most likely require that you obtain sureties to secure your release from custody and live away from your matrimonial home. It is important to retain counsel quickly in order to deal with all of the issues that arise in these cases.


THE POLICE WANT ME TO TAKE A POLYGRAPH TEST (LIE DETECTOR).   SHOULD I DO SO?

You are not under any obligation to take a polygraph test. Again, you should obtain legal advice first.


HOW DO I GO ABOUT CHOOSING A CRIMINAL LAWYER FOR MY NEEDS?

Most law firms, including our own, offer free consultation. Check to make sure the lawyer you choose has experience, based on involvement in similar cases.


WHEN AM I REQUIRED TO SUPPLY A SAMPLE OF MY BREATH AT A POLICE ROADSIDE SOBRIETY CHECKPOINT (RIDE) AND AM I ABLE TO CONSULT A LAWYER BEFORE MAKING THIS DECISION?

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DO I NEED TO GIVE A STATEMENT TO POLICE IF ASKED FOR ONE?

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HOW DO I APPLY FOR A PARDON
?

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DO I HAVE TO APPEAR FOR JURY DUTY? 

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UPON BEING ARRESTED OR DETAINED, SHOULD I EXERCISE MY RIGHTS TO COUNSEL?

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The above information is of a general nature and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.

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