What is the best way to avoid drunk and driving charges?
The only way to avoid drunk and driving charges is not driving while impaired by alcohol or drugs. If you however had a lapse of judgement are charged with drunk driving, contact our team so we can represent you and get you an optimal result.
Is driving under influence a criminal charge?
Driving under the influence is a serious offense that can have disastrous consequences including a criminal record. Contact our team for legal advice.
What does it cost to hire a criminal defense lawyer?
Every case is different. Determining the cost of defending a case will depend upon a number of factors including the nature of the criminal law problem to be solved, its complexity, and the legal objectives sought to be accomplished.
Understanding criminal court procedure in Canada
Generally, every person charged with a criminal offence in Canada will go through a similar court procedure. Outlined below is some of what you can expect to happen during the course of a criminal charge.
How to contest a ticket?
You can plead not guilty by responding to the form that was given to you with the ticket. You do not have to give justifications and it is even risky to do so because it could be used against you.
It is recommended that you write “I request disclosure of proof” on the form to obtain the proof against you in the file. This will facilitate the process later. You can transfer it to our representatives to read it when opening the file.
Make a copy of the form, send it to be received within 30 days of its issuance and wait for the Court’s notice informing you of the time and place of your hearing.
Can a lawyer help me keep my driving points?
Having an experienced criminal defense lawyer for your ticket is the best defense. While you can just pay the fine and move on, having a criminal lawyer may be even better. A criminal lawyer looks at the facts, and assess the situation and get the matter resolved without you being penalized with losing points or otherwise. At Aavocats, we understand that convictions can be stressful. That is why we work to ensure the best outcome for you at the fastest time possible.
What happens if I continue driving after losing my license?
We strongly recommend that you don’t drive without a license. Driving after the court ordered you not to will lead to a criminal charge under section 320.18 of the Criminal Code (R.S.C., 1985, c. C-46).
What are the charges for drunk driving?
You can be charged under section 320.14 of the Criminal Code (R.S.C., 1985, c. C-46). or other related sections depending on the circumstances. Contact our team for legal advice.
Can I refuse a Breathalyzer?
Refusing an order to give a breath sample can have disastrous consequences. In fact, it is a crime under section 320.15 of the Criminal Code (R.S.C., 1985, c. C-46). There is still a defense that could help you in some situations. Contact our team for more information.
Are the results of the Breathalyzer always accurate?
The Breathalyzer must be operated and calibrated in a certain way. You can count on our team to make all the appropriate verifications to help you build your case.
Do I need a lawyer to attend my first appearance in court?
Prior to your first appearance, you can retain a lawyer to attend court with you or even to attend your court appearances on your behalf, depending on your agreement with your lawyer. Your lawyer is there to speak for you, so you don’t have to worry about saying the wrong thing. In most courthouses, the Crown Attorney will give priority to the cases where a lawyer is present in court PRIOR to dealing with any cases involving unrepresented accused persons. Many accused persons retain lawyers prior to their first appearance in court.
How can a lawyer help me when facing criminal charges?
Abraham Lincoln said “he who represents himself has a fool for a client”. Facing prison, fines and felony convictions is a serious matter. No matter how smart you may be, representing yourself in a trial in a very effective way is very arduous. In fact, criminal defense attorneys are professionals that can help pull out case elements that are unique. Moreover, our job, at Aavocats, is to listen to arguments and find elements, and present the fact in the most effective way that supports a winning legal theory. For these reasons and several others, you should always know and work with criminal defense attorneys.
How soon should I call a lawyer after getting criminal charges?
Any crime that involves tax fraud, domestic violence, driving under the influence of subtances are examples where your first call should be to your lawyer. Basically, any violation that might cause you ending up in handcuffs should be a matter of enough substantial importance that you require you calling your lawyer to defend you. The faster you can get a hold of your lawyer the better.
Should I plead guilty for the charges I am facing?
Pleading guilty to criminal charges is a very serious decision. We recommend that you talk to your lawyer and get a professional opinion before considering this decision. Please be mindful of the implications that might accompany the said decision. You should not plead guilty for a crime you did not commit or if you are being pressured to do so. Consult a professional criminal defense attorney and they will be able to help you consider your options. Please do not make any hasty decisions with such a serious matter.
How can a lawyer help me when facing criminal charges?
Your first move should be planning your first appearance in court. At that date, you will be asked if you want to plead guilty or not guilty. It is not recommended to plead guilty before getting the evidence the prosecutors have against you. The evidence is disclosed at your first hearing. Contact our team so we can represent you without having to even be there.