Contact a lawyer as soon as you learn that police want to speak with you, that you may be under investigation or that charges have been laid.

Early legal advice can help you understand your rights, preserve relevant information and avoid making decisions before you understand how they may affect the case.

If police contact you about a criminal allegation, obtain legal advice before answering questions or providing a statement.

If you are arrested or detained, you have the right to be informed of the reason and to speak with a lawyer without delay. The appropriate response to a police request depends on the circumstances, so legal advice should be obtained before information about the allegation is provided.

Police must inform you of the reason for the arrest and advise you of your right to speak with a lawyer.

Depending on the circumstances, police may release you with conditions and a future court date or hold you for a bail hearing. Any release conditions must be followed until they are formally changed or removed.

A bail hearing determines whether a person charged with an offence will be released while the case proceeds or remain in custody.

The court considers the legal grounds for detention or release, the circumstances of the allegation and the proposed release plan. If release is ordered, the court will likely impose conditions.

A surety is a person who agrees to supervise someone released on bail. A surety may also be required to make a financial pledge or deposit and must understand the responsibilities involved.

A surety is not required in every case. Whether one is appropriate depends on the circumstances and the proposed form of release.

Bail conditions remain legally binding until they are properly changed or removed.

Some conditions may be varied with the Crown’s consent. Other changes may require an application to the court or a bail review. A proposed change should be addressed through the proper legal process before a condition is breached.

Disclosure is the information provided by the Crown to the defence about the prosecution’s case. It may include police notes, witness statements, video, photographs, forensic evidence, digital records and other relevant material.

Disclosure must be reviewed carefully. The defence may also need to determine whether information is missing or whether further investigation is required.

Not every criminal case proceeds to trial.

The appropriate course depends on the evidence, the legal issues, the client’s instructions and any discussions with the Crown. A decision about trial should be made after the available disclosure and the potential consequences have been properly considered.

The Crown may withdraw a charge in some circumstances. That decision depends on the evidence, the applicable law and the history of the proceeding.

A complainant does not personally control whether a criminal charge continues. No lawyer can guarantee that a charge will be withdrawn.

The length of a criminal case depends on factors such as the complexity of the allegations, the amount of disclosure, court availability and whether negotiations, applications or a trial are required.

The presumptive ceiling is generally 18 months for cases tried in provincial court and 30 months for cases tried in superior court, subject to the applicable legal analysis and circumstances.

A conviction, sentence or other criminal order may be appealed where the legal requirements are met.

An appeal is not a new trial. It requires a proper basis for appellate review, and strict filing deadlines may apply. Legal advice should be obtained promptly following the decision or sentence.

Communications with a lawyer for the purpose of obtaining legal advice are generally confidential and governed by professional obligations.

Submitting an online form or contacting the firm does not, by itself, establish a lawyer-client relationship. Do not include detailed or highly sensitive information in an online form. The firm must first confirm that it can consider the matter and advise how information should be provided.

Legal fees depend on the nature and complexity of the allegation, the stage of the proceeding and the anticipated work required.

Before representation is confirmed, the firm discusses the proposed scope of its work, the applicable fee and the terms of the retainer.

Shikhman Barristers has offices in Toronto and North York and represents clients throughout the Greater Toronto Area and across Ontario.