Failure to Remain Defence Lawyers
Failure to Remain
An allegation that a driver left the scene of a collision may proceed under Ontario’s Highway Traffic Act, the Criminal Code or both. The first step is to identify the charge and the legal obligation said to have been breached.
At Shikhman Barristers, the analysis examines what the driver knew, whether the vehicle and driver were reliably identified and what occurred before and after the incident.
Criminal and Provincial Allegations
A provincial failure-to-remain allegation is not the same as the Criminal Code offence of failing to stop after an accident. Different elements, procedures and consequences may apply.
Knowledge and Identification
The defence may examine whether the driver knew or was reckless as to whether a collision occurred, whether identification evidence is reliable and whether the available record supports the allegation.
Available 24/7 for Your Call
Legal issues do not always happen during business hours. Shikhman Barristers is available 24/7 to take your call, answer your initial questions, and discuss your next steps.
Evidence From the Scene
Surveillance video, vehicle damage, witness accounts, location data, photographs and the sequence of later events may be relevant. Each source must be assessed for reliability and context.
Police and Insurance Contact
A person may be contacted before a charge is laid. Legal advice should be obtained before providing a detailed statement where criminal exposure may exist.
Is Failure to Remain Always a Criminal Charge?
No. The applicable proceeding depends on the facts and whether the allegation is brought under provincial legislation, the Criminal Code or both.
What Should I Do if Police Contact Me?
Obtain legal advice promptly before deciding how to respond or providing a substantive statement.
When to Contact a Lawyer
Contact a criminal defence lawyer as soon as an arrest occurs or a surrender is being considered. Early advice allows time to identify possible sureties, gather relevant information and prepare the proposed release plan.
SPEAK WITH OUR FIRM
Request a Confidential Consultation
If you are under investigation, have been arrested or are facing a criminal charge, bail hearing, trial or appeal, contact Shikhman Barristers to discuss your circumstances and understand the next step. If you have been detained or arrested, exercise your right to remain silent and ask to speak with a lawyer before answering questions about the allegation.
416-365-3151
Toll-free: 1-888-508-9178
Available 24/7
Email: info@crimlawcanada.com
*Submitting this form does not create a lawyer-client relationship. Please do not include confidential or time-sensitive information. Shikhman Barristers must confirm that it is able to act before a lawyer-client relationship is established.