Frequently Asked Questions

If you are being investigated or have been charged with a crime, one of the most important things you can do is assert your right to silence. Anything you say to police or investigators may be used as evidence in court, so it is crucial that you not speak to the police until you have spoken with a lawyer and been provided with legal advice.

Early legal advice can help protect your rights and prevent mistakes that could affect your defence later in the process.

In most situations, you are not required to answer questions from the police. Under Canadian law, you have the right to remain silent and the right to consult a lawyer.

Many people believe cooperating immediately will help resolve the situation. However, speaking without legal advice can seriously harm your defence. A criminal defence lawyer can help you understand whether providing information is in your best interest and, if so, how to best do so.

Typically, police will arrest a person and bring them back to the police station. They should advise that person of their rights, including the right to silence and the right to speak to a lawyer. An independent lawyer is available for free, 24-hours a day, and the police must allow one to speak with a lawyer if they wish to do so (and they absolutely should). Police will then either release that person with bail conditions and a court date, or bring that person before a judge to speak to their release.

After the issue of release is dealt with, there is a first appearance in court. It is not expected that a person know how they wish to plead at that first appearance; typically it is just to receive a copy of the prosecutor’s file to prepare for one’s defence.

Your lawyer will review the evidence, assess the strength of the Crown’s case, and determine the best strategy moving forward. Some cases are resolved through negotiations with the Crown, while others proceed to trial.

The timeline for a criminal case can vary depending on the seriousness of the charge, the amount of evidence involved, and whether the case proceeds to trial.

Some matters resolve within a few months, while more complex cases can take a year or longer. A criminal defence lawyer can review the details of your case and give you a better idea of what to expect.

Not every criminal case goes to trial. In fact, many cases are resolved through negotiations with the Crown or other legal resolutions before reaching that stage.

Whether a case proceeds to trial depends on several factors, including the strength of the evidence, the legal issues involved, and the defence strategy developed for the case.

Occasionally, but in British Columbia a prosecutor reviews the case prior to approving charges to ensure there is sufficient evidence to proceed and that the prosecution is in the public interest. This is called “charge approval”. Once a matter has been through charge approval, it typically proceeds. Sometimes a resolution can result in the criminal charges being dropped. A criminal defence lawyer can identify weaknesses in the Crown’s case and raise legal issues that may lead to charges being reduced or withdrawn.

Not necessarily. The potential consequences of a criminal conviction depend on the type of offence, the circumstances of the case, and your personal circumstances. Your lawyer’s job is to make sure your side is properly presented, including your personal circumstances and any mitigating factors.

For some first-time offences, courts may impose penalties such as fines, probation, or community service rather than jail. However, more serious offences still carry the possibility of incarceration even for someone with no prior record.

In some cases, particularly for first-time or lower-level offences, the Crown may agree to send the accused to a diversion program. Successful completion of the program will result in the charges being withdrawn or stayed. In the program, one might be required to participate and complete counselling, treatment programs, community service, or educational courses. Your lawyer can be instrumental in resolving a file through diversion in appropriate cases.

A criminal record is an official record of a conviction for a federal (including criminal) offence. Having a criminal record can affect several areas of your life, including employment opportunities, travel to certain countries, and professional licensing.

This is why many people choose to work with a criminal defence lawyer who can help them explore options to avoid or minimize the long-term impact of a conviction.

Criminal law procedures and court practices can vary between provinces. A criminal defence lawyer who regularly practices in British Columbia understands the local courts, Crown prosecutors, and legal procedures that may affect your case.

This experience can be valuable when evaluating evidence, negotiating with the Crown, or preparing for trial. It can also save on the cost of having an out-of-province lawyer attend.

There are usually two sides to every story. When a person is accused of a criminal offence, they are up against the state and all its resource to prosecute its case. A criminal defence lawyer is there to present your side of things, protect your legal rights and ensure you are treated fairly.

This includes reviewing evidence, identifying legal issues, negotiating with prosecutors, challenging improperly obtained evidence, and representing you in court.

Criminal charges can have serious consequences, and choosing the right defence lawyer matters. At Simair Law, clients work directly with a lawyer who has decades of experience in criminal law and who began his career as a drug prosecutor.

That experience provides valuable insight into how prosecutors build their cases and how evidence is evaluated in court. Simair Law represents individuals facing a wide range of criminal charges and works to develop defence strategies tailored to each client’s situation.