Short answer: While you are not legally required to hire a lawyer, obtaining legal advice as early as possible can make a significant difference to your case.

Many people assume they should wait until their first court date before contacting a lawyer. In reality, some of the most important decisions are made long before then.

A criminal defence lawyer can:

• Explain the charges against you and the potential consequences.

• Review your release conditions.

• Begin discussions with the Crown

• Ensure important timelines are protected, including assessing whether delays in your case could have legal consequences.

• Advise on trial defence strategy

• Advise on any Charter motions

Every criminal case is different. The earlier you receive legal advice, the more options may be available.

Being arrested can be overwhelming, particularly if you've never had contact with the criminal justice system before. While every case is different, the process generally follows these steps:

1. Arrest

Police may arrest you if they believe they have reasonable grounds that you committed a criminal offence.

2. Your Rights

You have the right to:

• Remain silent.

• Speak with a lawyer without delay.

• Be informed of the reason for your arrest.

3. Release or Bail

Depending on the circumstances, police may:

• Release you with conditions,

• Hold you for a bail hearing before a judge or justice of the peace.

4. First Court Appearance

You will receive a court date where the matter begins moving through the court process. This is typically not your trial.

5. Disclosure

The Crown will provide disclosure, which includes the evidence they intend to rely upon.

6. Resolution or Trial

Your lawyer will review the evidence, discuss possible resolutions with the Crown where appropriate, and prepare your defence if the matter proceeds to trial.

Every case follows its own path. An experienced criminal defence lawyer can explain where your case fits within this process and what steps should be taken next.

Yes.

KMM Criminal Defence accepts Legal Aid Ontario certificates for eligible criminal matters.

If you have already been approved for Legal Aid, please let us know when you contact the office.

If you are unsure whether you qualify, we can explain the Legal Aid process and discuss whether your matter may be eligible.

If you do not qualify for Legal Aid, we also offer private retainers. Fees vary depending on the nature and complexity of the charges, and transparent fee information will be discussed during your consultation.

Whether you are a Legal Aid or private client, you can expect the same commitment to clear communication, thorough preparation, and dedicated representation.

Possibly. Every case is different, and there is no guarantee that charges will be withdrawn simply because a complainant changes their mind or no longer wishes to proceed.

The Crown Attorney has an independent obligation to assess whether there is a reasonable prospect of conviction and whether continuing the prosecution is in the public interest. Depending on the evidence, charges may be withdrawn at various stages of the court process.

An experienced criminal defence lawyer can review the disclosure, identify weaknesses in the Crown's case, engage in resolution discussions where appropriate, and advise you on the options available in your particular circumstances.

Under certain circumstances, criminal charges may be stayed if they are not brought to trial within a reasonable period of time.

In R. v. Jordan, the Supreme Court of Canada established presumptive time limits for criminal cases. If those limits are exceeded, and the delay is not justified, an accused person may have the right to ask the court to stay the charges.

Not every delayed case qualifies for a Jordan application. The law is complex, and whether such an application is available depends on factors including the length of the delay, the type of court, and the specific circumstances of the case.

If you have concerns about how long your case has been taking, a criminal defence lawyer can assess whether delay may be an issue and advise you on the legal options available.

Not necessarily.

Being charged with a criminal offence does not automatically mean you will end up with a criminal record. Whether you receive a criminal record depends on a number of factors, including the nature of the charge, the outcome of your case, and whether you are convicted.

In some cases, charges may be withdrawn or stayed. In others, a person may receive a discharge, which does not result in a criminal conviction if the conditions of the discharge are met. Every case is unique, and the possible outcomes will depend on the facts and the applicable law.

If you have been charged with a criminal offence, it is important to seek legal advice as early as possible. A criminal defence lawyer can assess your case, explain the potential consequences, and work toward the best possible outcome based on your individual circumstances.