A criminal lawyer, especially when you are charged with serious criminal charges in Canada, is a plus. If found guilty, penalties include imprisonment and a damaged reputation. Defending a charge is complicated, and often, defendants find it harder, especially when they do not know the law or how to build legal defences. An experienced criminal defence attorney is handy to ensure you are presented with a sound defence. Criminal lawyers Toronto use their knowledge to defend serious charges by manoeuvring the justice system and negotiating with the Crown Attorney.
Criminal Lawyers Understand the Complexity of the Legal System
Criminal lawyers understand the legal system and the many rules governing the criminal law. Each criminal case is different, and if an attorney does not adequately guide you, you may easily get lost on the web of legal terminologies, procedures, and laws. Criminal lawyers in Toronto are skilled in decoding Canadian criminal law to ensure you are protected from the time you are arrested to the time you are acquitted. Whether it is understanding what case law applies or using statutory defence, the attorneys are responsible for helping you with the case.
Also, criminal defence lawyers have the experience to review all aspects of your case. They are familiar with every procedural matter and substantive law and know how to avoid possible pitfalls that an ordinary layperson would overlook. This way, they know the law well enough to build a defence that may depend on some juries otherwise impossible for a layperson to accomplish.
Negotiating Charges with the Crown Attorney
Another approach that criminal lawyers use is negotiating with the Crown Attorney. The Crown has a lot of influence over the outcome of your case. For example, in many instances, they choose which charges to prefer and how hard to press for conviction. Experienced defence attorneys like those from Caramanna Friedberg LLP know the importance of having a close relationship with the Crown. Moreover, they are good negotiators who can have charges lowered, withdrawn, or dropped before your trial starts.
Negotiating with the Crown is a complex process, as people may think of it. It is a delicate process of weighing the prospects of a case, the evidence available against you, and the Crown’s objectives. There is a time when your lawyer will petition for the plea bargain, and other times, opt to prepare for trial. Your lawyer should search for any loophole in the prosecution’s case and then use them to bargain for a better deal for you. Loopholes include:
- Lack of enough evidence
- Compromised witnesses
- Procedural misconducts
Pre-Trial Discussions and Disclosure Review
The pre-trial phase is considered one of the most critical phases of any criminal defence. In this stage, your lawyer will be involved in negotiations with the Crown and consider all the disclosures made in your case. Discovery can be described as the information that the prosecution must provide to the defence, including police reports, statements from the witnesses, and any forensic findings, among others.
That is why, by carefully analyzing this material, your attorney can find flaws in the case or gaps in the evidence to cast doubts to the Crown’s case. More often than not, it is in such documents that one can unearth key facts. These include:
- Police transgressions
- Violations of your Charter rights
- Weaknesses in the prosecution’s case
With this knowledge, your defence lawyer can argue against the acceptance of some evidence, try to present the charges as less severe, or even have them dismissed.
Providing an Objective Perspective
Many defendants cannot reason in criminal cases due to the emotions involved. Criminal lawyers are not emotionally attached to the case. Therefore, they will ensure you make the right decisions even in stressful situations. What is done out of fear or anger may harm you in the long run, and your lawyer’s role is to advise you on what is right for you based on the law and your case.
The lawyer will tell you how strong your case is, what will likely happen, and what may be expected. They can reason with you and guide your case so you do not make hasty decisions that may affect your life.
Access to Resources and Expert Witnesses
Toronto criminal lawyers can also access many resources and expert witnesses to help your case. From forensic specialists to private investigators and psychologists, such experts can give testimony challenging the prosecution’s account of your case.
Expert witnesses are instrumental in cases involving technical evidence, such as DNA, blood analysis, or digital data.
Your lawyer’s network is the key to your success or failure in the court. The defence can use expert testimony to challenge the evidence, discredit the prosecution witnesses, or give explanations that may raise reasonable doubt in the jurors’ minds.
You want to hire an experienced criminal lawyer in Toronto when facing severe criminal charges. They fight for your rights, investigate your case, and take measures to ensure you achieve the best possible outcome.
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