Criminal Defence Lawyer

Being arrested can be a stressful and overwhelming experience. Knowing your rights and taking the right steps can significantly impact the outcome of your case. Here’s what you need to know if you are arrested in Canada:

1. Stay Calm and Cooperative

While it may be intimidating, it’s important to remain calm and cooperative. Avoid resisting arrest or becoming confrontational, as this can lead to additional charges.

2. Understand Your Rights

Under the Charter of Rights and Freedoms, you have specific rights during an arrest, including:

• The Right to Be Informed of the Reasons for Arrest: The police must tell you why you are being arrested.

• The Right to Remain Silent: You are not obligated to answer questions or provide a statement. Anything you say can be used against you in court.

• The Right to Speak to a Lawyer: You have the right to consult with a lawyer without delay and in private.

3. Exercise Your Right to Remain Silent

It is crucial to remain silent and not discuss your case with the police until you have spoken to a lawyer. Even casual or offhand comments can be used as evidence against you.

4. Contact a Lawyer Immediately

Ask to speak to a lawyer as soon as possible. You are entitled to private legal advice to help you understand your situation and the next steps. If you do not know a lawyer, you can request access to duty counsel, a free lawyer available to assist you at the time of your arrest.

5. Do Not Consent to Searches

Unless the police have a warrant or legal authority, you are not required to consent to a search of your person, vehicle, or home. Politely but firmly state that you do not consent.

6. Document the Arrest

If possible, make note of:

• The names and badge numbers of the officers involved.

• The time, date, and location of your arrest.

• Any statements made by the police.

This information can be helpful to your lawyer when building your defence.

7. Do Not Discuss Your Case

Avoid discussing your case with anyone except your lawyer, including friends, family, or fellow detainees. These conversations could be used as evidence.

8. Prepare for Release or Bail

Depending on the situation, you may be:

• Released at the scene with a promise to appear in court.

• Held in custody and required to attend a bail hearing, typically within 24 hours.

A criminal defence lawyer can advocate for your release and argue for reasonable bail conditions.

Being charged with a crime is a serious matter that can have life-altering consequences. While it is not legally required to have a lawyer, it is highly recommended to seek the assistance of an experienced criminal defence lawyer if you are facing charges. Navigating the criminal justice system without proper legal representation can leave you vulnerable to harsher penalties, procedural missteps, and an inability to effectively defend yourself.

Why You Need a Lawyer

1. Understanding the Charges

   • A criminal lawyer will help you understand the specific charges against you and the potential consequences.

   • They will explain complex legal terminology and procedures in plain language.

2. Protecting Your Rights

   • From the moment you are charged, you have rights under the Canadian Charter of Rights and Freedoms, including the right to remain silent and the right to a lawyer.

   • A lawyer ensures these rights are respected during police questioning, court proceedings, and any investigations.

3. Building a Strong Defence

   • A skilled lawyer can review the evidence, identify weaknesses in the Crown’s case, and develop a defence strategy tailored to your situation.

   • They may challenge improper evidence, cross-examine witnesses, and negotiate with the Crown prosecutor.

4. Reducing Penalties

   • A lawyer can negotiate plea deals or reduced charges, potentially avoiding harsher penalties or a criminal record.

5. Court Representation

   • Lawyers understand courtroom procedures and can advocate effectively on your behalf, presenting arguments in a way that aligns with legal standards.

6. Guidance and Support

   • Facing criminal charges is overwhelming. A lawyer provides not only legal guidance but also emotional support, helping you make informed decisions about your case.

Risks of Not Having a Lawyer

Without legal representation, you may face:

• Unnecessary Convictions: You might plead guilty without realizing potential defences.

• Harsher Sentences: Without skilled negotiation, penalties can be more severe.

• Missed Opportunities: You may not recognize procedural errors or Charter violations that could benefit your case.

• Overwhelming Stress: Handling legal complexities alone can be emotionally and mentally taxing.

Why Choose Ryan Patmore Criminal Defence?

Ryan Patmore Criminal Defence is committed to providing expert representation for individuals facing criminal charges in Canada. With extensive experience and a focus on protecting your rights, Ryan Patmore offers:

• Comprehensive Case Analysis: Every detail of your case is reviewed to identify the best path forward.

• Aggressive Advocacy: Ryan is a skilled negotiator and litigator dedicated to achieving the best outcome for you.

• Personalized Service: Ryan takes the time to understand your unique situation and provides clear, compassionate guidance throughout the legal process.

Summary conviction offences are generally less severe and carry lighter penalties. They are typically tried in a provincial court. Indictable offences are more serious and can result in more severe penalties, including imprisonment for longer periods. These offences can be tried in a higher court, and you may have the option to choose between a trial by judge alone or by jury. You may also have the opportunity to have a Preliminary Inquiry, which is a hearing to determine if there is enough evidence to commit you to stand trial. The option for a Preliminary Inquiry is only available if the Crown elects to proceed by indictment.

A plea bargain, also known as a plea agreement, is a negotiated agreement between the Crown prosecutor and the accused in a criminal case. It typically involves the accused agreeing to plead guilty to a specific charge or a lesser offence in exchange for certain concessions from the prosecution. These agreements are a common part of the Canadian criminal justice system and can help resolve cases without the need for a full trial.

Types of Plea Bargains

Plea bargains in Canada can take several forms, including:

1. Charge Bargaining

   • The accused pleads guilty to a lesser charge, and more serious charges are withdrawn or reduced.

   • Example: Pleading guilty to assault instead of aggravated assault.

2. Sentence Bargaining

   • The accused pleads guilty in exchange for the Crown recommending a reduced sentence to the judge.

   • The final sentencing decision, however, rests with the court.

3. Fact Bargaining

   • The Crown agrees to present a limited set of facts to the court, potentially minimizing damaging information during sentencing.

4. Hybrid Bargaining

   • A combination of charge, sentence, and fact bargaining may occur depending on the circumstances of the case.

Why Plea Bargains Are Used

Plea bargains serve several purposes in the Canadian criminal justice system:

• Efficiency: Resolving cases through plea agreements saves time and resources for the courts, prosecutors, and defence.

• Certainty: Both parties can agree on an outcome, reducing the unpredictability of a trial.

• Lesser Penalties: Accused individuals often receive a more lenient sentence than they might if convicted at trial.

• Victim Considerations: In some cases, avoiding a trial spares victims from having to testify or relive traumatic experiences.

How a Plea Bargain Works

1. Negotiation

   • The Crown prosecutor and defence lawyer negotiate terms of the plea bargain.

   • The accused’s lawyer ensures that the agreement is fair and considers the strength of the Crown’s case.

2. Plea Entry

   • The accused formally pleads guilty in court to the agreed charge(s).

   • The judge ensures that the accused understands the plea and its consequences.

3. Sentencing

   • The court reviews the agreed-upon terms. While judges are not bound by the agreement, they typically follow the recommendations unless deemed inappropriate.

Advantages and Disadvantages of Plea Bargains

Advantages:

• Reduced penalties or charges for the accused.

• Faster resolution, avoiding the stress and costs of a trial.

• Certainty in the outcome, as trials can be unpredictable.

Disadvantages:

• Waiving the right to a trial and the opportunity to challenge evidence.

• Risk of agreeing to a plea out of pressure or fear of harsher penalties if convicted at trial.

• Potential for a criminal record even with reduced charges.

When Should You Accept a Plea Bargain?

Deciding whether to accept a plea bargain depends on several factors, including:

• The strength of the Crown’s evidence.

• The seriousness of the charges and potential penalties if convicted at trial.

• The benefits of the plea agreement compared to the risks of proceeding to trial.

It is critical to consult with an experienced criminal defence lawyer before agreeing to any plea bargain to ensure your rights and best interests are protected.

Why Choose Ryan Patmore Criminal Defence?

Navigating a plea bargain can be a complex and high-stakes decision. Ryan Patmore Criminal Defence offers:

• Professional Legal Advice: Comprehensive analysis of your case to determine if a plea bargain is in your best interest.

• Negotiation Skills: Skilled advocacy to negotiate the best possible terms with the Crown.

• Trial-Ready Representation: If a plea agreement is not in your favour, Ryan Patmore will vigorously defend your case in court

A criminal record can have various consequences, including difficulties finding employment, limitations on travel, and impacts on other aspects of life. In some cases, it may be possible to have your record expunged or pardoned, but this process involves specific legal steps.

While you have the right to represent yourself, it is generally not recommended. The legal system is complex, and a lawyer has the expertise to navigate the court proceedings, advocate on your behalf, and improve your chances of a favourable outcome.

Being questioned by the police can be intimidating, whether you are a suspect, witness, or simply someone they want to speak with. It is important to handle the situation carefully to protect your rights and avoid unintentionally incriminating yourself. Here's what you should do if the police question you:

1. Understand Your Rights

The Charter of Rights and Freedoms provides you with specific legal protections when dealing with police, including:

• The Right to Remain Silent: You are not obligated to answer police questions unless required by law (e.g., providing your name in certain situations).

• The Right to Speak to a Lawyer: You can consult with a lawyer before answering questions if you are detained or arrested.

• The Right to Be Free from Unreasonable Detention: You cannot be detained without proper legal grounds.

2. Determine Your Status: Am I Free to Leave?

Ask the officer, “Am I being detained, or am I free to go?”

• If you are not detained, you are free to leave and are not required to answer questions.

• If you are detained or arrested, you have the right to know why and to consult a lawyer immediately.

3. Exercise Your Right to Remain Silent

• Remaining silent is your legal right and is often the best course of action.

• Politely inform the police that you are exercising your right to remain silent until you have spoken to a lawyer.

• Avoid guessing, speculating, or volunteering information, as anything you say can be used against you.

4. Do Not Consent to Searches

Unless the police have a warrant or legal authority, you are not obligated to consent to searches of your person, belongings, or property. Politely but firmly state, “I do not consent to this search.”

5. Contact a Lawyer Before Answering Questions

If you are detained or arrested, immediately ask to speak to a lawyer.

• A lawyer can advise you on your rights and whether answering certain questions is in your best interest.

• If you do not have a lawyer, you can request duty counsel, a free legal service available 24/7.

6. Stay Calm and Polite

• Remain calm and respectful, even if you feel the police are acting unfairly.

• Avoid arguing, resisting, or making hostile comments, as this can escalate the situation.

7. Document the Interaction

If possible, take note of:

• The officers’ names and badge numbers.

• The time, date, and location of the questioning.

• What was said during the interaction.

This information may be useful if you later need to challenge the legality of the interaction.

Common Questions the Police May Ask

The police may ask questions such as:

• “Where were you at a specific time?”

• “Do you know [a person of interest]?”

• “Would you like to tell your side of the story?”

While these may seem harmless, they are often intended to gather evidence, even if you are not the focus of the investigation. Always consult a lawyer before answering.

Yes, you may be eligible to receive a pardon (officially known as a Record Suspension) in Canada, depending on the nature of your offence, the sentence you received, and the time that has passed since you completed your sentence. A pardon allows individuals to have their criminal record set aside, offering them a chance to move forward without the stigma of a criminal conviction.

What Is a Pardon/Record Suspension?

A Record Suspension is a legal process through the Parole Board of Canada (PBC) that removes your criminal record from the Canadian Police Information Centre (CPIC) database. While the record still exists, it will not be visible during most routine background checks. This can improve your chances of employment, travel, and accessing certain opportunities.

Who Is Eligible for a Pardon?

Eligibility depends on several factors, including:

1. Completion of Sentence:
   You must have completed all aspects of your sentence, including:

   • Serving jail time or house arrest.

   • Paying fines, restitution, or surcharges.

   • Completing probation or parole.

2. Waiting Period:
   A specific waiting period must pass after completing your sentence:

   • 5 years for summary offences (less serious crimes).

   • 10 years for indictable offences (more serious crimes).

3. No New Convictions:
   You must demonstrate a crime-free record during the waiting period.

4. Exceptions:
   Certain convictions, such as sexual offences against minors, may render you ineligible for a Record Suspension.

How Do I Apply for a Pardon?

The process of applying for a Record Suspension involves several steps, including:

1. Obtain Your Criminal Record:
   Request your criminal record from the RCMP using your fingerprints.

2. Gather Court and Police Documents:
   Obtain copies of court documents related to your conviction and any relevant police reports.

3. Complete the Application Form:
   The Parole Board of Canada provides a detailed application guide.

4. Pay the Application Fee:
   The fee for processing a Record Suspension application is $50.

5. Submit Your Application:
   Send your completed application package to the PBC.

Why Seek a Pardon?

A Record Suspension can positively impact your life by:

• Enhancing employment and volunteer opportunities.

• Making travel to foreign countries, such as the U.S., easier (though entry is not guaranteed).

• Reducing social stigma associated with a criminal record.

Can a Lawyer Help with the Process?

Yes, a criminal defence lawyer can provide valuable assistance with your pardon application by:

• Ensuring your application is complete and accurate.

• Advising on eligibility and gathering the necessary documents.

• Addressing any legal challenges or complications.

If you’re considering applying for a pardon in Canada, contact Ryan Patmore Criminal Defence for guidance. Our team will help you understand your eligibility, navigate the process, and take steps to secure your future.

Sometimes, before a charge is laid, but a criminal investigation is ongoing, the police will call you to come in to give a statement. You could be a potential witness, or person of interest in a criminal investigation. If this happens to you, it is imperative that you call a lawyer for legal advice first.

It is not uncommon for law enforcement to seek statements during the course of an investigation. This may occur while they are in the midst of investigating a complaint, and are gathering more information against you when they already intend to lay a charge. It is also possible that they do not yet have enough information to lay a charge, and want your statement to build a stronger case against you, or someone else.

In every instance, you should call a lawyer and explain the situation so you know your options before talking to the police. It may be the case that a statement should be given, or perhaps, a limited statement under legal guidance can be given, or you may not want to give a statement at all. Everything depends on the unique facts and circumstances. You should know your rights and what to expect prior to going to any police station voluntarily.

Patmore Criminal Defence has dealt with hundreds of these situations. Many of these cases could have resulted in further jeopardy had it not been for the legal advice given. Many cases resulted in certainty by working with law enforcement to put the client’s mind at ease.

It is speculative to know the outcome in these situations, which is why legal advice is needed. The police are trained to put people at ease by saying such things as “we just want your side of the story” or “we just want to tie up some loose ends” or similar statements to that effect. The police may be seeking to put you into a false sense of security, and use their advanced techniques to obtain inculpatory evidence rom you. While it may appear innocent, and it very well may be, but it also may be a ruse to build a case against you. It will depend on the case, but it is prudent and decisive to seek out an experienced lawyer’s guidance before speaking to police in their domain.

Call us today at 403-992-4184 if you find yourself in this predicament.

The short answer is no. The decision to prosecute a criminal charge once it is laid by the police lies at the sole discretion of the Crown Prosecutor’s office. In Canada’, it is not your decision to “lay charges.” It is the decision of the police, and then it is handed to the Crown for prosecution. However, the Crown does have discretion, depending on the circumstances on nature of the allegations.

The Crown can only proceed on a criminal charge if two prerequisites are met: 1) there is a reasonable likelihood of conviction; 2) it is in the public interest to proceed. These two factors have many considerations.

Even though it is not your decision, it is not uncommon for victims or complainants to seek out their own independent legal advice. These types of situations often arise in domestic cases. If a situation requires further context, or more information after the fact, you have the option to seek out legal advice, and a lawyer can speak on your behalf to Crown counsel, or with counsel for the accused person in the resolution phases of a case. These instances will be very fact specific, and even though the Crown must consider the position of the alleged victim’s when informing their decision, that position will not dictate their decision to proceed. It may help to obtain independent legal advice in such situations, if you find yourself navigating a complex legal system after charges are laid.

Call us today at 403-992-4184 if you want more information on this process, in your particular case.

No news is good news in these situations, but it can be unnerving if you feel like an event may lead to an investigation, and a potential charge.

Patmore Criminal Defence can put your mind at ease in these situations, by providing preliminary legal advice and/or guidance. Your best option at the early stages is always exercise your right to silence until you have the necessary information to make an informed decision. If you are contacted, you can equip yourself with information with how to best handle the situation before actually retaining counsel. Call us today, and we would be happy to expand upon your options, based on the complexity of the situation.

In the Canadian Criminal Justice system, the proper use of resources and discretion in very bogged down courtrooms, requires that some cases be diverted out of court. These cases are the less serious matters, like mischief, theft under, or other minor allegations for first-time offenders deserving of second chances.

This form of diversion is called the Adult Alternative Measures program. It is referred to as Extra-Judicial Sanctions for youth offences. This program must be approved in advance by Crown counsel. It offers accused persons on the lower scale of offences, (typically no related criminal record) a second chance to avoid prosecution and a potential criminal record.

An accused person may be pre-approved for Alternative Measures, or an effective criminal defence lawyer may be able to negotiate with the Crown to achieve this very favourable result.

Call Patmore Criminal Defence today to determine if you may be eligible for Alternative Measures.