Defending the Accused: Criminal Rights in Canada

Criminal Rights in Canada

Have you been accused of a crime in Canada? Trying to understand what your rights are can be confusing, particularly if you find yourself in a distressing situation. Talking to police officers and judges can be very intimidating and it can be all too easy to make a mistake that could have a negative impact on any potential trial. For this reason, it is essential that you are fully aware of criminal rights under Canadian law during a legal proceeding.

Presumed Innocence

Some people believe that the accused is automatically responsible for a crime and must endeavour to defend themselves, this is technically not true. It is the duty of the individual making the accusation to demonstrate that you are guilty of a charge or offence. Otherwise, you must be presumed innocent by all before any judgment is made.

Nevertheless, the vast majority of individuals accusing you of a crime will have experienced legal support from professionals, usually lawyers or paralegals. For this reason, you should never overestimate your presumed innocence. Having a professional and experienced lawyer by your side can help make sure you receive the best defence possible. Without this support, you could easily lose your case and be unfairly or unfavourably convicted.

Right for Representation

Much like being innocent, an accused criminal has the equal right for representation. This representation means having someone to act, speak and defend on your behalf. Given that the opponent is likely to have a professional fighting against your case, it is extremely important to have a representative who also has legal experience.

Right to Remain Silent

At any point of you being charged or arrested, you might be asked to make a comment.  Remember, criminal rights law states that you have the complete right to stay silent. If you do choose to speak to an officer, you must be honest, as any false or incorrect comments may complicate your defence. If you find a police officer acts inappropriately and does not respect this right, do make a note of it and inform your lawyer.

Right to Talk to a Lawyer

Under the Canadian Charter of Rights and Freedoms, all those accused of a crime have the right to seek legal advice. This means police officers must make it possible for you to contact a legal professional. You do not have to answer any questions during this time. However, if you refuse this right or fail to contact a lawyer after a period of time, officers are then permitted to question you. If you are charged or detained by police and are then refused the right to seek legal counsel, you must make a note of it and inform a lawyer, as it could alter your defence.

Find Criminal Rights Lawyers in Toronto

If you have been accused of a crime in Canada, knowing your criminal rights is just the first step in defending your name. Having a legal professional by your side can make all the difference. Not only do criminal lawyers have the skills to represent you fairly in legal proceedings, but they also possess years of legal experience to build you a stronger defence.

At What The Law, we offer a fully transparent service, with flexible payment plans and 24/7 availability. Our team of experienced lawyers have sound knowledge of criminal rights and will endeavour to fight for the best defence possible. We serve as criminal rights lawyers in Toronto and the Greater Toronto Area, including Scarborough, North York, Richmond Hill, Aurora, Barrie, Bradford, Mississauga, Brampton and Oshawa. Get in touch with us today, we are here to help you!