Hiring a criminal lawyer in Brampton after you have been arrested, has the potential to impact many aspects of your life (your eating habits, sleeping habits, etc.) and will determine how the next 6-24 months will play out. Don’t hire a criminal lawyer lightly; consider the factors listed below:
1. Will the Lawyer act quickly regarding my bail hearing?
The timing of your bail hearing determines everything. Will you spend the next couple of months at home while maintaining employment, or will you spend those same couple of months at Maplehurst jail awaiting your trial date which may be several weeks away. An experienced criminal lawyer will likely be planning your release prior to the end of the day. Conversely, a lawyer who does not treat bail hearings seriously will keep you locked up for longer than necessary.
Do not hesitate to directly inquire of a prospective criminal defence lawyer regarding whether he/she can represent you at a bail hearing the very next day. Listen carefully to their response, and pay attention to whether they immediately begin discussing arranging for a surety and preparing your release plan, as well as contacting the Crown attorney’s office.
2. Does this Lawyer Regularly Appear at the Brampton Courthouse?
Each courthouse operates slightly different. However, due to the high volume of filings handled by the Crown’s office in Brampton, particularly in regards to domestic assault and impaired driving offences resulting from the large population and frequent DUI roadblocks conducted throughout peel region, a lawyer who consistently appears in Brampton courthouse will have developed familiarity with specific Crown attorneys, know which Crown attorneys are open to withdrawing a Charge against a peace bond, know which Crown attorneys are not willing to budge without a trial, and understand how the judicial pre-trial process unfolds before various judges.
Local familiarity is not a “bonus” feature. It can make the difference between resolving your case in 4 months versus dragging on for 18 months. A lawyer based in Toronto or Mississauga who rarely attends court in Brampton, regardless of his/her level of competence outside of Brampton, is essentially starting from scratch.
3. Are you getting information about your particular Charge or just generally about “criminal defence”?
“criminal defence” encompasses a broad spectrum of activity. The strategic approach taken by a lawyer towards your first offence shoplifting Charge is significantly different than the strategic approach that should be taken toward your firearm possession Charge or sexual assault allegation.
When meeting with a lawyer for the first time, do not merely inquire as to whether they practice criminal defence. Ask what type of cases similar to yours they have previously represented.
If you have been charged with an impaired driving offence, ask about their previous experiences challenging breathalyzer readings and making arguments concerning Charter breaches related to the reasonable grounds for demanding a breath test.
If you have been charged with a domestic assault offence, ask how they typically address situations where there exists a no contact order and/or you live with the complainant and/or have children together since this logistical problem often requires immediate action and potentially even within days.
If you have been charged with a drug trafficking offence, ask how they have addressed disclosure delays in your case and whether they advocate for Jordan applications where the Crown delays beyond the eighteen-month mark.
A lawyer capable of addressing your specific Charge utilizing actual examples rather than theoretical concepts demonstrates that he/she has dealt with similar issues before.
4. What is the cost structure of the Lawyer’s fees prior to signing any agreement?
Unfortunately, some lawyers mislead clients regarding their fees. Some firms provide a low flat rate fee quote initially however subsequently bill separately for every court appearance, every disclosure review and every telephone call. By the time your matter is resolved, you may end up paying three or four times the initial amount quoted.
Inquire specifically as to what is included in your fee. Is the fee quote inclusive of the entire file from beginning to end including preliminary inquiry(s) if applicable? Is the trial included in your retainer or will additional money be required to proceed to trial?
Ensure that your agreement clearly outlines what services are included and excluded. A competent and transparent lawyer will not evade answering these questions nor use ambiguous language such as “it depends on complexity”. Complexity is genuine but a good lawyer can provide you with an approximate range as well as explain what circumstances may increase the costs.
5. How did the Lawyer speak with you during your initial consultation?
This aspect is more about instincts rather than credentials; however it also counts. Did your proposed lawyer explain your charges using common everyday language or did they inundate you with Latin terms and section references to sound impressive? Did your proposed lawyer respond promptly to your inquiries or did you wait for several days to receive answers from their administrative assistant? When you asked what could realistically occur if you were found guilty, did they provide you with an honest estimate that includes both positive and negative possibilities or did they assure you that everything will be alright before reviewing the disclosure package?
You will soon entrust this individual with your reputation, job security and perhaps your eligibility to visit the United States or maintain custody rights to your minor children. This relationship needs to operate on honesty and transparency-not sales pitches. If something feels amiss during your first consultation meeting either due to lack of clarity surrounding costs or some rehearsed responses which do not pertain to your specific situation, listen to your instincts and continue searching.
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you are seeking legal representation, contact Manbir Nirwal for a free consultation. We’re here to help.
