Frequently Asked Questions

An absolute discharge occurs when you are found guilty of an offence but receive no sentence or conditions, and the matter concludes without a criminal conviction. It’s typically granted for minor offences where the court believes it’s in the best interests of the accused and society.

An absolute discharge does not carry probation conditions, unlike a conditional discharge. However, the record of the discharge remains in police databases for a limited time before being removed.

At Nirwal Law, we’ve helped clients achieve absolute discharges, ensuring their futures remain unaffected by criminal records. For expert defence in Brampton and Ontario, contact us today.

Yes, you can appeal a criminal conviction in Canada if you believe that errors were made during your trial that affected the verdict or sentence. Common grounds for an appeal include errors in the law, improper admission or exclusion of evidence, or mistakes in the application of legal principles.

Appealing a conviction is a complex and time-sensitive process. If you want to pursue an appeal, it’s essential to have an experienced criminal lawyer like Manbir Nirwal, who understands the nuances of appellate law. At Nirwal Law, we can carefully review your case, identify any grounds for appeal, and ensure the proper procedures are followed to give you the best chance of success. Whether you’re in Brampton or Ontario, Manbir Nirwal will fight to protect your rights through the appeal process.

Under the Canadian Charter of Rights and Freedoms, you have several important rights if you are arrested or detained. These include the right to know why you are being arrested, the right to remain silent, and the right to speak with a lawyer without delay. These rights are designed to ensure that you are treated fairly and lawfully.

If you are arrested, assert your rights by asking to speak to a lawyer and avoiding any statements to the police. A criminal defence lawyer can help determine whether your rights were violated and challenge any unlawful conduct by law enforcement. Nirwal Law has extensive experience protecting clients’ rights in Brampton and throughout Ontario. If you are facing charges, Manbir Nirwal will ensure your rights are upheld and fight for the best possible outcome.

Bail allows an accused person to be released from custody while their case is being resolved, usually under specific conditions like reporting to the police or staying within a certain area. A bail hearing determines whether the accused can be released and under what terms. If bail is denied, the accused will remain in custody until the case is resolved.

An experienced lawyer, like Manbir Nirwal, can help you present a strong argument for release at your bail hearing. This may include proposing a surety (a person who agrees to supervise you) or demonstrating that you’re not a risk to the public. Nirwal Law specializes in bail hearings, ensuring clients in Brampton and across Ontario can avoid unnecessary custody and focus on building their defence.

 Breaching probation conditions is a serious matter in Canada. If you violate any terms of your probation, such as failing to report to your probation officer, missing required counselling sessions, or committing another offence, you could face additional charges and more severe penalties, including the possibility of jail time.

If you are accused of breaching probation, it’s important to consult with a criminal lawyer to assess your options. Depending on the circumstances, the breach might be contested, or you may be able to negotiate an alternative solution to avoid further penalties.

Manbir Nirwal and Nirwal Law can assist you in handling probation breaches, ensuring that your rights are defended and that you are not unfairly penalized for minor infractions. Whether you’re in Brampton or across Ontario, we offer strong representation to help you avoid additional consequences.

Yes, it is possible to request a change to your undertaking or bail conditions in Canada through a process called a bail variation. Bail conditions are typically set by the court or police to ensure the accused complies with the law, attends court dates, and avoids any actions that could jeopardize public safety or interfere with the judicial process. However, sometimes circumstances change, and certain conditions may become difficult to follow or too restrictive.

To request a bail variation, you will need the Crown’s consent or, in some cases, may have to bring a formal application before the court. As a criminal defence lawyer, Manbir Nirwal at Nirwal Law assists clients in applying for changes to bail conditions by presenting valid reasons and supporting evidence that demonstrate why the modifications are reasonable. Common bail variations include changes to curfew hours, adjusting no-contact orders, or allowing specific travel for work or family obligations.

It’s essential to have experienced legal guidance when seeking a bail variation, as the process involves demonstrating that the new conditions will not increase risk to the public or the legal process.

 A bail hearing occurs shortly after an individual is arrested and charged with a crime. The purpose is to determine whether the accused should be released on bail pending trial, and under what conditions (such as house arrest, a surety, or travel restrictions). The Crown can argue against bail, while the defence will present reasons why the accused should be released, often emphasizing ties to the community, lack of flight risk, and other factors.

A preliminary hearing, on the other hand, takes place before a trial and is designed to determine whether there is enough evidence to proceed with a trial. It is not a trial itself, but rather a process where the judge reviews the evidence presented by the Crown to decide if the case should go forward.

Manbir Nirwal, as a seasoned Brampton criminal lawyer, can represent you at both stages, ensuring that your rights are protected and that you have the best chance for a favorable outcome at every step of the legal process. Whether it’s securing bail or challenging evidence at a preliminary hearing, Nirwal Law is here for you.

If you’ve been charged, it’s crucial to remain calm and respectful but avoid making any statements to the police. You have the right to remain silent and consult a lawyer. Contacting a criminal defence lawyer immediately is essential because they can explain your rights, review the charges, and represent you at every stage of the process.

Your first court appearance may involve a bail hearing, where it’s determined if you’ll be released while your case proceeds. A skilled lawyer, like Manbir Nirwal of Nirwal Law, can argue for your release under reasonable conditions and prepare a robust defence for your case. Protect your future by seeking legal help as soon as possible—Nirwal Law is here to serve clients in Brampton and across Ontario.

The Canadian Charter of Rights and Freedoms provides critical protections for individuals facing criminal charges. Section 7 guarantees the right to life, liberty, and security, while Sections 9, 10, and 11 provide additional protections, such as the right to remain silent, the right to be informed of charges, and the right to a fair trial.

If a police officer violates your Charter rights—such as by conducting an unlawful search or detention—any evidence obtained during that violation may be excluded from the trial under Section 24(2) of the Charter. This exclusion can significantly impact the Crown’s case and even lead to a dismissal of charges.

At Nirwal Law, we are well-versed in applying the Charter to defend our clients. Whether it’s challenging the legality of evidence or asserting violations of procedural rights, we ensure that every aspect of your case is reviewed from a constitutional perspective. If you’re in Brampton or Ontario, our team is here to protect your rights.

Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees the right to consult with a lawyer upon arrest or detention. This right is fundamental to ensuring that individuals have the opportunity to understand the charges against them, their legal options, and the consequences of their actions.

If you were denied access to legal counsel during or immediately after your arrest, this may constitute a Section 10(b) breach. If the breach is established, the judge may exclude any evidence gathered after the violation or even stay the charges, leading to a potential dismissal of the case.

At Nirwal Law, we take Section 10(b) violations seriously. We review every arrest and detention closely to ensure your constitutional rights are respected. If you’re in Brampton or Ontario and believe your rights were violated, we will fight to have any evidence obtained unlawfully excluded.

A conditional discharge is a sentencing outcome where you are found guilty but not formally convicted. You must meet certain conditions (such as completing probation), after which the discharge becomes absolute, leaving you without a criminal record. This option is available only for less serious offences where the court is satisfied that a discharge is in the public interest and would not bring the administration of justice into disrepute.

Conditional discharges are ideal for first-time offenders or individuals whose circumstances demonstrate they deserve a second chance. However, obtaining one requires strong legal advocacy to convince the court that your actions were an anomaly and that you are unlikely to reoffend. Your lawyer must present mitigating factors such as your background, employment, or efforts toward rehabilitation.

At Nirwal Law, Manbir Nirwal has successfully argued for conditional discharges for many clients, ensuring their futures remain unblemished by a criminal conviction. If you are seeking a dedicated criminal lawyer in Brampton, contact Nirwal Law to explore whether this option is right for you.

During the initial consultation, Criminal Defence Lawyer Manbir Nirwal will discuss the details of your case, answer any questions you may have, and provide an overview of the legal process. Manbir will explain his approach and the potential outcomes, ensuring you have a clear understanding of what to expect. This meeting is an opportunity to build trust and determine the best strategy for your defense.

For your initial consultation, bring any documents related to your charges. This includes police reports, bail papers, court documents, and any paperwork you received from the police or the court. If you have a copy of your criminal record, bring it along, as it helps provide context to your case.

If there are potential witnesses, notes, or any other details that could support your defence, jot them down and bring them as well. Additionally, prepare a list of questions or concerns you have about your case, so we can address them thoroughly during the consultation.

At Nirwal Law, we want to make the most of our time together in this first meeting. The more information you can provide upfront, the better we can start building a defense strategy tailored to your case.

A criminal offence in Canada is an action or inaction that breaks the law under the Criminal Code of Canada or other federal laws like the Controlled Drugs and Substances Act. Offences are categorized as summary (less serious), indictable (more serious), or hybrid (prosecuted as either). Examples include theft, assault, impaired driving, and fraud.

Facing criminal charges can have serious consequences, including fines, jail time, and a permanent criminal record, which may affect your future employment and travel opportunities. It’s important to take immediate steps to protect your rights. Hiring an experienced criminal defence lawyer, like Manbir Nirwal from Nirwal Law, can make all the difference in your case. Based in Brampton, Nirwal Law has the expertise to help you navigate the criminal justice system and defend your case effectively.

A criminal record can have significant and lasting consequences. It can impact your employment prospects, as many employers conduct background checks and may be hesitant to hire someone with a criminal history. It can also restrict your ability to travel, as many countries deny entry to individuals with certain types of criminal records, making it challenging to visit family abroad or travel for work.

A criminal record may affect other aspects of life, too. For example, it can create challenges in securing housing, as some landlords may view a criminal record unfavorably. It may also impact your eligibility for certain educational programs, licenses, and certifications, potentially limiting career options. In some cases, a record can affect child custody arrangements or lead to increased penalties for any future offences.

At Nirwal Law, we understand how critical it is to avoid a conviction where possible and work tirelessly to minimize the impact of criminal charges on your future.

A criminal record can significantly impact your ability to travel. Some countries, like the United States, may deny entry even for minor convictions. Each country has its own immigration rules, and a criminal record may raise red flags during the visa or entry process.

In Canada, you may be eligible to apply for a record suspension (formerly known as a pardon), which can help seal your record from public view. However, it’s important to note that even with a record suspension, foreign countries may still access your criminal history depending on their policies. Consulting with a lawyer who understands both criminal law and its implications for international travel is critical.

Nirwal Law has extensive experience advising clients on how a criminal record can impact their travel plans and future opportunities. If you’re facing charges or already have a record, our Brampton-based criminal law team can guide you through the options to minimize its effects on your life.

Yes, in Canada, you may be eligible to have your criminal record removed through a record suspension (formerly called a pardon). A record suspension seals your criminal record, making it inaccessible to most employers, landlords, and others conducting background checks. This process is available for individuals who have completed their sentence and demonstrated a period of good behaviour.

Eligibility for a record suspension depends on the type of offence and the time that has passed since you completed your sentence. For example, summary offences require a waiting period of 5 years, while indictable offences require 10 years. Note that certain offences, such as sexual offences involving minors, are not eligible for record suspensions.

If you’re looking to move forward without the burden of a criminal record, Nirwal Law can guide you through the application process. We’ve helped many clients in Brampton and across Ontario regain their freedom and opportunities by successfully obtaining record suspensions.

A criminal record check reveals certain information about an individual’s interactions with the criminal justice system, but what appears depends on the type of check requested. In Canada, a basic criminal record check will typically show any convictions for which the individual has not received a record suspension (formerly known as a pardon). This includes information on summary and indictable offenses where a conviction has been recorded.

For individuals seeking a deeper understanding, Manbir Nirwal at Nirwal Law can help clarify which specific records might appear in various types of background checks. For example, in addition to convictions, a vulnerable sector check may reveal non-conviction records, including charges that did not result in a conviction, withdrawn charges, discharges, or even peace bonds, depending on the policies of local police services and the purpose of the check. This information can be crucial for employment, volunteering, or immigration purposes.

If you are concerned about how your history may impact a background check, consult with criminal defence lawyer Manbir Nirwal, who can provide clarity on what to expect and, in some cases, how to pursue a record suspension.

 Crown disclosure refers to all the evidence the prosecution intends to use against you in court. It may include police reports, witness statements, photographs, video recordings, and expert opinions. The Crown is legally obligated to disclose this information to the defence, ensuring a fair trial.

Reviewing disclosure is one of the most critical steps in preparing your defence. It allows your lawyer to identify inconsistencies, weaknesses, or breaches of your rights in the evidence. For example, if crucial evidence was obtained illegally, it may be excluded from the trial. Understanding the Crown’s case also enables your lawyer to build a strategy that effectively counters the allegations against you.

At Nirwal Law, we meticulously analyze disclosure to ensure no stone is left unturned. Whether you’re in Brampton or anywhere else in Ontario, Manbir Nirwal will use every available legal tool to challenge the evidence and protect your rights.

The Crown prosecutor represents the state and is responsible for proving your guilt beyond a reasonable doubt. They present evidence, call witnesses, and argue the case against you. However, their duty is not to secure a conviction at all costs but to ensure justice is served fairly.

Your defence lawyer’s role is to challenge the Crown’s evidence, cross-examine witnesses, and present defences that raise reasonable doubt. Skilled negotiation with the Crown can sometimes lead to favourable outcomes, such as reduced charges or alternative resolutions.

At Nirwal Law, we have extensive experience negotiating with Crown prosecutors in Brampton and Ontario, ensuring that your rights and interests are always protected.

A full defence is one that, if successful, results in an acquittal of all charges. For example, a self-defence argument can absolve an individual of criminal liability if it’s proven that their actions were necessary to protect themselves from harm. A full defence can also include the argument that the defendant did not commit the offence, such as through an alibi or mistaken identity.

A partial defence, on the other hand, may reduce the severity of the charge or the sentence. For example, in cases of manslaughter, a partial defence like provocation could lead to a conviction for a lesser offence compared to murder. The key difference is that a full defence denies the defendant’s guilt, while a partial defence acknowledges some level of involvement but seeks to reduce responsibility or punishment.

At Nirwal Law, we work with clients to assess the best possible defence strategy—whether full or partial—to maximize the chances of a favorable outcome in Brampton or throughout Ontario.

Disclosure is the evidence that the Crown prosecutor plans to use against you in court. This can include police reports, witness statements, photographs, and video footage. By law, the Crown must provide this information to your lawyer so that you can prepare your defence.

A skilled criminal defence lawyer will carefully review the disclosure to identify weaknesses in the Crown’s case or evidence that supports your defence. At Nirwal Law, Manbir Nirwal is experienced in analyzing disclosure to ensure no detail is overlooked. If you’re in Brampton or anywhere in Ontario, we’ll work tirelessly to challenge the evidence and fight for your rights.

In Canada, once an assault charge is filed, it’s the Crown Prosecutor, not the alleged victim, who decides whether to proceed with the case. Even if the complainant wishes to formally retract their statement by providing an affidavit, the Crown can still choose to continue with the prosecution if they believe there is enough evidence to prove the offence committed. 

If you are charged with domestic assault, it’s essential to take the allegations seriously and seek legal representation immediately. Avoid contacting the alleged victim directly, as this can lead to additional charges, such as breaching conditions.

Your lawyer will review the evidence, including statements from the alleged victim and any witnesses, to identify inconsistencies or weaknesses in the case. Defences in domestic assault cases may include self-defence, consent, or a lack of intent to commit the assault.

At Nirwal Law, we understand the complexities of domestic assault cases and the potential impact on your reputation, relationships, and freedom. Manbir Nirwal has extensive experience defending clients accused of domestic assault in Brampton and throughout Ontario.

An evidentiary hearing is a pre-trial or trial hearing where the court determines whether certain pieces of evidence can be admitted in the case. It’s commonly used when the defence challenges the legality or validity of the evidence presented by the Crown, such as evidence obtained through illegal searches or wiretaps.

If the judge agrees with the defence that the evidence was improperly obtained or is irrelevant, it may be excluded from the trial. This can significantly weaken the Crown’s case, potentially leading to the charges being dropped.

At Nirwal Law, we specialize in challenging the admissibility of evidence, ensuring that your case is built on strong and lawful foundations. For expert representation in Brampton or Ontario, trust us to safeguard your rights.

Being falsely accused of a crime can be a terrifying and life-altering experience. The burden of proof lies with the Crown, which must establish your guilt beyond a reasonable doubt. However, clearing your name requires a strong defence strategy.

A criminal lawyer will gather evidence to counter the accusations, challenge the credibility of witnesses, and highlight inconsistencies in the prosecution’s case. Sometimes, cases of false accusations arise due to mistaken identity, malicious intent, or misunderstandings. Your lawyer can also pursue legal remedies if the accusations cause harm to your reputation or livelihood.

At Nirwal Law, we are committed to defending individuals falsely accused of crimes. Manbir Nirwal understands the urgency and complexity of these situations and will work tirelessly to protect your rights and reputation. If you’re facing false accusations in Brampton or Ontario, we’re here to help.

Nirwal Law offers flexible payment options to accommodate our clients’ needs. We discuss fee structures transparently during the initial consultation, ensuring there are no surprises. Our goal is to make quality legal representation accessible and affordable, and we work with clients to find suitable payment arrangements.

Nirwal Law offers fixed/flat billing with no hourly billing, so you know exactly what to expect from the start. Flexible payment plans are available to help make quality legal representation accessible.

In Canada, if you were arrested but not convicted, or if you received a discharge or were acquitted, you may be eligible to request the destruction of your fingerprints and other related police records. Destroying fingerprints can be crucial for those looking to clear their record and avoid complications with background checks for employment, volunteering, or travel.

To initiate the process of fingerprint destruction, you typically need to make a formal request to the police service that took your fingerprints. Eligibility requirements vary across jurisdictions, but generally, you may apply for fingerprint destruction if you meet these conditions:

1. Non-Conviction – Fingerprints are eligible for destruction if the charges against you were withdrawn, stayed, or if you received an absolute or conditional discharge.
2. Waiting Period – There is often a waiting period based on the nature of the outcome. For instance, in Ontario, fingerprints for absolute discharges can be destroyed after one year, while conditional discharges require a three-year wait.

Each police service has its own procedures, and some require a formal application along with supporting documentation. Manbir Nirwal, an experienced criminal defence lawyer at Nirwal Law, can help guide you through this process, ensuring all necessary documents are prepared and requirements met. Seeking assistance from a lawyer can increase the chances of a successful application, as errors or incomplete submissions can lead to delays.

Your first court appearance is an important step in the criminal justice process. It’s typically referred to as a set date appearance. During this time, the court confirms the charges against you, and you or your lawyer may receive initial disclosure (evidence the Crown plans to rely on). You will not be required to enter a plea at this stage unless you’re in a provincial court for minor offences and decide to proceed without delay.

If you don’t have a lawyer, the court will inform you of your right to legal representation. The goal of the first appearance is primarily administrative—to set future dates for disclosure review, discussions between your lawyer and the Crown, or possibly a trial. Representing yourself at this stage may seem straightforward, but having a lawyer ensures that all procedural issues are addressed properly and that no opportunities to negotiate or challenge the case early are missed.

At Nirwal Law, we take over the stress of court appearances for our clients. With a dedicated Brampton criminal lawyer like Manbir Nirwal by your side, you can focus on your life while we handle the legal details and develop a strong defence strategy.

At Nirwal Law, we handle a comprehensive range of criminal defence cases, representing clients facing everything from minor charges to the most serious criminal allegations. We provide experienced legal support for cases involving assault, theft, fraud, drug offences, impaired driving, and domestic violence. Additionally, we represent clients accused of more complex crimes like sexual offences, firearms-related charges, and property crimes.

Our goal is to build the strongest possible defence tailored to each client’s specific circumstances. Whether it’s a first-time offence, a repeat allegation, or an intricate legal issue, Nirwal Law is prepared to challenge the evidence, negotiate on your behalf, and fight to protect your rights in court. With extensive experience in bail hearings, sentencing negotiations, and trial advocacy, we are committed to achieving the best possible outcomes for our clients in every area of criminal defence.

No matter the charge, you can rely on Nirwal Law for dedicated, skilled, and compassionate representation to guide you through the legal process and defend your rights at every stage.

Facing criminal charges can be one of the most stressful experiences of your life, and the lawyer you choose can make all the difference. At Nirwal Law, we combine in-depth legal knowledge with a client-focused approach to provide personalized, effective representation.

Manbir Nirwal is a dedicated criminal defence lawyer in Brampton, serving clients across Ontario. He takes the time to understand your unique situation, ensuring that every legal strategy is tailored to your needs. Whether it’s negotiating with the Crown, challenging evidence, or representing you at trial, we’re committed to achieving the best possible outcome for your case.

Choosing Nirwal Law means having a compassionate advocate who fights tirelessly for your rights. If you’re looking for a Brampton criminal lawyer or legal representation anywhere in Ontario, contact us today for a consultation. Your defence is our priority.

Yes, even if you plan to plead guilty, hiring a lawyer is critical. A guilty plea can lead to a criminal record, fines, or jail time, which could impact your ability to work, travel, or pursue education. A criminal defence lawyer can negotiate with the Crown prosecutor to reduce your charges or penalties and ensure you understand the full implications of your plea.

At Nirwal Law, we believe that everyone deserves a fair outcome, even if they choose to plead guilty. Manbir Nirwal will review your case carefully, identify any opportunities for a reduced sentence, and provide clear advice so you can make informed decisions. If you’re in Brampton or anywhere in Ontario, trust Nirwal Law to guide you through the process.

Hiring Nirwal Law means partnering with a dedicated criminal defence lawyer who prioritizes your rights, your future, and your peace of mind. Manbir Nirwal’s approach to criminal defence is client-focused, ensuring that each client receives personal attention and clear, honest guidance throughout their case. With extensive experience in the Canadian criminal justice system, Nirwal Law is committed to building strong, strategic defences and working tirelessly to achieve the best possible outcomes.

Manbir Nirwal understands that every client’s situation is unique, and he tailors his defence strategies to suit the specifics of each case, whether it’s a minor charge or a serious criminal allegation. As a solo practitioner, he’s directly involved in every aspect of your case—from initial consultation to court appearances—ensuring you receive a high level of personalized representation.

At Nirwal Law, you’ll receive clear, open communication and reliable support at every stage, so you’re never left wondering what’s next. Manbir Nirwal’s dedication to his clients means he’s always prepared to go the extra mile to protect your rights and work toward a favorable resolution. Whether you’re facing charges or looking to clear your record, Nirwal Law is here to stand by you every step of the way.

A hybrid offence, also known as a dual-procedure offence, allows the Crown prosecutor to decide whether to treat the charge as a summary conviction offence (less serious) or as an indictable offence (more serious). Examples of hybrid offences include theft under $5,000, impaired driving, and common assault.

The decision depends on factors such as the severity of the alleged crime, your criminal history, and the circumstances surrounding the offence. Summary conviction offences typically result in lighter penalties, while indictable offences carry more serious consequences, including the possibility of a longer prison sentence. An experienced criminal lawyer can assess the details of your case and advocate for the Crown to proceed with the lesser option if possible.

At Nirwal Law, we analyze your case in depth to anticipate how the Crown may proceed and build a strategy accordingly. If you’ve been charged with a hybrid offence in Brampton or anywhere in Ontario, we’ll ensure you are prepared for any eventuality and work towards the best possible outcome.

Yes, a criminal conviction can impact your immigration status in Canada. Permanent residents, refugees, or foreign nationals may face deportation or inadmissibility for certain offences, especially serious crimes or those involving violence, fraud, or drugs. Even minor convictions can trigger immigration consequences depending on the circumstances.

It’s essential to involve both a criminal lawyer and an immigration lawyer if your case could affect your status. A skilled lawyer can negotiate for alternative resolutions, such as conditional discharges, that avoid triggering immigration penalties. Acting quickly and strategically is key to protecting your ability to remain in Canada.

Nirwal Law offers expert guidance for clients navigating both criminal and immigration concerns. If you’re in Brampton or Ontario and worried about how criminal charges may impact your immigration status, we can help protect your future.

Impaired driving, including driving under the influence of alcohol or drugs, carries serious penalties in Ontario. For a first offence, you may face a fine of $1,000 or more, a license suspension of at least one year, and mandatory participation in an education or treatment program. Subsequent offences can result in jail time, longer license suspensions, and even vehicle impoundment.

The consequences extend beyond legal penalties. A criminal record for impaired driving can affect employment opportunities, insurance rates, and your ability to travel internationally. Hiring an experienced criminal defence lawyer is essential to minimize these consequences and explore potential defences, such as challenging the validity of a breathalyzer test or the legality of the traffic stop.

At Nirwal Law, we’ve successfully defended clients facing impaired driving charges in Brampton and across Ontario. If you’ve been charged, contact us to protect your driving privileges and your future.

A judicial pre-trial (JPT) is a meeting in the Canadian criminal justice system held between the judge, Crown prosecutor, and defence counsel to discuss and potentially resolve aspects of a criminal case before it goes to trial. The goal of a JPT is to streamline the case by identifying issues, discussing evidence, negotiating possible resolutions, and estimating the time required if the case proceeds to trial. This process can often lead to plea agreements, clarify legal issues, or set the stage for an efficient trial by narrowing down the issues.

In most cases, an accused person is not required to attend a judicial pre-trial, as the meeting primarily involves legal discussions between the lawyers and the judge. However, it’s essential to have a criminal defence lawyer present at the JPT to represent your interests and negotiate on your behalf. Manbir Nirwal, a criminal defence lawyer at Nirwal Law, uses JPTs to assess the strength of the Crown’s case, advocate for fair resolutions, and ensure that clients are fully informed about their options and potential outcomes.

If your case is proceeding to trial, a JPT can be a valuable opportunity for your lawyer to work toward the best possible outcome without the added stress and expense of a trial.

At Nirwal Law, we are committed to making legal services accessible to everyone, regardless of language barriers. Criminal Defence Lawyer Manbir Nirwal understands that effective communication is crucial when navigating the complexities of the criminal justice system. To accommodate clients from diverse backgrounds, Nirwal Law provides services in English, Punjabi & Hindi and can arrange for translation services for other languages when needed, ensuring that you fully understand your case, rights, and legal options.

Whether you’re more comfortable speaking Punjabi, Hindi, or another language, we prioritize clear and effective communication at every step. If your case involves a language barrier, we can arrange professional interpreters or translation services to ensure all legal proceedings and documents are accessible to you in a language you understand.

At Nirwal Law, we believe that everyone deserves equal access to quality legal representation, and we take proactive steps to make sure that our services are accessible, transparent, and client-focused. If you have any specific language preferences, please let us know, and we will do our best to accommodate you.

Yes, you can change your lawyer at any point during a criminal case, provided it does not delay the proceedings unreasonably. It’s essential to feel confident in your legal representation, as a strong defence is critical for achieving the best possible outcome.

If you’re dissatisfied with your current lawyer, consult with another criminal lawyer to assess your case and discuss options for transitioning representation. A new lawyer can request your file and work to get up to speed quickly to minimize delays.

Nirwal Law has taken over cases at various stages, providing clients with renewed confidence in their defence. If you’re seeking a Brampton criminal lawyer or need a fresh perspective anywhere in Ontario, reach out to us for a consultation.

Manslaughter and murder are both serious criminal offences involving the unlawful killing of another person, but they differ in terms of intent and the degree of culpability. Murder is defined as the intentional killing of someone or causing their death with reckless disregard for their life. There are two types: first-degree murder (premeditated and planned) and second-degree murder (not premeditated but still intentional).

Manslaughter, on the other hand, typically involves a killing that occurs without the intent to cause death, such as in cases of provocation or a momentary loss of control. It is considered a less severe offence than murder, and the penalties reflect this difference.

At Nirwal Law, we have extensive experience defending clients charged with both manslaughter and murder. Whether you’re in Brampton or Ontario, we will thoroughly investigate the circumstances of your case to craft the strongest defence possible.

When facing criminal charges, having the right legal representation can be the difference between a positive outcome and lasting consequences. At Nirwal Law, we focus exclusively on criminal defence, bringing extensive experience, attention to detail, and a commitment to each client’s case. Manbir Nirwal understands the stress and uncertainty that come with criminal charges and works diligently to protect your rights and fight for the best possible results.

Whether you’re facing charges for impaired driving, assault, drug offences, or other criminal matters, Nirwal Law offers personalized representation tailored to your situation. Located in Brampton and serving clients across Ontario, we’re here to help you through every stage of the legal process. Contact Nirwal Law today to discuss your case and take the first step towards protecting your future.

A peace bond, often requested to prevent harm or address safety concerns, is a protective court order under Canadian law that requires an individual to maintain specific conditions for up to 12 months. Peace bonds are typically sought by individuals who fear for their personal safety, security of their property, or safety of a loved one due to another person’s conduct or threats, even if no criminal offense has occurred.

As a criminal defence lawyer in Canada, Manbir Nirwal at Nirwal Law often encounters clients facing peace bond requests as an alternative to criminal charges. When a person enters into a peace bond, they agree to follow certain conditions imposed by the court, such as keeping a specified distance from a particular person, refraining from contact, or avoiding certain locations. Violating a peace bond is a criminal offense, which could lead to further legal consequences.

For those concerned about the implications of a peace bond or needing advice on how to navigate this legal order, Manbir Nirwal provides trusted counsel. Understanding peace bonds and ensuring compliance with their conditions is essential to maintaining a clean record and staying out of legal trouble.

Plea bargaining is a negotiation between your defence lawyer and the Crown prosecutor to resolve a case without going to trial. This process can result in reduced charges, lighter penalties, or both. For example, a charge of assault causing bodily harm might be reduced to simple assault if your lawyer can present mitigating factors.

Plea bargaining can be beneficial, saving time, legal fees, and emotional stress. However, it’s not always the best option. A skilled lawyer will assess whether a plea deal serves your best interests or whether taking the case to trial offers a better chance of a favourable outcome. The key to successful plea bargaining is having an experienced advocate who can negotiate effectively with the Crown.

At Nirwal Law, we prioritize your best interests, whether that means negotiating a fair plea deal or preparing a robust defence for trial. If you’re seeking a Brampton criminal lawyer who understands the nuances of plea bargaining, contact us to discuss your options.

Yes, you have the right to refuse a police search or questioning in many situations, but there are exceptions. Generally, the police need a warrant to search your property or seize items. However, there are circumstances where they can search without a warrant, such as during an arrest or if evidence is in plain view.

You also have the right to remain silent if questioned by the police. This is a fundamental right under the Canadian Charter of Rights and Freedoms. Exercising this right can protect you from unintentionally incriminating yourself. Always ask to speak with a lawyer before answering any questions or consenting to a search.

At Nirwal Law, we provide immediate legal advice for individuals dealing with police interactions. If you need a criminal defence lawyer in Brampton or anywhere in Ontario, contact us to ensure your rights are upheld.

A preliminary inquiry is a pre-trial process for serious (indictable) offences where the Crown must demonstrate sufficient evidence to justify a trial. It is not a trial itself but an opportunity for the defence to assess the strength of the Crown’s case.

During the inquiry, the defence can cross-examine witnesses and identify weaknesses in the evidence. If the Crown fails to meet the standard of proof, the charges may be dismissed.

At Nirwal Law, we use preliminary inquiries to their fullest advantage, building strong defences and preparing for trial when necessary. Contact us for expert criminal defence representation in Brampton and Ontario.

Pre-trial detention occurs when an accused person is held in custody while awaiting trial. This can happen if the court believes you are a flight risk, pose a threat to public safety, or might interfere with the administration of justice. Being detained before trial can have severe consequences, such as job loss, stress, and difficulty preparing your defence.

To avoid pre-trial detention, a strong bail plan is essential. This includes having a surety (someone who supervises you and ensures compliance with conditions), proposing reasonable conditions (such as house arrest or curfews), and demonstrating that you are not a risk to reoffend. A skilled lawyer can present a persuasive argument to the court for your release.

At Nirwal Law, we have successfully secured bail for countless clients, helping them avoid the hardships of pre-trial detention. If you or a loved one is facing a bail hearing in Brampton or Ontario, trust us to provide the dedicated representation you need.

Probation is a court-imposed sentence in Canada that allows an individual to remain in the community under specific conditions rather than serving time in custody. Probation aims to support rehabilitation and help prevent reoffending by monitoring the individual’s behavior and ensuring compliance with conditions set by the court. Probation can be ordered as a standalone sentence or, in some cases, in combination with other penalties, such as a suspended sentence.

As a criminal defence lawyer, Manbir Nirwal at Nirwal Law often works with clients to help them understand their probation conditions and how to meet them. Some of the common conditions of probation in Canada include:

1. Keeping the Peace and Being of Good Behavior – This is a standard condition, requiring individuals on probation to avoid criminal activity.
2. Reporting to a Probation Officer – Probation orders often require regular check-ins with a probation officer to monitor compliance.
3. No Contact Orders – Some probation orders restrict contact with specific individuals, such as victims or co-accused persons.
4. Counseling or Treatment Programs – Courts may require attendance at counseling for issues like substance abuse or anger management.
5. Community Service – Completing a set number of community service hours is sometimes part of probation conditions.

Failure to comply with probation conditions can lead to additional charges or penalties, so it’s important to fully understand and adhere to them. Manbir Nirwal provides guidance to help clients navigate their probation terms, ensuring they remain in compliance and avoid further legal issues.

Probation is a court-imposed sentence that allows you to live in the community under specific conditions instead of or in addition to serving jail time. Conditions may include keeping the peace, reporting to a probation officer, or attending rehabilitation programs. A breach of probation can result in additional charges or penalties.

Parole, on the other hand, is the supervised release of an individual from prison before their sentence is completed. It allows the person to serve the remainder of their sentence in the community, provided they adhere to strict terms set by the parole board. A parole violation can result in being sent back to custody.

Understanding the difference between these two is crucial for anyone navigating the criminal justice system. At Nirwal Law, we provide clear advice and representation for clients dealing with probation or parole matters. If you’re in Brampton or Ontario, rely on us to guide you through these processes with clarity and confidence.

Probation and conditional sentences are both types of community-based sentences, but they differ in their conditions and the severity of the penalty. Probation is generally a sentence that is served in the community, with conditions set by the court, such as regular check-ins with a probation officer, attendance at counselling, or restrictions on travel. Violating the terms of probation can lead to additional penalties.

A conditional sentence, on the other hand, is a prison sentence that is served in the community, but only if the court believes that incarceration is not necessary. Conditional sentences are typically given for less serious offences, and they allow the offender to serve their sentence under strict conditions, such as house arrest or electronic monitoring.

At Nirwal Law, Manbir Nirwal can help you explore the most favorable sentencing options for your case. Whether you’re in Brampton or elsewhere in Ontario, we work hard to secure alternatives to jail and ensure that you receive a just sentence.

Applying for a record suspension, formerly known as a pardon, allows individuals convicted of certain crimes in Canada to have their criminal record set aside. This can greatly improve access to employment, education, volunteering, and travel. However, obtaining a record suspension is a detailed process with specific eligibility requirements set by the Parole Board of Canada (PBC).

To apply for a record suspension, you must first confirm that you meet the eligibility criteria, which generally requires that all fines, fees, and sentences are fully served, including any probation or parole, and that you’ve completed a mandatory waiting period—5 years for summary offenses and 10 years for indictable offenses. Once eligible, the application involves gathering detailed documents, including:

1. Court Information and Records – You’ll need records of each conviction and completion of sentences.
2. Police Records Check – This is obtained from the local police service in your area.
3. Fingerprinting – Fingerprints are typically required to confirm your identity and assist in locating records.

The completed application, along with the application fee, is then submitted to the PBC. Manbir Nirwal, a criminal defence lawyer at Nirwal Law, can guide clients through the record suspension process, ensuring that all documents are accurately completed and that the application stands the best chance of success. Hiring an experienced lawyer for assistance with a record suspension can help streamline the process and avoid delays due to missing or incomplete documentation.

During an arrest, you have several key rights protected under the Canadian Charter of Rights and Freedoms. These include the right to remain silent, the right to be informed of the reasons for your arrest, and the right to consult a lawyer without delay.

It’s crucial to exercise these rights. Remaining silent protects you from saying something that could later be used against you. Speaking with a lawyer ensures you understand your legal options and receive advice tailored to your situation. If your rights are violated during the arrest, it may form the basis of a defence.

At Nirwal Law, we’ve successfully defended clients by challenging unlawful arrests. If you’ve been arrested in Brampton or anywhere in Ontario, contact us immediately to ensure your rights are protected.

While you have the right to represent yourself in a criminal case, it is highly discouraged. Criminal law is complex, and the stakes are high, with potential consequences including jail time, fines, and a criminal record. Without a thorough understanding of court procedures, evidence rules, and legal defences, you risk jeopardizing your case.

A skilled criminal lawyer can analyze the evidence, identify weaknesses in the Crown’s case, and present your defence effectively. They can also negotiate with prosecutors for reduced charges or penalties. Representing yourself denies you these advantages and often leads to unintended consequences, even in seemingly straightforward cases.

At Nirwal Law, we believe that everyone deserves skilled representation to protect their rights and future. If you are facing charges in Brampton or anywhere in Ontario, trust Manbir Nirwal to handle your case with professionalism and dedication.

 A joint submission on sentence occurs when both the Crown and the defence agree on the appropriate penalty for an accused individual after a conviction or guilty plea. It is based on the premise that a negotiated sentence, presented to the judge, is reasonable and in the best interests of both parties. The judge may accept the joint submission or reject it if they feel it is unjust, but they generally respect the agreement if it’s reasonable and fair.

For a joint submission to be successful, both parties must agree on the appropriate sentence based on factors such as the nature of the offence, the accused’s criminal history, and efforts at rehabilitation. A well-prepared joint submission can often result in a more lenient sentence, such as probation, community service, or a conditional discharge, rather than jail time.

At Nirwal Law, we negotiate effectively with Crown prosecutors to secure joint submissions that minimize the impact on your life. We have successfully obtained reduced sentences for many clients in Brampton and across Ontario through these agreements.

In Canada, the sentencing process for criminal convictions can result in a variety of penalties depending on the nature of the offence, the severity of the crime, and the circumstances of the offender. The court will consider all factors, including the offender’s background, whether they’ve shown remorse, and the impact of the crime on victims. Some of the most common sentences a court could impose include:

1. Absolute Discharge – This means the offender is found guilty, but no conviction is recorded. It’s typically given when the court believes the individual does not need punishment and the offence is minor. The individual is released without further conditions.

2. Conditional Discharge – This sentence allows the offender to be released with certain conditions (such as probation) for a specified period. If the conditions are met, the discharge becomes absolute, and no criminal record is created.

3. Probation – A common sentence, probation requires the offender to comply with specific conditions set by the court, such as reporting to a probation officer, attending counselling programs, or refraining from contacting certain individuals. It is typically imposed in place of or following a jail sentence.

4. Fines – The court may impose a monetary fine on the offender, usually for less serious offences, as a way to penalize them financially.

5. Suspended Sentence – In some cases, the court may impose a sentence but suspend it, meaning the offender does not serve jail time unless they violate the terms of their probation or other conditions.

6. Incarceration (Jail Time) – For more serious offences, the court may impose a prison sentence. This is usually reserved for crimes with severe consequences or repeat offenders. Jail time can vary in length based on the crime and the circumstances.

7. Conditional Sentence – This is a sentence served in the community under strict conditions, such as house arrest or curfews. It is often imposed for less serious crimes where the offender is considered unlikely to reoffend.

8. Restitution or Compensation – In some cases, the offender may be ordered to compensate the victim for any losses or damages caused by their crime, such as paying for medical bills or property damage.

9. Community Service – Courts may order offenders to complete a set number of hours of community service as a form of restitution and rehabilitation.

10. Rehabilitation Programs – Courts may require offenders to attend programs such as drug or alcohol rehabilitation, anger management classes, or other counselling services as part of their sentence.

11. Youth Sentences – For offenders under the age of 18, the court may impose specific youth sentences, which focus more on rehabilitation rather than punishment. These may include probation, community service, or attendance at youth programs.

The specific sentence imposed depends on the facts of the case, the offender’s criminal history, and other relevant factors. At Nirwal Law, we help clients understand their sentencing options and work to achieve the most favorable outcome possible based on the circumstances. Manbir Nirwal can provide advice on mitigating factors and prepare strong arguments for a reduced sentence or alternative sentencing options.

A sentencing hearing occurs after a guilty plea or conviction, during which the court determines the appropriate punishment for the offence. Both the Crown and the defence present submissions, which may include recommendations for penalties, victim impact statements, mitigating factors, and arguments about the offender’s character and circumstances.

The judge considers factors such as the severity of the offence, the impact on the victim, and the offender’s criminal history. Mitigating factors, such as remorse, efforts at rehabilitation, or lack of prior convictions, can result in lighter sentences. Aggravating factors, like repeated offences or the use of violence, may lead to harsher penalties.

At Nirwal Law, we prepare comprehensive submissions that highlight the mitigating factors in your case, aiming for the most lenient outcome. Whether in Brampton or elsewhere in Ontario, we’ll advocate passionately on your behalf.

Sentencing circles are a restorative justice practice used in some parts of Canada, particularly in Indigenous communities, as an alternative to traditional sentencing. These circles involve the community, the victim, the offender, and the judge to discuss the impact of the crime and determine an appropriate sentence that emphasizes healing and reconciliation over punishment.

The goal of sentencing circles is to foster understanding and accountability while encouraging rehabilitation. They are particularly useful for minor offences and when the offender shows genuine remorse and willingness to make amends.

At Nirwal Law, we advocate for alternatives to traditional sentencing, including sentencing circles when applicable. We believe in the power of restorative justice and work to secure the most constructive outcomes for our clients in Brampton and throughout Ontario.

Mitigating factors are circumstances that reduce the severity of a sentence. These may include a lack of prior criminal history, expressions of remorse, rehabilitation efforts, or the crime being out of character. Judges consider these factors to impose lighter penalties.

Aggravating factors, on the other hand, increase the severity of a sentence. Examples include using a weapon during the offence, targeting a vulnerable victim, or having a criminal record. These factors may lead to harsher penalties to reflect the seriousness of the crime.

At Nirwal Law, we emphasize mitigating factors to secure lenient outcomes for our clients. If you need a skilled Brampton criminal lawyer, we’re here to advocate for you.

The sentencing process in a criminal case begins after a defendant is convicted, either by plea or trial. The judge will consider a variety of factors before determining the appropriate sentence, including the nature of the offence, the defendant’s criminal record, and the impact of the crime on the victim. Both the Crown and the defence will present arguments, and the defendant may have the opportunity to address the court before sentencing.

If you are facing sentencing, it’s crucial to have a criminal lawyer who can argue for a fair and appropriate sentence, possibly advocating for alternatives to jail, such as probation, community service, or rehabilitation programs. Manbir Nirwal, a leading criminal defence lawyer in Brampton, is experienced in helping clients navigate the sentencing process and works to secure the most favorable outcome possible.

A stay of proceedings is a legal term referring to the suspension of legal proceedings in a criminal case. It may be granted for several reasons, such as violations of an accused person’s Charter rights, unreasonable delays, or when the prosecution fails to disclose evidence.

A stay is not the same as an acquittal; it temporarily halts the case. However, in some situations, such as a failure to disclose evidence or misconduct by law enforcement, the case may be permanently stayed, effectively ending the charges against the defendant.

At Nirwal Law, we meticulously examine the facts of each case to determine whether a stay of proceedings is warranted. We’ve successfully argued for stays in Brampton and across Ontario, ensuring that our clients’ rights are upheld throughout the legal process.

Summary offences are less serious criminal charges that carry lighter penalties, such as fines up to $5,000 or jail time of up to six months (in most cases). Examples include causing a disturbance or trespassing at night. Summary offences are typically resolved faster and are tried in provincial courts without a jury.

Indictable offences, on the other hand, are more serious and carry harsher penalties, such as significant fines, long prison sentences, or both. Examples include murder, aggravated assault, and robbery. Indictable offences often involve more complex court proceedings and may be tried before a judge and jury.

Understanding the distinction is critical, as it affects how your case will proceed and the potential outcomes. Nirwal Law has a proven track record of defending clients charged with both summary and indictable offences in Brampton and across Ontario. Let us provide the strong representation you need.

The duration of a criminal case in Canada can vary significantly based on several factors, including the complexity of the case, the type of charges, and the jurisdiction. Generally, criminal cases may take anywhere from a few months to over a year to conclude. Simple cases involving minor offenses, where the accused may be considering a guilty plea, can often resolve within a few months. In contrast, cases involving more serious or complex charges, multiple witnesses, or significant amounts of evidence may take much longer, particularly if they proceed to trial.

The timeline can be impacted by factors such as:

1. Case Complexity and Evidence – More complex cases with extensive evidence, forensic analysis, or expert testimony require more preparation and court time.
2. Court Schedules and Delays – Court backlogs, especially in busy jurisdictions, can result in scheduling delays that extend the process.
3. Resolution Efforts – If your defence lawyer can negotiate a resolution, such as a plea deal, it may shorten the case. Otherwise, cases that proceed to trial generally take longer.

Manbir Nirwal, a criminal defence lawyer at Nirwal Law, works efficiently to keep cases on track while ensuring a thorough defence. He understands the importance of minimizing delays and keeps clients informed about timelines, potential delays, and all steps in the process. Each case is unique, and having an experienced lawyer by your side can help streamline the process and protect your rights at every stage.

In a criminal trial, the Crown bears the burden of proving the defendant’s guilt beyond a reasonable doubt. This legal standard is one of the cornerstones of Canadian criminal law. Reasonable doubt doesn’t mean the absence of any doubt, but rather that no reasonable person would doubt the accused’s guilt based on the evidence presented. If a reasonable doubt exists, the accused must be acquitted.

The defence lawyer’s role is to challenge the Crown’s evidence and present a case that raises reasonable doubt in the mind of the judge or jury. The higher the level of doubt, the greater the chances of acquittal. In complex cases, such as those involving circumstantial evidence or conflicting witness testimonies, raising reasonable doubt becomes a powerful tool in securing a favorable verdict.

At Nirwal Law, we specialize in identifying and highlighting weaknesses in the Crown’s case, ensuring that any reasonable doubt is fully explored in court. Whether you’re in Brampton or anywhere in Ontario, we offer meticulous defence strategies to protect your freedom.

The length of a criminal trial process varies depending on factors such as the complexity of the case, the type of charges, and the court’s availability. For less serious offences, the process may take a few months, while serious or complex cases can take over a year to resolve.

The process begins with your first court appearance, followed by disclosure review, pre-trial motions, and potentially a trial. Each stage requires careful preparation and strategic decision-making. Delays can occur due to scheduling conflicts, the need for further evidence, or procedural issues. It’s important to have a lawyer who actively manages your case to minimize delays and work towards an efficient resolution.

At Nirwal Law, we understand the stress and uncertainty of facing criminal charges. Manbir Nirwal ensures that your case progresses as smoothly as possible, providing regular updates and tailored legal advice. Whether you’re in Brampton or anywhere in Ontario, we’ll guide you every step of the way.

If your criminal case goes to trial, the process involves a thorough examination of all evidence presented by both the Crown and the defence. You will have the opportunity to challenge the evidence against you, present your own defence, and cross-examine witnesses. A judge or jury will then decide whether you are guilty or not guilty based on the facts presented.

Going to trial is a significant step in the criminal justice process and can be stressful, but with the right legal representation, you can navigate it effectively. The stakes are high, and the consequences of a conviction can be severe, so it’s crucial to have a skilled criminal lawyer, such as Manbir Nirwal of Nirwal Law, by your side. If you’re in Brampton or anywhere in Ontario, Manbir Nirwal will ensure that your case is presented in the best possible light, using his extensive knowledge and experience to fight for your rights.