FAQ

If the police have left a card at your door and voicemail messages telling you to contact them, it is important to be cautious and seek legal advice before speaking to them. Here are some steps you can take:

1. Contact a criminal defence lawyer: A criminal defence lawyer can provide you with legal advice and representation. They can advise you on your legal rights and obligations, help you understand the situation, and advise you on how to proceed.
2. Don’t ignore the police: Ignoring the police could make the situation worse. It is important to respond to their requests in a timely manner and to seek legal advice before speaking to them.
3. Don’t destroy any evidence: It is important not to destroy any evidence that may be relevant to the investigation. Destroying evidence can result in additional criminal charges.
4. Keep records: Keep a record of all communications with the police, including voicemails and messages left at your door. This information can be useful for your lawyer and can help you remember important details.

Overall, it is important to take the situation seriously and seek legal advice before speaking to the police. A criminal defence lawyer can provide you with the guidance and representation you need to protect your legal rights.

If you have been charged with a criminal offence, the legal process can be daunting and confusing. Here is an overview of what typically happens next:

1. Arrest: Depending on the nature of the offence, you may be arrested or summoned to appear in court. If you are arrested, the police will take you into custody and you will be brought before a judge or justice of the peace as soon as possible.
2. Bail hearing: If you are in custody, you have the right to a bail hearing. At the hearing, a judge will decide whether you can be released from custody while awaiting trial. Your criminal defence lawyer can represent you at the bail hearing and argue for your release.
3. Disclosure: Once you have been charged, the Crown will provide your lawyer with disclosure, which includes all of the evidence they have against you. Your lawyer will review the disclosure and use it to build your defence.
4. Pre-trial conference: Before the trial, your lawyer may attend a pre-trial conference with the Crown to discuss the case and explore options for resolving it without a trial, such as plea bargaining.
5. Trial: If the case goes to trial, the Crown will present their evidence against you and your lawyer will have the opportunity to cross-examine the Crown’s witnesses and present evidence in your defence. The judge or jury will then make a decision based on the evidence presented.
6. Sentencing: If you are found guilty or plead guilty, you will be sentenced by the judge. The sentence can range from a fine or community service to imprisonment.

It is important to remember that you are innocent until proven guilty and that you have the right to a fair trial. If you have been charged with a criminal offence, it is important to seek legal advice as soon as possible to protect your legal rights and build a strong defence. A criminal defence lawyer can guide you through the legal process and advocate for your best interests.

For trials proceeding in the Manitoba Provincial Court or directly to the Court of King’s Bench, without a preliminary inquiry, typically between 6 month to a year. In cases where there is a preliminary inquiry followed by a trial in the Court of King’s Bench, typically between 1 to 2 years. If matters take to long to reach trial, a challenge to the right to be heard within a reasonable time can be brought forward to have the charges dismissed. For matters that proceed as summary offences, that is 18 months; for matters that proceed as indictable offences, that is 30 months.

If you feel that the conditions of your release are too difficult to follow or are making your life unbearable, you should speak to your criminal defence lawyer as soon as possible. They can help you understand your options and provide guidance on what can be done.

Depending on the circumstances, your lawyer may be able to apply to vary the conditions of your release. This could involve seeking a variation to the conditions from the court or negotiating with the Crown prosecutor to come to an agreement on more manageable conditions.

It is important to keep in mind that breaching the conditions of your release can lead to further charges and may impact your ability to obtain bail in the future. It is important to take any conditions imposed on your release seriously and work with your lawyer to address any concerns you may have.

Yes, even if you have decided to enter a guilty plea, it is still important to have a criminal defence lawyer. A criminal defence lawyer can help ensure that your rights are protected and that you receive fair treatment throughout the legal process.

Some of the ways in which a criminal defence lawyer can help you when entering a guilty plea include:

1. Providing advice and guidance: Your lawyer can explain the charges against you, the consequences of a guilty plea, and your legal options.
2. Negotiating a plea bargain: Your lawyer can negotiate with the prosecutor to reach a plea bargain that may result in a reduced sentence or a lesser charge.
3. Preparing your case: Your lawyer can review the evidence against you, gather additional evidence if necessary, and prepare a statement to present to the court.
4. Advocating on your behalf: Your lawyer can present your case to the court, argue for a fair sentence, and advocate for any mitigating factors that may reduce your sentence.

Entering a guilty plea is a serious decision with significant consequences. Having a criminal defence lawyer can help ensure that your rights are protected and that you receive the best possible outcome in your case.

Through negotiations your lawyer may be able have your matter ‘diverted’ whereby the charges are dropped upon the completion of community service, mediation, or completion of counselling. After entering guilty pleas or after conviction, your lawyer may be able to convince the court to grant you a discharge, which is a finding of guilt but not considered a criminal conviction. If you are found not guilty at trial, you will also avoid a criminal record.

You can apply through Legal Aid Manitoba if you qualify financially and the charges are of a serious enough nature. More details can be found on my Legal Aid page. If you do not qualify for Legal Aid, I am prepared to offer you a payment plan within your financial means. It is important to have proper representation when facing criminal charges.