Criminal law

At VM Law, we are focused on helping clients from start to finish on a variety of criminal offences, including but not limited to the below.

Violent Offences

These offences range from less serious offences like Assault and Criminal Harassment to more serious offences such as Domestic Assault and Sexual Assault.

Property Offences

These offences are most common and minor offences within the Courts. These offences consist of Shoplifting, Theft, Fraud & Robbery.

Driving Offences

These offences consist of mandatory minimum penalties and are similar for a variety of driving offences. Driving offences generally refer to Impaired Driving, Over 80, Refuse Breath Sample & Dangerous Driving.

Drug Offences

These offences are listed under the Controlled Drug and Substances Act. They consist of Possession, Trafficking and Production offences relating to a variety of substances.

Firearm Offences

These offences range from less serious offences like Assault and Criminal Harassment to more serious offences such as Domestic Assault and Sexual Assault.

Youth Offences

These offences are under the Youth Criminal Justice Act which apply to youths between the ages of 12-17. Under the YCJA, youths are offered additional protective measures in comparison to adults.

Criminal Process

Bail Hearing

If you are arrested for a criminal offence and have not been released by the police, then you will be taken to court before a Justice of the Peace within 24 hours to address bail. At the Bail Hearing, the Justice of the Peace will determine whether you are to be released pending trial, this can involve being released on your own or alternatively with a surety under specific conditions. If you are denied bail, you will remain in custody pending trial. To enhance the chances of release, it is important to retain a competent lawyer to represent you.

FIRST APPEARANCE

The First Appearance is an administrative stage whereby you will be required to appear before a Justice of the Peace at court. During this stage, the Crown Attorney will be providing you with disclosure. The disclosure outlines the allegations against you, this information will also assist you in making an application to Legal Aid Ontario and assist in retaining a lawyer to represent you throughout the legal process.

PRE-TRIALS

Following receipt of disclosure, a Crown Pre-Trial takes place. This is a resolution meeting between your lawyer and the Crown Attorney. The purpose is to determine if the Crown is proceeding on the charges and if there is some form of resolution by way of a withdrawal, diversion or a plea. If there is no resolution, then the next stage is a Judicial Pre-trial, whereby the matter is before a Judge to discuss the merits of the case and determine if there is a possible resolution or if there are issues to take the matter to trial.

GUILTY PLEA

Only you can decide and instruct your lawyer to plead guilty. If you intend to plead guilty then your lawyer and the Crown Attorney will negotiate the charges to plea to, which facts are being accepted and the sentence to impose. Once a plea has been entered, the Judge will then determine a just and appropriate sentence based on a variety of factors and circumstances.

Trial

At the trial stage, the Crown will present evidence and make their case against you.

After the Crown’s case, you or your lawyer will be allowed to present your evidence and make a case for your innocence.

At the completion of the trial process, the Judge or Jury would render a guilty or not guilty verdict.