Call: 416.605.4811
Weisberg Logo

Frequently Asked Questions About Criminal Law

This FAQ is meant to assist as a general overview of the criminal process. It is recommended to read through this FAQ prior to your first meeting with Adam Weisberg. The procedures in the FAQ are specific to the Greater Toronto Area but will generally apply consistently across Ontario. It is strongly recommended that if you are facing a criminal charge that you immediately contact a criminal lawyer for a proper legal consultation.

The Beginning of the Criminal Process

While the police have the authority to arrest once they have reasonable grounds to do so, there is no absolute requirement that they must arrest a suspect immediately once they have obtained reasonable grounds.

Read More

You should contact Weisberg Law Professional Corporation immediately. A criminal lawyer in Toronto, or elsewhere in Ontario, can determine whether a warrant has been issued for your arrest, whether you are believed to be a witness, or whether you are considered a person of interest.

Read More

First Steps after Arrest

Everyone who is arrested and not released from the scene of the alleged crime, or is not released later from the police station, will require a bail hearing to determine whether they are released or detained in custody. The bail hearing will set the tone for the whole matter. Winning the bail hearing is an important first step in the criminal process.

Read More

Once you have been released from custody, you will be required to appear in Court for a “first appearance.” Rest assured; your trial will not take place at your first appearance. No witnesses will be present, and no evidence will be called against you. The first appearance is an opportunity for the Crown to provide “disclosure” to an accused person.

Read More

Meeting with my Lawyer

At Weisberg Law, clients are met immediately upon being retained to strategize and discuss potentially helpful evidence that may need to be preserved. When significant evidence must be preserved, action must be taken quickly.

Read More

Everyone accused of a crime in Canada has a right to know the case against them, and they gain that knowledge by reviewing disclosure. Disclosure will usually take the form of paper documents, audio recordings, and videos that outline the case against an accused person. These materials may include the notes of police officers, statements taken from witnesses, video footage, photographs, and computer data, among other things.

Read More

Resolution Meetings, Pre-trials, and Judicial Pre-trials

When a criminal defence lawyer meets with a prosecutor (a Crown Attorney) to formally discuss a case, it is known as a Crown pre-trial or Crown Resolution Meeting. These meetings are mandatory in all Toronto courthouses and most other jurisdictions. The primary purpose of these meetings is for the criminal defence lawyer and the Crown Attorney to decide on time estimates for a trial or preliminary hearing. Crown pre-trials are also routinely held in cases that never actually proceed to trial because discussions about resolution will also occur at these meetings.

Read More

A judicial pre-trial is not unlike a Crown pre-trial, except that a judge presides over the discussion. These meetings often occur in a judge’s chambers, and no official record is kept of what is said between the lawyers and the Judge. In Toronto, many criminal courthouses require a judicial pre-trial for any case that will require a day or more of court time.

Read More

The Preliminary Hearing

Depending on the seriousness of the charge, an accused person may either have their trial in the Ontario Court of Justice or the Ontario Superior Court of Justice. These are the two levels of trial court in Canada.

Read More

The Criminal Trial

In the Greater Toronto Area, a Provincial Court trial will normally take place between eight and twelve months from the date of arrest. A Superior Court trial where the accused elects to have a preliminary inquiry will normally take as long as two years to commence when the accused is out of custody.

Read More

The Guilty Plea

The decision to plead guilty should only be done after careful consideration. The prosecution is being relieved of its burden to prove guilt beyond a reasonable doubt. The decision to plead guilty should not be arrived at before thoroughly reviewing all disclosure, evaluating the strengths and weaknesses of the Crown case, discussing possible defences with counsel, and having an in-depth and candid discussion about the potential outcomes and risks associated with going to trial versus pleading guilty. Weisberg Law does not take pleading guilty lightly.

Read More