Legal Resources
Frequently Asked Questions.
Navigating the Justice System.
Clear answers to critical questions about criminal arrests, bail proceedings, the court process, retainers, and access to legal aid in Ontario.
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All Questions
What should I do if the police contact me or want to interview me?
Do not provide a statement or answer questions without speaking to a criminal defense lawyer first. You have a constitutional right to silence in Canada, and everything you say to the police can and will be used as evidence against you. Firmly and politely state: "I want to remain silent and I wish to consult my lawyer." Call Ghuman Law immediately at (905)-334-0045.
What are my rights if I am stopped or detained by police in Ontario?
Under the Canadian Charter of Rights and Freedoms, you have the right to remain silent, the right to know why you are being stopped or detained, and the right to retain and instruct counsel without delay. If police arrest you, they must inform you of your charge and allow you to make a private phone call to a lawyer of your choice as soon as possible.
Can the police search my home, car, or phone without a warrant?
Generally, police require a judicial warrant to conduct searches. Exceptions include safety concerns, searches incident to arrest, or consent. Under Section 8 of the Charter, you are protected against unreasonable search and seizure. If your rights were violated, I can petition the court to exclude the seized evidence from your proceedings.
What is a bail hearing and why is it a critical stage?
A bail hearing is a court proceeding where a judge or justice of the peace decides if you should be released from custody while your charges are pending. It is critical because preparing a defense from home is far more effective than doing so from a detention centre. A poorly run bail hearing can lead to detention for months or years while waiting for trial, making immediate, strategic representation essential.
What is a surety and what are their legal obligations?
A surety is a person (usually a family member or close friend) who agrees to supervise an accused person while they are released on bail. The surety must ensure the accused attends court and complies with all release conditions (e.g., curfews, travel restrictions). The surety pledges a specific amount of money to the court, which they risk losing if the accused violates their bail terms.
Can my bail conditions be changed after I am released?
Yes. If your conditions are too restrictive (e.g., preventing you from working or living with family), I can negotiate a consent variation with the Crown prosecutor, or apply for a formal Bail Variation or Bail Review in the Superior Court of Justice to modify your release terms.
What is a Crown Pre-Trial (CPT) and a Judicial Pre-Trial (JPT)?
These are essential meeting-based procedures before a trial. A Crown Pre-Trial is a discussion between defense counsel and the prosecutor to review the disclosure of evidence, narrow case issues, and explore potential resolution options. A Judicial Pre-Trial is a similar conference overseen by a judge, who provides feedback on legal issues and helps determine whether a resolution or trial is more appropriate.
How long does it take for a criminal case to go to trial?
Depending on the complexity of the charges, the volume of evidence (disclosure), and court availability, cases can take anywhere from six months to over a year to reach trial. Under Canadian law (specifically the R. v. Jordan ruling), accused persons have a constitutional right to be tried within a reasonable timeframe (typically 18 months for provincial courts).
What is a diversion program and can it prevent a criminal record?
Yes. Diversion programs (such as the Direct Accountability Program) allow individuals with minor charges or first-time offences to resolve their cases outside the formal court system. By completing community service, counseling, letters of apology, or making restitution, the Crown will withdraw the criminal charges, ensuring you do not receive a criminal record.
Do you accept Legal Aid Ontario (LAO) certificates?
Yes. Access to competent and fair representation is a foundational human right. Ghuman Law accepts Legal Aid certificates for eligible criminal offenses. If you are eligible for Legal Aid, please contact me with your certificate details so I can configure your file.
How are your fees structured for private retainers?
For clients who do not qualify for Legal Aid, I structure my fees on a transparent, flat-rate block fee basis rather than hourly billing. This ensures you know exactly what your defense will cost upfront without surprise charges. I also offer flexible installment payment plans to make your defense manageable.
Can I change lawyers if I am unhappy with my current representation?
Yes. You have a constitutional right to counsel of your choice. If you feel your current lawyer is not communicating effectively or prepared to defend you, you are free to retain another lawyer at any point in the proceedings, provided it does not cause an unreasonable delay to the court schedule.
Still Have Questions About Your Case?
Every case is unique. Contact us today for a completely confidential, discrete consultation to discuss your specific charges.