Frequently Asked Questions (FAQs): Criminal Charges I am currently being investigated by police. Should I get a lawyer? I have been charged with a criminal offence. What next? What is my lawyer going to do for me? Do I even need a lawyer for my charges? I have been charged with drinking and driving. What does this all mean? I blew over 80 at the police station  doesnt this mean I should just plead guilty? I have been charged with assaulting my partner, and now I cant go home. Can you help me? How long will the process take, and what is involved? What payment options do I have available to me? > FAQs: Civil Claims	1. I am currently being investigated by police. Should I get a lawyer? Absolutely. What you say and do at this crucial stage  particularly the decision of whether or not to make a statement to the police  can have a monumental impact on how your case unfolds. You need to speak with a knowledgeable lawyer about the specifics of your case, in order to get proper advice about how best to handle this step. We can help you avoid the many potential pitfalls that you face at this early stage of your case. 2. I have been charged with a criminal offence. What next? The first few days after being charged are of critical importance. You need to act quickly and get sound legal advice. Before agreeing to speak to the police, or making any decisions as to whether to plead guilty or not guilty, it is important that you speak to a lawyer with the knowledge and experience to help you make these important decisions. After being charged, you will receive a number of documents, including a Promise to Appear that includes your first court date and your fingerprinting date, and an Undertaking to Officer in Charge or Recognizance of Bail that includes conditions you are to follow while awaiting your trial. You should bring these documents and any other paperwork you received to your first meeting with us. 3. What is my lawyer going to do for me? The first thing well do is get you in to our office so we can learn more about you and about the charges you are facing. The next thing we do is learn everything about the allegations being made against you, by obtaining from the police and prosecutors a copy of all of the evidence they have collected and then reviewing those materials with a fine-toothed comb. The next time you meet with us we will have applied our experience and knowledge of the law to identify the strengths and weaknesses in that case, including any defences available to you. You can trust us to give you a straight-up assessment of your case, and to give you sound advice about how to proceed. 4. Do I even need a lawyer for my charges? While everyone would like to avoid the expense of having a lawyer involved, retaining a lawyer qualified to give you an honest and straightforward assessment of your case and your legal options is a sound investment in your own future. A drinking and driving conviction, for example, will cost you a hefty fine, your licence for a minimum of one year, will drastically increase your insurance, and leave you with a criminal record that affects your reputation and risks your prospects for future employment. There is no turning back after pleading guilty. No decent lawyer will guarantee that you will win your case, no matter what. Our guarantee at Greenspon, Brown & Associates is that we will leave no stone unturned in the pursuit of the best possible outcome in your case. 5. I have been charged with drinking and driving. What does this all mean? Most people charged with drinking and driving offences are charged with both impaired driving and driving while their blood alcohol concentration exceeded 80 milligrams of alcohol per 100 millilitres of blood. Though each carries the same penalty on conviction, these are two distinct criminal charges. Impaired driving refers to impairment by alcohol and/or drug of a persons ability of drive a motor vehicle, and includes such considerations as the manner of driving, signs of intoxication like stumbling, slurred speech, bloodshot eyes, whether there was an accident, and other such observations. Over 80 refers strictly to the blood alcohol concentration of the driver at the time of driving, and this charge is typically based on the results of the Breathalyzer or blood sample testing. 6. I blew over 80 at the police station  doesnt this mean I should just plead guilty? An over 80 reading on the Breathalyzer doesnt mean that you dont have a defence to an over 80 charge. The Breathalyzer machine is not infallible, and any reading is dependent on the prosecution proving beyond a reasonable doubt that the machine was functioning properly. Moreover, the authorities can only use these readings against you where they have been obtained in a manner consistent with your rights under the Canadian Charter of Rights and Freedoms. At Greenspon, Brown & Associates, we use our wealth of experience in defending these kinds of cases to identify each and every potential avenue of attacking these readings so they cant be used against you in court. 7. I have been charged with assaulting my partner, and now I cant go home. Can you help me? As a matter of police policy, persons charged with domestic assault are prevented from living with or communicating with their partner, and even sometimes their own children. We understand that this can cripple a family, and are accustomed to dealing with these kinds of issues. If both parties wish to reconcile, we will take immediate steps to seek a change in these conditions so that you can get back to the business of operating as a family. 8. How long will the process take, and what is involved? That depends on the type and complexity of the charges youre facing. After being charged, you will have received from the police the date of your first court appearance. You do not have to enter your plea of guilty or not guilty at this early stage. We will meet with you before this first court date, attend court with you, request from the prosecutor a copy of the evidence, and get to work reviewing it. After reviewing the evidence and meeting with the prosecutor, we will meet with you again to review the evidence and all of your options. Generally, it takes roughly 4 to 8 weeks to work through this part of the process. Due to the volume of cases in the criminal courts, trial dates can be expected to take place 6 to 8 months from the first appearance date. Matters which resolve in a guilty plea are often dealt with in court much sooner, within 3 months of the first appearance date. 9. What payment options do I have available to me? We accept payment by cash, cheque and credit card. Once we have some information from you about the nature of your charges, we will be able to provide a realistic fee estimate. Be assured, however, that we will work with you to arrive at a fee structure that is manageable for you. Many clients work out payment plans with us. We understand that paying a lawyer is an unplanned expense for most clients, and we do our best to be flexible.