FAQ - Aitken Robertson Barristers & Solicitors

Frequently Asked Questions about Criminal Law in Peterborough, Ontario Canada

If you have been arrested in Canada, you have rights. You can choose to remain silent rather than say anything that might be used against you later on. You have the right to bail (in most cases), as well as the right to a trial and legal representation. You also have a right to face any witnesses that are brought against you.

You are also innocent until proven guilty, which means that the Crown Attorney has the burden of proving beyond a reasonable doubt that you did in fact commit the crime of which you are accused; you, as the defendant, do not have to say or do anything to prove that you are innocent. There are also laws governing the search and seizure process; for example, police are generally required to have either a warrant or reasonable cause before searching you or your property.

A brush with the law can be incredibly stressful. Here are a few commonly asked questions; talk to an experienced criminal lawyer about your specific situation.

I’ve been arrested. What do I do?

You should answer any questions pertaining to your identification, such as name, address, and birthday. You should not answer any question that may incriminate you, and above all else, do not lie. You have a right to remain silent, but you should also be cooperative with police officers; a combative attitude will only come back to haunt you. Do not give up bodily substances to the police or agree to lie detector testing.

My spouse or child has been arrested. Now what?

Try and gather as much information as possible and write it down. Find out what crimes they have been charged with. Which law enforcement agency made the arrest? Where are they being held? Has bail been set, and if so, for how much? Gather the pertinent information and consult an experienced attorney to help you understand your options.

How can I get out of jail following my arrest?

If bail has been set, you will need to pay the bond required in order to secure your release. Bail bonds are insurance, meaning that the suspect agrees to return to court for other legal proceedings in the future. Failure to do so may result in forfeiture of the bond, as well as a warrant being issued for your arrest. In some cases, bail may be denied, especially if the judge feels the suspect is a danger to others or a flight risk.

Why should I hire a criminal lawyer?

Every defendant has the right to an attorney. If you or someone you love is facing criminal charges, it is always preferable to secure competent legal representation. A defendant’s lawyer will be his or her single most important ally; your lawyer knows the law and can help guide you through the complex proceedings that lie ahead. The right lawyer can protect your rights, and may even be able to have the charges dismissed. Your lawyer can also help arrange a plea bargain, which can reduce your charges or minimize jail time. It is never a good idea to face criminal charges on your own.

Aitken Robertson: Criminal Defence Lawyers On Your Side

The legal team at Aitken Robertson has decades of experience in criminal law, with a solid track record of successful cases throughout Peterborough and Ontario. They offer a free initial consultation, affordable fees with flexible payment plans, and evening and weekend hours. They can defend you in any criminal matter, including drug offences, assaults, theft, and fraud, as well as bail hearings and criminal appeals. You can reach Richard Aitken and his colleagues through any one of Aitken Robertson’s office locations or by calling (866) 762-9218.