Pre-Charge Legal Advice
What Charges Do or Do Not Go On Your Criminal Record?
Not all charges result in a criminal record in Canada. Withdrawn charges, acquittals, and some discharges may not appear, while convictions and certain findings do. Our defence lawyers explain what stays on your record, what can be removed, and how to protect your future.
Pre-Charge Legal Advice in Canada
Pre-charge legal advice in Canada helps protect your rights before charges are laid. A lawyer can guide you through police questioning, evidence issues, and potential outcomes, giving you the best chance to resolve matters early and avoid unnecessary criminal charges.
What needs to be proven before I can get convicted of an offence?
To be convicted of an offence, the prosecution must prove beyond a reasonable doubt that you committed the act (actus reus) and had the required intent or knowledge (mens rea). Our lawyer can review the evidence, challenge the Crown’s case, and protect your rights throughout the process.
If I refuse to provide a statement to the police, will it make me look guilty?
Refusing to give a police statement does not mean you are guilty. In Canada, you have the right to remain silent, and it cannot be used as proof against you. Our lawyer can explain your rights and guide you on the best approach to protect your case and reputation.
How will a criminal record affect me?
A criminal record can impact many areas of your life, from employment and travel to immigration status and reputation. It may limit job opportunities, restrict entry to other countries, and affect professional licensing. Our legal advice can help you understand options to reduce these consequences.
I was given documents saying I have to go to court. Do I have to go?
If you receive court documents, attending is usually mandatory. Ignoring them can lead to serious consequences, including arrest warrants or added charges. A lawyer can explain what the documents mean, your obligations, and the best steps to take to protect your rights and avoid penalties.
Should I give a statement to the police?
You are not required to give a statement to police, and doing so without legal advice can harm your case. Anything you say may be used against you in court. It’s best to remain polite, exercise your right to silence, and contact a lawyer immediately for guidance before speaking.
What should I do if I am being investigated by the police?
If you are under police investigation, it’s important to stay calm and know your rights. You do not have to answer questions without a lawyer present. Speaking to police without advice can harm your case. Contact a lawyer immediately to protect your rights and guide you through the process.
