Involving a lawyer before the Crown lays charges can sometimes change the outcome of a criminal case. If the police ask you for an interview or you believe you’re under investigation, your next steps may matter more than you might think.
Julia Hunter or another lawyer from our team can:
- Talk to the investigators.
- Prevent you from saying or doing anything that harms your case.
- Protect your legal rights.
Strategic Criminal Defence in Victoria has handled hundreds of criminal cases since 2021. We have won the Consumer Choice Award for Best Criminal Defence Firm in Victoria. We are available 24/7 in urgent cases, and 75 five-star Google reviews praise our services.
Talk to us before you talk to the police. We will work to resolve matters before they ever reach a courtroom.
You’re under investigation. What next?
If you know the police are looking into your conduct, these three steps can help:
- Exercise your right to remain silent. You have the right to speak with a lawyer before answering police questions. You don’t have to explain yourself on the spot.
- Do not destroy, alter, or hand over anything without legal advice. Don’t delete messages or hand over devices without speaking with a lawyer.
- Contact a lawyer before Crown Counsel reviews your file. Once police submit their report, we may still be able to intervene on your behalf. That window closes once Crown Counsel decides.
Getting ahead of the investigation gives your lawyer the best chance to shape what happens next.
Contact us for a free, no-obligation consultation.
What happens during a criminal investigation in Victoria?
The local police detachments in Victoria include:
- The Victoria Police Department.
- Saanich Police.
- Oak Bay Police.
- West Shore RCMP.
Any of these departments could investigate your actions if they believe you may have committed a criminal offence.
They will likely gather evidence through:
- Interviews.
- Surveillance.
- Search warrants.
The police may seize property, phones, or documents under a warrant. They may not return these items quickly. If the police believe they have enough evidence, they compile a Report to Crown Counsel. This summarizes the investigation and recommends charges.
From here, charges are not automatic. Many investigations end. No report is ever submitted, or the Crown Counsel declines to act on the report. Pre-charge legal advice can sometimes tilt the balance in your favour.
How does Crown Counsel decide on charges in BC?
In BC, unlike other provinces, Crown Counsel alone decides whether a charge proceeds.
It applies a two-part test set out in the BC Prosecution Service’s charge assessment standard:
- Is there a substantial likelihood of conviction? Crown Counsel assesses what evidence would likely be admissible, how strong it is, and whether a real defence could succeed.
- Does the public interest require a prosecution? Even where the evidence is strong, Crown Counsel weighs the seriousness of the allegation and the individual’s circumstances before proceeding.
We can make written submissions directly to Crown Counsel at this stage, before it makes a decision. These submissions come from your lawyer rather than from you. Unlike a statement to the police, they cannot later be used against you.
How can pre-charge legal advice help?
As well as preparing submissions to Crown Counsel, we can:
- Explain and protect your legal rights.
- Attend police interviews with you.
- Advise what you should or shouldn’t do.
- Prevent you from weakening your position later.
- Review the evidence that police are relying on.
- Identify any Charter issues with how the police gathered the evidence.
- Pursue a restorative justice referral or alternative measures.
If the Crown proceeds with a charge despite our efforts, the work already done reviewing the evidence puts your defence ahead from day one.
Depending on the charge, you may be released on an appearance notice or an undertaking with conditions. Alternatively, you could be held for a bail hearing at the Victoria Courthouse on Burdett Avenue. From there, we argue for your release and begin work in earnest on your defence.
What do our pre-charge legal advice packages include?
Our pre-charge legal advice packages include the following:
| SITUATION | HOW WE CAN HELP |
|---|---|
| Explaining where you stand | We contact the investigating detachment, whether that's VicPD, Saanich Police, Oak Bay Police, or West Shore RCMP. We find out whether the police have submitted a Report to Crown Counsel yet. |
| You've already had contact with police or investigators | We review exactly what you told them. We flag anything that could strengthen or weaken a future Report to Crown Counsel. |
| You've had contact with witnesses or the complainant | We review any messages or contact you've had with anyone involved. That can affect both the public interest test and any release conditions later. |
| You want to know what you're actually facing | We walk you through BC's two-part charge assessment test. We explain, in plain terms, what a realistic outcome looks like if Crown Counsel approves a charge. |
| Police ask you for a 'voluntary' interview | We can attend with you, or advise you not to attend at all. |
| You believe you're a suspect, but haven't been contacted yet | We can reach out to the investigating officer directly. We can prepare written submissions ready to go to Crown Counsel the moment a report is filed. |
| Police execute a search warrant | We advise you on how to respond in the moment. We also review whether the warrant itself was valid. If needed, we can apply to the BC Provincial Court in Victoria for the return of any seized items. |
| You're asked to provide a statement or documents | We review the police request and advise you on what you're actually required to provide. There's often no legal obligation to hand anything over without a warrant or a production order. |
Pre-charge legal advice can help in almost any type of criminal case. People often request it when they’re under investigation for sex crimes, drug offences, fraud, and domestic violence.
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Frequently asked questions
Contact us for a free, no-obligation consultation.
Verified By: Julia Hunter, Criminal Defence Lawyer
Julia Hunter is a senior criminal defence lawyer at Strategic Criminal Defence in Victoria, BC. She has appeared at every level of court in British Columbia and has defended clients on assault, impaired driving, theft, break and enter, and sexual offence charges. Before moving to defence work, she trained with the Alberta Crown Prosecution Service and the Specialized Prosecutions Branch, giving her direct insight into how the Crown builds its case. Julia holds a Law Degree with Honours from Queen’s University Belfast.
