Frequently Asked Questions

It is always in your interest to have a lawyer retained as soon as you know you will be charged. Many of our clients hire us while they are being investigated and before being charged. This ensures that the police and Crown prosecutors are aware that experienced lawyers are in your corner watching and scrutinizing their every move.

Of course, it is not always financially feasible for everyone to hire a lawyer on short notice. The need for a criminal lawyer is often an unexpected expense, so many of our clients also attend their first court date on their own and try to obtain disclosure.

We are more than happy to look over the disclosure during an initial consultation and answer whatever questions we can at that moment.

This is a question that is impossible to answer without knowing the details of who you are and what your case is about. The reasoning is simple – all cases are very fact specific and require different time commitments based on the personal circumstances of the individual charged and the investigation which leads to the charges. For example, a simple shoplifting case is a less serious matter, that will take far less time than a case with a year long murder investigation which involves hundreds of police officers.

In most cases, our firm has two billing structures for our clients to choose from. Once we decide we accept you as a client, we provide you with either a ‘block fee’ quote, or an hourly rate. Both require an initial retainer to be deposited to the firm for us to begin working. This money is your money and is held in trust by us.

The block fee covers services up to a set part of the criminal law process for a set amount. For example, we would cover all court appearances, review your disclosure, request any disclosure that was not included, and have meetings with the Crown and Judge for a set fee. This fee depends on how many appearances we expect, how much disclosure there is, and how many meetings with the Crown and Judge we expect. The more serious the case, the longer this process will be. There may then be a further retainer for a trial, which would outline the costs for a trial. This is usually on a per day basis based on the lawyers daily rate.

Block fees are often preferable for our clients because they are predictable and can be completed in partial, interest-free payments over a period of time. This ensures that you know exactly what your expenses are expected to be so you can plan and budget accordingly.

An ‘hourly rate’ fee structure is based on your chosen lawyer’s hourly rate for the work performed as it is performed. This money is charged to your trust funds.

Either way, regardless of which method you choose, all fees are made transparent at the initial consultation and retainer stage so you know what to expect.

To make it as easy as possible for our clients, we accept all forms of payment, including Visa and Master Card.

There are few things more unpredictable than criminal law. There is a very human element to all parts of the criminal law process that make predicting a result to any high degree of certainty impossible. People’s life experiences shape who they are, and to a degree, how they approach issues faced in the justice system.

That being said, it is the neutral and objective element of the ‘rule of law’ which governs the actions of everyone involved in the justice system, especially the prosecution and the judge. In the end, Titan Defence understands that both of these elements have an equal impact on how your case proceeds through the system. We stand out amongst our peers as a result of understanding the nuances of the people with whom we work. A great lawyer understands how to use this type of information to their client’s advantage. This is the edge that Titan Defence provides its clients.

Although we will never guarantee you a result, we do guarantee to provide you with an educated, dispassionate, and logically-sound opinion on your case being sure to include a consideration of every variable involved, legal and emotional.

We can also promise to you that we can justify our opinion to you using our experience, the law, and the facts of your specific case. We then provide you with possible solutions and assist in executing them. Remember, we are here to advise you to the best of our ability - the final decision will always be yours to make.

You should hire whatever lawyer suits your needs, personality, and expectations. That may not be us. At Titan Defence, we interview our clients as much as they interview us. We understand that the wheels of justice move slowly, and the lawyer-client relationship can last months, if not years. The relationship is only successful if there is a mutual respect for one another and everyone’s expectations are realistic. If we are not the right lawyers for you, we have a vast network of skilled lawyers and we can happily refer you to someone else who may better suit you.

We take pride in our very high success rate. Years of quality work and skillful advocacy has earned us respect among all members of the criminal justice system, from police and Crowns, to judge’s and other criminal lawyers. All criminal justice system workers have high expectations of how the lawyers at Titan Defence carry themselves and we work very hard to maintain this reputation for the benefit of our clients.

Central East Region:

Central South Region:

  • Brantford OCJ
  • Cayuga OCJ
  • Hamilton OCJ
  • Kitchener OCJ
  • Simcoe OCJ
  • St. Catherine OCJ
  • Welland OCJ

Central West Region:

  • Brampton 
  • Guelph 
  • Milton 

Toronto:

 

Toronto Region — Superior Court of Justice:

  • Toronto Superior Courthouse (361 University Avenue)

Toronto Region — Ontario Court of Justice:

  • Toronto Youth Courthouse (311 Jarvis Street)
  • College Park Courthouse (444 Yonge Street)
  • Etobicoke Courthouse (2201 Finch Avenue West)
  • North York Courthouse (1000 Finch Avenue West)
  • Old City Hall Courthouse (60 Queen Street West)
  • Scarborough Courthouse (1911 Eglinton Avenue Est)

Criminal Court Procedure

Generally, every person charged with a criminal offence in Canada will go through a similar court procedure. Outlined below is some of what you can expect to happen during the course of a criminal charge.

Frequently asked questions about what happens during the criminal court process:
  • What happens at my first court appearance?
  • Do I need a lawyer to attend my first appearance in court?
  • What is a crown pre-trial/resolution meeting?
  • What is a judicial pre-trial?
  • Should I plead guilty?
  • Do I need a lawyer to assist me with my criminal case?

What happens at my first court appearance? 

Your first appearance is not your trial, none of your witnesses or police offers involved in your case will be attending. The first appearance is not an opportunity to tell the judge your side. The main purpose of your first appearance in court will simply to obtain the details of the allegation against you.

Any evidence the prosecutors have and intend on using against you at your trial must be disclosed to you in advance. This procedure is called obtaining «disclosure». This disclosure package may include witnesses statements, photographs, any surveillance photos, videos, statements any evidence at all that relates to your case.

It is mandatory that the  prosecutor discloses all relevant evidence to you. Evidence in the possession of the prosecutor or police that points towards your innocence must also be disclosed to you. Quite often, disclosure will not be provided on your first appearance in court. If disclosure is not available, you (or your lawyer on your behalf) will have to return to court on another occasion to obtain it from the prosecutor in court. 

Do I need a lawyer to attend my first appearance in court?

The Crown Attorney will give priority to cases in where a lawyer is present in court prior to dealing with any cases involving unrepresented accused persons. Many accused persons retain lawyers prior to their first appearance in court. Prior to your first appearance, you can retain a lawyer to attend court with you or even to attend your court appearances on your behalf, depending on your agreement with your lawyer. Your lawyer is there to speak for you, so you don’t have to worry about saying the wrong thing that can be held against you later on. 

What is a crown pre-trial/resolution meeting?

The pre-trial/resolution meeting between your lawyer and the Crown Attorney takes place over the telephone after the disclosure has been received and reviewed by your lawyers and the prosecutor. The purpose of this meeting is to decide whether or not the prosecutor intents to proceed with the charges laid. In some circumstances, it is possible for the lawyer to convince the prosecutor to drop the charges. In the circumstances they wish to continue, your defence attorney will discuss whether the accused person will be pleading guilty or not guilty. A not guilty plea will most likely result in a trial.

What is a judicial pre-trial?

The pre-trial/resolution meeting between your lawyer and the Crown Attorney takes place over the telephone after the disclosure has been received and reviewed by your lawyers and the prosecutor. The purpose of this meeting is to decide whether or not the prosecutor intents to proceed with the charges laid. In some circumstances, it is possible for the lawyer to convince the prosecutor to drop the charges. In the circumstances they wish to continue, your defence attorney will discuss whether the accused person will be pleading guilty or not guilty. A not guilty plea will most likely result in a trial.

Should I plead guilty?

A guilty plea requires admitting the facts that form the basis of the charge or charges before the court. Before you decide to plead guilty, you should consider what the crown is seeking. Are they planning to send you to jail? Will they charge you with a permanent record? These are consequences that can impact someones life like traveling to the US or abroad.

Do I need a lawyer to assist me with my criminal case?

Hiring a lawyer to work with you through the entire court process will ensure that you are properly represented at each and every stage of the proceedings. A lawyer is not just for someone who intends on having a trial. Your lawyer is there to ensure that your interests are always protected. This is crucial to ensuring a winning strategy and a positive outcome in your case regardless of whether or not your case goes to trial or not.

To review your criminal case, Titan LLP can be reached at (647) 535-7462

Knowing Your Legal Rights:

Whether or not you have been charged with a crime, it is important to know your legal rights, particularly when it comes to dealing with the police. The most important thing to remember is the right to remain silent and the right to retain and instruct counsel without delay. Remaining silent or asking to speak with a lawyer does not mean you are guilty. If you are facing a criminal charge, or currently under investigation by police, you should consult with a criminal lawyer as soon as possible for advice on how to proceed.

 

The following are a list of important rights and protections afforded to all Canadians:

  • The right to remain silent
  • The right to retain and instruct counsel without delay upon detention or arrest
  • The right to be promptly informed of the reason for detention or arrest
  • The right to be secure against unreasonable search and seizure
  • The right to a trial in a reasonable amount of time
  • The right to be presumed innocent until proven guilty

The right to remain silent:

While the police have a right to ask questions of anyone during their investigation, you are under no legal obligation to answer any of their questions. This applies not only to people under arrest but also people under investigation and even to witnesses of a crime. The right to silence in Canadian law is a principle of fundamental justice constitutionally guaranteed by section 7 of the Charter of Rights and Freedoms.

The right to retain and instruct counsel without delay upon detention or arrest:

If you talk to the police, then they will almost always be able to use what you say as evidence against you in court. Expressing your desire to speak with a lawyer upon a detention or arrest legally obligates the police to refrain from asking you questions until they provide you with the opportunity to speak to any lawyer you choose. If you do not have a lawyer, then the police will have an obligation to provide you with a free “Legal Aid” lawyer for advice. After you have spoken with a lawyer, the police can continue to ask you questions and it will be up to you to decide whether or not you wish to answer them. Remember that anything you tell the police can be used in court to prosecute you or someone else.

The right to be promptly informed of the reason for detention or arrest:

If there are reasonable grounds to suspect a person is connected to a particular crime, the police may detain an individual for further investigation. Upon detention, The police must inform the detainee of the reasons they are being detained. An “investigative detention” must be brief as it is not an arrest. What all of this means is that the police are not allowed to stop a person on the street for no reason to question them. Detained individuals are under no obligation to answer any questions posed to them by the police.

The right to be secure against unreasonable search and seizure:

Everyone in Canada is guaranteed not to be subject to a search or seizure unless it is done in accordance with Canadian law. This means that we should be free from having the police search our houses, vehicles or our personal property without a good reason for doing so. The police need more than mere speculation or a hunch to search – they need lawful authority to do so. In the case of a home, the lawful authority usually comes in the form of a search warrant authorized by a judge which permits them to enter and search a specific place for a fixed period of time.

The right to a trial in a reasonable amount of time:

Every criminal case has a potential expiry date. Depending on the type of charge, the complexity of the case and the speed in which it passed through the court system, a person may argue to the trial judge that the case took too long to prosecute and should be stayed as a result.

The right to be presumed innocent until proven guilty:

The police and the prosecution bear the burden in law of proving the crime alleged against you beyond a reasonable doubt. You are guilty only if you plead guilty, or if you are found guilty after a trial. A person charged with a crime is never asked to prove their innocence. If a judge has a reasonable doubt regarding your guilt (ie: you might not be guilty), you cannot be convicted because you are presumed innocent unless proven guilty beyond a reasonable doubt by the prosecutor.