In almost all cases, you are much better off if you say nothing. The police are trained to prompt you to tell them something about the incident that will implicate – rather than remove – you from further investigation. Keep in mind, at this point, you are only a suspect in an on-going criminal investigation. This means that the police do not have enough evidence yet to accuse you of the crime. What you say to the police becomes the evidence that will either eliminate you as a suspect or provide the police probable grounds to investigate you further and ultimately charge you with a crime. The crux of the matter is this: at this stage you do not know what information the police already know; and so, it is not wise to offer information. Although this may seem like a golden opportunity to set the record straight, the police ask very crafty questions and, despite you not having anything to do with the crime, they might find within your answers something that gives them probable grounds to link you to the crime. In addition to giving the police probable grounds to investigate and charge you, your statement to the police can also be used by the Crown later on as evidence to incriminate you at your trial. 

When speaking to the police, always remember you have the right to remain silent under the Canadian Charter of Rights and Freedoms. What this means is that you can respond with blank silence to every question posed to you by the police officer. 

If you find yourself in a similar situation, you are free to say absolutely nothing, or to only provide basic information such as Name, Date of Birth, Address etc., but even this may be too much. Even if you know you are innocent and had nothing to do with the crime, the statement you provide may be the only piece of evidence the police have to link you to the crime. Also remember that you have the right to contact a lawyer. Don’t be afraid to ask the police to connect you with us. They have our lawyer, David Amin on speed dial. Always speak to your lawyer before you say anything to the police!

Depending on the severity of the charges, and your loved one’s past involvement with police, the court may require that he/she be only released if there is a surety available. A surety is an individual who knows the accused very well, and is willing to supervise him/her while they are in the community – it is an alternative option to custody – and ought only be utilized when all other measures of release have been exhausted. A surety must also be willing to pledge a sum of money or even make a deposit, if the court so requires, in order to secure the release of the accused. This money may be taken by the Crown if the accused breaches the terms of his release, and the surety knowingly does nothing about it.

You can help your loved one by acting as a surety for him/her. In order to do this, get in contact with the Amin Law team so that we can prepare you to be a surety. Call today!

You must make sure that you retain the Amin Law team as soon as possible. If you plan on making an application to legal aid, you should apply for it as soon as possible since legal aid takes time to process your application. If you want Amin Law to appear on your behalf, you should consult us to see if you need to sign a designation of counsel form (a.k.a section 650 form). A designation of counsel form allows your lawyer to appear on your behalf at all your administrative court appearances (mostly adjournments). Additionally, you must make sure you go over the terms of your release and understand and abide by the terms contained therein. If you are not sure what the terms mean, consult Amin Law. Failure to abide by the terms of your release can result in further criminal charges.

The court has provided you with what is most probably a charge sheet. A charge sheet lists the offences you are charged with and provides an overview of the allegations against you. It is most often the case that the allegations against an individual, as stated in the charge sheet, are one sided. It is not advisable, however, to set a date for trial immediately. A trial is a lengthy and complex way of resolving the matter. It is also very expensive if you have to retain a lawyer to represent you. This is why lawyers make every effort to resolve their clients' matters through resolution discussions with the Crown prosecutor. Speak to the Amin Law team before you set a date for trial… we may be able get you a better outcome from an early resolution without having to go through a trial!  Call the Amin Law team.

No, you do not have to take the Crown’s first position! There is always more to the story than what the Crown sees and that better perspective is what the Amin Law team can provide to get you the outcome you want. Further, you cannot plead guilty to a crime you did not commit. A lawyer’s job is to present the other story to the Crown, identify any gaps/contradictions in the evidence of the Crown, and negotiate a position with the Crown that is more befitting given the background of the client, the severity of the offence(s), and the strength of the Crown’s evidence. Always talk to us before you agree to any position offered by the Crown!

Should you decide to take the matter to trial, we can assist in strategizing with you, interviewing and preparing defense witnesses, and reviewing disclosure to identify possible defenses and weaknesses in the Crown’s evidence.

A criminal act in Canada is an offence against the state, as well as (in some cases) against another individual(s)). With its enormous resources, the state has unlimited power over the liberties of an individual. What surprises a lot of people when they are charged with a criminal offence is how much their lives and freedoms are restricted. Until the charges are dealt with, the state may determine, among other things, who they can associate with – who they cannot associate with, where they can be – where they cannot be, what they can possess – what they cannot possess, and when they are allowed to leave their house.

The advocacy part of Criminal Defence is the most favourite aspect of this line of work for me. I enjoy the thrill of fiercely advocating for my clients to obtain the most favorable results for them. I step into my clients’ shoes and imagine as if I am fighting my own case!

At Amin Law, we appreciate that there is more to the story than what the papers allege. We understand there is more to you than how you’ve been portrayed. We strive to know the whole story and to know you. What matters most to us is your truth and your background. This is why we will give you the attention you deserve to make your point!