Understanding Your Right to Counsel in Ontario

In Canada, everyone who is detained, charged or arrested for a criminal offence has fundamental rights that law enforcement and courts must uphold to honour the right to a fair trial. Of these crucial rights, one of the most important is the right to counsel. Regardless of what the charges against you are, you must be able to seek legal advice from a criminal defence lawyer. Understanding these rights is essential for navigating the legal system effectively and protecting your interests. Whether you've been charged with negligence, murder, fraud or anything in between, it's vital to have a skilled and trusted legal team behind you. To learn more about how criminal defence lawyers, litigation lawyers, and fraud lawyers at Karrass Law can protect your rights in the face of criminal charges, book a complimentary consultation with our team. 

Here is what you need to know about your rights to counsel and other rights you are entitled to when charged with a crime in Ontario. 

The Importance of Strong Legal Representation

Criminal justice is a complex matter; as such, it is vital that you have a competent, experienced, and reputable lawyer in your corner. From the moment you are detained or arrested, Canada's Charter of Rights and Freedoms guarantees your right to be informed promptly of the reasons and to seek immediate legal advice. This right is designed to protect you and ensure that you are treated fairly in the judicial system, regardless of the charges you face. At Karrass Law, when you come to us for legal advice or representation, we don't judge you. We use our experience, skills, and in-house expertise to build a robust defence that protects your interests. 

When to Ask for Your Lawyer

When it comes to acting on your right to legal counsel, sooner is always better than later. If you suspect that you may become involved in a complex legal matter, book a legal consultation with a team that specializes in the relevant branches of law. At Karrass Law, our expert team has a vast range of experience and can be there when you need a civil litigation lawyer, a lawyer for murder, a fraud lawyer, and more. 

Here are key moments when you should consider requesting legal representation:

• When You've Been Arrested or Detained: Law enforcement must inform you of your right to legal counsel without delay, and you have the right to consult privately with a lawyer before any interrogation begins.
• Before Speaking to the Police: You also have the right to remain silent, and it's often wise to exercise this right until you have spoken to a lawyer. Anything you say to the police can be used against you in court, so it's essential to receive legal advice on how to proceed, especially if the situation could lead to criminal charges.
• During Interrogation: You do not have to answer police or law enforcement's questions without a lawyer present. Even if you've begun speaking in an interrogation or interview with police, you can still request representation from your lawyer at any point. In these situations, your criminal defence lawyer will advise you on what questions you should or shouldn't answer and help protect you from potentially self-incriminating statements.
• If Questioned About Involvement in a Crime: Even if you haven't been charged but are questioned about your involvement in a crime or asked to provide information related to a legal matter, consulting a lawyer is essential for self-protection. By contacting your lawyer at this point, it will ensure that you do not inadvertently incriminate yourself.

What to Do If You Weren't Able to Call Your Lawyer

It is your fundamental right in Canada to be able to speak to a capable and knowledgeable lawyer. If your access to a lawyer has been barred, your right to a fair trial has been compromised. 

If you have not been given the opportunity to speak to your lawyer or if law enforcement agencies have not clearly explained your rights to counsel, it's important you are vocal about your right to a lawyer, document any denials of your rights, refuse to speak until you're put in touch with a lawyer, and inform your lawyer of this incident once you are finally able to content them. 

After the incident, you can consider seeking redress through formal complaints against the law enforcement agency involved. Your defence lawyer can guide you on the appropriate steps, whether it's filing a complaint with the police oversight agency or considering other legal remedies.

Robust Legal Representation with Karrass Law

When it comes to criminal charges and your rights, it's always best to leverage the expertise and skill of a reputable defence lawyer. At Karrass Law, Robert Karrass and our team of experts are committed to advocating for your best interests with innovative, effective arguments. Our vast knowledge of the law allows us to generate the best possible results for our case.

To learn more about how our lawyers can serve your legal needs, book a consultation.