CRIMINAL DEFENCE FAQS FOR KITCHENER-WATERLOO & AREA
THE CRIMINAL LAW PROCESS IN ONTARIO: EASY STEP-BY-STEP OVERVIEW
Here’s a simple guide to what happens in a typical criminal case in Ontario:
1. Arrest or Charge
You may be arrested by the police or receive a summons telling you to appear in court. If arrested, you may be released right away with a promise to appear in court, or you could be held in jail until a bail hearing is held. This hearing usually happens within 24 hours.
2. Bail Hearing
At this hearing, a judge decides if you can be released while waiting for your trial and under what conditions (like staying away from certain people or places). Your lawyer will help argue for your release or better conditions.
3. First Court Appearance
You go to court for the first time. The Crown (prosecutor) provides you with the evidence they have against you, known as disclosure. You also confirm if you have a lawyer. If not, you can obtain one or request Legal Aid
4. Plea
You will be asked if you plead guilty or not guilty. If you plead guilty, the judge may sentence you right away or set another date. If you plead not guilty, your case moves toward trial.
5. Pre-Trial Steps
Before the trial, there may be meetings and hearings to discuss the case, share more evidence, or try to settle the case without a trial.
6. Trial
At trial, the Crown presents evidence and calls witnesses to prove you committed the crime. Your lawyer can question their witnesses and present your own evidence and witnesses. The judge or jury then decides if you are guilty or not guilty based on whether the Crown proved the case beyond a reasonable doubt.
7. Verdict and Sentencing
If found not guilty, you are free. If found guilty, the judge will determine your sentence, which may include fines, probation, or imprisonment.
This process can vary depending on the seriousness of the charge and the court handling your case; however, these are the main steps you can generally expect. Charges may be withdrawn if the Crown lacks sufficient evidence or if prosecuting is not in the public interest. You may also negotiate a plea to lesser charges. At Ritter Harvey Law, our lawyers will thoroughly review your case, negotiate with prosecutors, and seek the best possible outcome, whether that means dismissal, reduction, or preparing for trial.
YES, RITTER HARVEY LAW ACCEPTS LEGAL AID!
If you need a criminal defence lawyer in Kitchener and have a Legal Aid certificate, Ritter Harvey Law is ready to assist. We regularly represent clients funded by Legal Aid Ontario and believe everyone should have access to a strong defence team, regardless of their ability to pay privately.
Choosing Ritter Harvey Law means you don’t just get a single lawyer, you get the support and experience of a team that’s committed to your case and your future.
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Understanding Legal Aid Certificates
Legal Aid Ontario issues certificates to individuals who qualify financially, allowing them to hire a lawyer at no personal cost for a specified number of hours. At Ritter Harvey Law, we use that time wisely, providing skilled, focused representation within the scope of your certificate.
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How to Apply for Legal Aid
To access legal aid services, you must first meet Legal Aid Ontario’s financial eligibility requirements. You can apply online through their website or call us directly if you’d prefer help with the process—we’re happy to walk you through the steps or answer your questions.
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Defending Serious Charges on Legal Aid
Our lawyers are equipped to handle a wide range of criminal cases under legal aid, from shoplifting and fraud to serious charges involving drugs, weapons, and homicide. No matter the allegation, we’re here to provide a thorough, strategic defence.
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Denied Legal Aid Coverage?
If your application was rejected, don’t hesitate to reach out. We can discuss whether an appeal is possible, and we offer payment plan options for those who may not qualify for legal aid but still need representation. Your defence should never be out of reach.
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Contact Ritter Harvey Law to discuss your options and get the support you need.