When a person breaks one or more of the criminal laws of Canada, it is called a crime or offense. For example, if a person/s robs a bank, the crime of robbery is committed, an offense under the Criminal Code of Canada. The case will be investigated by the police until they have gained enough evidence to charge someone with the crime.
During the investigation, the police will talk to witnesses and inspect the place where the crime has been committed. All pieces of evidence and information will be submitted to the Crown prosecutor who will review the findings of the police and decide whether the person will be charged with the crime. Crown prosecutors are lawyers of the government who are acting on behalf of the people. This means that all their acts must be for the benefit of society, not for a single individual.
The person who is charged with a crime is called the accused. He is presumed innocent until he is proven guilty in a trial. When the police arrest the accused, it is important to tell him the reasons why he is being arrested. The person can call a lawyer immediately and have a private conversation over the phone.
At the police station, there is usually a list of lawyers that the accused can call for assistance. It is very critical for an accused person to have a lawyer before answering the questions of the police. The accused has a constitutional right to remain silent and not answer the police until his lawyer is present.
The accused will be taken to court for a bail hearing within 24 hours after the arrest so that a judge can decide whether he should be released right away or held in custody until he pleads guilty. If the accused is released, he must promise to attend the next hearing otherwise, he may be charged with another offense for not showing up.
An important decision always requires someone who is not emotionally invested to help you decide. Your best option is MyDefence lawyers who will ensure that all your rights are protected when facing prosecution.