FAQ'S

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Criminal Law FAQ

1. Should I talk to police if charged with a criminal offence?

Generally, it is not in your best interests to talk to the police if charged with a criminal offence because whatever you say may be used against you in court, regardless whether you are innocent or guilty. Police may ask you into their station for a few questions, but often this is a tactic to gain a statement detailing your involvement in the specific incident.

It is best to insist on and use your right to speak with a lawyer, who can discuss your rights with you and advise you on the best course of action before you jeopardize your case by speaking to the police.

2. Should I get a lawyer if I am faced with criminal charges?

The short answer is yes. Here is the long answer.

What you do or say at this early stage of your charges can have a great impact on how your case unfolds. That is why you must tread very carefully at the beginning- you cannot undo the serious consequences of pleading guilty, and even “minor” criminal charges can have long term effects.

A lawyer can help you avoid the pitfalls you will surely face when charged with a crime. We will work tirelessly to defend you.

3. What are the next steps after being charged?

After being charged, you may receive a Promise to Appear which outlines your first court date and fingerprinting date. You will also receive an “Undertaking to Officer in Charge” or a “Recognizance of Bail,” which both outline conditions you must follow while awaiting your trial. You should bring these documents and any other paperwork you received to your first meeting with us.

In your first meeting with us, we will learn more about you and the allegations being made against you. Next, we will obtain from police and prosecutors a copy of all the evidence they have collected, and review it carefully. The next time we meet with you, we will tell you the strengths and weaknesses in your case, the defences available to you, and advice on how to proceed.

4. How long will the whole process take?

There is no simple answer to how long your criminal defence will take because every case is different. It largely depends on the type and complexity of the charges you’re facing. We can say the process from meeting with you, to attending court, to receiving and reviewing a copy of your evidence will generally take between 4 to 8 weeks.

5. What payment options are available?

We accept payment by cash, cheque, email transfer or credit card. Once we have information from you about the nature of your charges, we will be able to provide a realistic fee estimate.

Since paying for a lawyer is not a planned expense for most clients, we will do our best to be flexible and work with you to find a fee structure that you find manageable. Many clients work out payment plans with us. Factors that affect how much we charge include the complexity of the case and the amount of Crown disclosure (evidence) we expect to receive.

If you cannot afford the legal fees associated with your defence, we will work with you to see if you qualify for assistance from the Ontario Legal Aid plan.

Personal Injury FAQ

1. I was recently in a motor vehicle accident. Can I sue the person who caused the accident?

Yes - if you were injured in a motor vehicle accident and the accident was not your fault we can help you take legal action against the at fault driver. You may be able to recover losses for pain and suffering, loss of income, future loss of income, out of pocket expenses, and other damages.

Our lawyers are experienced in motor vehicle lawsuits. Call us and we can assess your claim and advise you about your case.

2. I was in a motor vehicle accident. How do I get help with my recovery?

Everyone injured in a motor vehicle accident in Ontario is entitled to “Accident Benefits” whether or not you were at fault. Accident Benefits can include funds for medical expenses, rehabilitation and therapy as well as compensation for lost income and attendant care.

In order to claim Accident Benefits you should contact your car insurer within 7 days of the collision. After contacting your insurer, you will receive an application for insurance benefits that you must complete. If you do not call your insurer within 7 days, they have the right to delay providing you benefits, but you are still entitled to the benefits.

Our office has extensive experience in assisting clients with Accident Benefits claims. If you need help, contact us.

3. What can a Personal Injury Lawyer do for me?

Consulting with a personal injury lawyer can help you understand your case, your rights and the legal process in Ontario. Having a lawyer from the start ensures that all your rights are protected.

We can help you with:

Assessing your claim

Red tape and complex legal rules

Investigating your claim

Gathering expert evidence

Alternate dispute resolution and settlements

The legal processes from launching a case all the way to trial

4. How long will it take to settle my case?

The length it will take to settle your case depends on the severity of your injuries and the complexity of your case. Call us, and we can advise you of the timelines that may apply to your case.

5. How do you charge for your services?

At Greenspon Granger Hill, we understand that not every client has the resources to hire a lawyer on an hourly rate. 

We take many cases on a contingency basis. That means that we don’t get paid until you do. It also means that we will not charge you for our time if there is no recovery. At the end your settlement, our fee will be a percentage of the amount you settle for or win at a trial. That percentage varies from case to case but never exceeds 30% after disbursements.