A Comprehensive Guide to Criminal Court Proceedings in Toronto

Facing criminal charges in Toronto or the surrounding areas can be a daunting experience. The complexities of the legal system and the potential life-altering consequences make it essential to understand the criminal court proceedings in the Greater Toronto Area. In this comprehensive guide, we will walk you through each stage of the process, shedding light on the various steps involved and providing valuable insights to help you navigate the system with confidence.

Whether you’re facing charges for the first time or simply seeking to educate yourself on the legal process, this guide offers the essential information required to better comprehend the intricacies of criminal court proceedings in Toronto.

Armed with a deeper understanding of the steps and players involved, you’ll be better prepared to make informed decisions and work closely with your legal team for the best possible outcome in your case.

A Comprehensive Guide to Criminal Court Proceedings in Toronto
1. Laying of Charges and Initial Arrest

The criminal court process begins when the police arrest a suspect and lay formal charges based on the Criminal Code of Canada. After the arrest, the accused is taken into custody and may be held for a bail hearing or released on bail with certain conditions. In some cases, the police may release the accused on a Promise to Appear or Undertaking before they even get to the bail hearing stage.

2. Bail Hearing

A bail hearing, also known as a judicial interim release hearing, is held within 24 hours of an arrest or as soon as possible following that timeframe. This hearing’s purpose is to determine whether the accused should remain in custody while awaiting their trial or be released on bail.

The Crown prosecutor may argue to keep the accused in custody based on flight risk, likelihood of reoffending, or the severity of the crime. If released, the accused will need to follow conditions laid out by the court and release documents. These conditions may include no-contact orders, curfews, or geographical restrictions.

3. Disclosure and Case Conferences

Following the bail hearing, the next step in the criminal court process is disclosure. The Crown prosecutor is required to provide the accused and their lawyer with a copy of all the evidence against them in their case. This disclosure may include witness statements, police reports, and expert opinions. Your defence lawyer will review this material to determine the most appropriate strategy for your case.

Case conferences, or pre-trial meetings, are held between the Crown and defence counsel to discuss and possibly resolve the case without going to trial. These informal meetings can result in an agreed resolution or identify outstanding issues to be decided at trial.

4. Preliminary Hearings

In cases involving an indictable offence, a preliminary hearing may take place to determine whether there is enough evidence for the case to proceed to trial. This hearing is held before a judge, with the Crown prosecutor presenting evidence and calling witnesses to testify. The accused’s defence lawyer can cross-examine these witnesses and challenge the evidence presented. If the judge determines that there is sufficient evidence, a trial date will be set.

5. Choosing Trial by Judge or Jury

For those facing more serious indictable offences, the accused will have the option to choose whether their case will be tried by a judge alone or judge and jury. This decision should be made in consultation with your defence lawyer, considering the factors surrounding your case and the type of trial that may provide the most favourable outcome.

6. Pre-Trial Motions

Installed directly into a vehicle’s ignition system, an IID requires the driver to blow into a mouthpiece before starting the car. The device measures the individual’s blood alcohol concentration (BAC) and only allows the vehicle to start if their BAC meets the predetermined limit, usually well below the legal level of impairment. Some devices may also require random retests while the vehicle is in motion, ensuring continuous sober driving.

7. Trial Process

During the trial, the Crown prosecutor and defence lawyer present their cases before the judge or jury. The Crown has the burden of proving guilt beyond a reasonable doubt. This is accomplished by presenting evidence and calling witnesses to testify. The defence, on the other hand, will challenge the evidence and witness testimony to create reasonable doubt.

The trial process typically follows a set order, beginning with opening statements from the Crown prosecutor, followed by presentation of the Crown’s case, including witness testimony and evidence. The defence may then present their case, which may or may not include calling witnesses or providing additional evidence. Both the Crown and defence have the opportunity to cross-examine witnesses.

After each side presents their case, closing statements are made, summarizing the principal arguments and addressing any issues raised during the trial. In a jury trial, the judge will then instruct the jury on the relevant legal principles to be applied before they begin their deliberations.

8. Verdict and Sentencing

At the end of the trial, the judge or jury will announce a verdict of guilty or not guilty. If the accused is found not guilty, they will be acquitted, and the criminal proceedings will end. If found guilty, a sentencing hearing will be scheduled.

During the sentencing hearing, both the Crown and the defence will present their positions on the appropriate sentence for the accused. The judge will consider various factors, such as the nature and gravity of the offence, the offender’s criminal history, and personal circumstances before delivering the sentence. Sentences can range from fines and community service to probation, incarceration, or a combination of penalties.

Knowing each stage of the criminal court proceedings in Toronto can help you better understand and prepare for the legal challenges you may face. Ensure that you discuss every aspect of your case with an experienced criminal defence lawyer to make informed decisions throughout the process.

Empower Yourself with Knowledge and Legal Expertise

Understanding the criminal court proceedings in Toronto and the Greater Toronto Area is essential for navigating the legal system effectively and making informed decisions at every step of the process. It’s vital to have a skilled and experienced criminal defence lawyer by your side to guide you, protect your rights, and present your case in the best possible light.

If you’re facing criminal charges in Toronto, don’t leave your future to chance. The legal professionals at Calvin Barry Professional Corporation are experienced in handling all aspects of criminal court proceedings and are dedicated to providing personalized, effective representation for your unique case. 

Schedule a consultation with our team today to discuss your case and begin planning your legal strategy for the best possible outcome.

Be open and honest with your lawyer to give them the best chance of successfully defending you. Contact Calvin Barry today if you need a DUI lawyer in Toronto or the surrounding area.

Get In Touch

Contact Calvin Barry Today.

Contact an experienced criminal defence lawyer in Toronto to fight for your case.

Be open and honest with your lawyer to give them the best chance of successfully defending you. Contact Calvin Barry today if you need a DUI lawyer in Toronto or the surrounding area.

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White Collar Crime Lawyer in Toronto

White collar crime is a crime committed in a corporate or occupational setting that results in a monetary gain.

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White Collar Crime

If one is convicted of a white-collar crime, they risk losing their job or revoking their professional license. Consequently, this criminal record can lead to decreased freedom, difficulty finding a job, travelling, and family life.
White - Collar Crime

What Is a White-Collar Crime?

White-collar crime is a crime committed in a corporate or occupational setting that results in a monetary gain. It covers a variety of activities, including the following:

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White - Collar Crime

Calvin Barry Professional Corporation has the experience and resources to understand the type of white-collar crime and assist you in the best possible way during your trial. With Calvin Barry and his team, you will be given the time and legal expertise that can deal with each unique case.

Embezzlement

The theft of capital assets belonging to another

Corporate Fraud

Illegal activities that take place in a company, such as the misrepresentation of a product

Money Laundering

Safekeeping money collected from illegal activities

Bribery

Something of value is given in to persuade another to act illegally

Cybercrime

Using technology such as the internet and computers to engage in illegal activities

Insider Trading

Using access to confidential information to buy or sell stock to their advantage

Identity Theft

A type of fraud that misuses another one’s identity for financial gain

Copyright Infringement

Using work that is copyright law protected without permission

We recommend consulting with us at Calvin Barry Law to determine the best steps for your defence. Know that you are entitled to legal consultation upon detention or arrest, and it is best to consult with an impaired driving lawyer before further actions from law enforcement. We aim to defend your case to get the lowest possible penalty if the dismissal of charges is not viable.

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What to Do if You Are Convicted of White - Collar Crime

Don't Plead Guilty

If you are charged with a white-collar crime, do not plead guilty before consulting with one of our lawyers. Calvin Barry Professional Corporation has the experience and resources to understand the type of white-collar crime and assist you in the best possible way during your trial.

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With Calvin Barry and his team, you will be given the time and legal expertise that can deal with each unique case.
We will fight for your rights no matter the severity of the charges. At Calvin Barry, you will be defended.

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Contrasting White Collar and Blue Collar Crimes

White-collar crimes are typically committed by people in positions of power or trust, such as business executives, bankers, or lawyers. These crimes involve financial fraud and deception, such as embezzlement, insider trading, and bribery. 

On the other hand, blue-collar crimes are usually more direct and involve activities like theft, robbery, or burglary.

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Consequences

If an individual is found guilty of a white-collar offence, they may be dismissed from their job or have their professional permit taken away. This kind of criminal record can lead to limited freedom, trouble securing employment, restricted travel, and disruption in family life.

Non-violent white-collar crimes can have severe consequences, including lengthy prison sentences or even life imprisonment. These crimes, including fraud, theft, or embezzlement, are committed without the perpetrator ever having to leave their workplace. If you are accused of one of these offences, it is important to understand the consequences you could face and how to defend yourself against the charges.

In Canada, we lack accurate information about the number of white-collar crimes taking place and the number of cases that have been effectively addressed. According to the Criminal Intelligence Service Canada, the monetary loss due to financial crimes in our country amounts to $5 billion yearly—a staggering amount that is equivalent to the yearly expenditure of all federal and provincial correctional facilities combined.

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We’ll Defend You from White Collar Crime

You are entitled to a legal consultation if you are taken into custody or arrested. It is highly advisable to seek the help of a lawyer specializing in white-collar cases before taking further action with the authorities. Do not plead guilty to a white-collar crime until you have spoken to our lawyers. 

Our Calvin Barry Professional Corporation team has the knowledge and expertise to navigate any white-collar crime case and provide you with the best legal representation for your trial. Our goal is to defend your case and get the most lenient punishment possible, even if a dismissal of charges is not an option.

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10 FAQs about White Collar Crime

White-collar crime encompasses illegal activities committed in a corporate or occupational context for monetary gain, such as embezzlement, corporate fraud, money laundering, and insider trading. If you’re facing such charges, it’s crucial to understand your legal position. Contact us for a free consultation to discuss your case specifics.

Convictions can lead to job loss, revocation of professional licenses, and significant personal and financial repercussions. It’s essential to tackle these charges head-on with expert legal advice. Reach out to our team to explore your defense options.

These crimes are investigated by various agencies, including the RCMP, and prosecuted by Crown attorneys. The process can be complex and intimidating. If you’re under investigation, contact our legal team for expert defense strategies.

Do not plead guilty without consulting a lawyer. Early legal intervention is key to a strong defense. For immediate assistance, speak with our lawyers.

A robust defense strategy is critical in such cases. Our team can help challenge the prosecution’s evidence and present your side effectively. For a personalized defense approach, get in touch with us.

You have the right to legal consultation upon detention or arrest. It’s advisable to seek legal counsel before any further action. For expert guidance, contact our firm.

False accusations require a robust defense to clear your name. It’s essential to compile evidence and witness testimony that supports your innocence. For guidance on how to proceed, reach out to our team.

Proactive legal defense is your best step forward. Don’t wait to get legal representation. Reach out to us to start building your defense early.

The intricate nature of these crimes requires detailed legal knowledge and strategic defense. Our team has the expertise to handle such complexities. Let’s discuss your case.

Leniency can sometimes be negotiated, especially with mitigating factors or cooperation with the investigation. To understand how this might apply to you, seek legal counsel.

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