BC Criminal Lawyers are listed under the following cities:
Vancouver Criminal Lawyers:
George Lee Law Office, 604-681-1611
5050 Kingsway, Unit 206, Burnaby, BC V5H 4H2
Email Website
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Criminal law involves offences committed against the public. Unlike civil cases, which deal only with private disputes, criminal offences are specifically designed for charges made against an individual by the government represented by Crown Counsel. The Crown is required by law to prove a charge beyond a reasonable doubt and you have the right to remain silent. In other words, you have no obligation to offer assistance to the Crown's case. In many cases, you are protected under the Canadian Charter of Rights and Freedoms against intrusion of privacy and unreasonable search and seizure.
When you are arrested by the police, or when you are charged of an offence by the government, you cannot take it alone. We are here to offer our help, as we are experienced in dealing with the prosecutors and defending your case in court.
Jonathan J. Israels
Suite 760
475 West Georgia Street
Vancouver, B.C.
V6B 4M9
Phone: 604-488-1313
Abbotsford Criminal Lawyers:
Dykstra & Company
#201-2692 Clearbrook Road
Abbotsford, BC,
V2T 2Y8
Phone: 604-853-4793
Fax: 1-888-988-3122
Toll Free: 1-877-753-4793
Victoria Criminal Lawyers:
Mulligan Tam Pearson
2nd Floor
736 Broughton Street
Victoria, BC
V8W 1E1
Local: 250-480-4040
Fax: 250-480-0004
Toll Free: 1-800-664-2785
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Criminal Law
Criminal law is concerned with acts or omissions deemed illegal by legislature. Criminal law offences range from crimes such as murder, assault, robbery and theft to driving with a blood alcohol level over the legal limit.
In Canada, criminal law is enacted by the Federal Parliament. Criminal procedure in Canada is concerned with:
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criminal proceedings in the criminal courts:
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conduct within the courtroom,
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competency of witnesses,
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oaths
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affirmations,
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presentation of evidence.
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pleading,
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evidence, and practice,
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rules in the Criminal Code which deal with police powers,
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right to counsel,
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search warrants,
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interim release, and
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witnesses, etc.
Types of Offences
Offences are set out in the The Canadian Criminal Code
and are divided into two broad types: "summary" and "indictable". Summary offences tend to be less serious ones, indictable more serious.
Procedure if an an offence is Alleged
Complaint is Sworn
The police swear a complaint and present it to a judge. If the judge feels the person should be made to come and answer the accusation that has been made the judge will issue either a summons, or a warrant for arrest.
Summons
A summons is usually delivered personally by a police officer. It sets out what the charge is, and when the person must appear in court to answer the charge. If the offence charged is one that can be proceeded with by indictment, the person may also be told to go to the police station for finger-printing. Failure to show up for finger-printing can lead to a warrant for arrest being issued.
Arrest
An arrest can be made by the police under the following circumstances:
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if they find someone committing an indictable offence;
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if they see someone apparently fleeing from lawful pursuit after committing a crime;
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if they believe someone is about to commit an indictable offence;
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if they believe there is a warrant out on the person;
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If they have a warrant for the arrest of a person.
Conduct of Police after the Arrest
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The police have the right to search someone being arrested. The main justifications for this are to check for weapons, and for evidence of the alleged offence;
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Police can't arrest someone on mere suspicion, or just to help with an investigation;
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It is proper for the police to question anyone, and even to ask the person to voluntarily accompany them, to the police station;
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The person arrested must be told the reason for the arrest;
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If the offence is an indictable one , the police can fingerprint and photograph the person;
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The person must be told about his or her right to talk to a lawyer;
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If the person wishes to speak with a lawyer, the police must make a telephone available;
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Questioning should cease until there has been a reasonable opportunity for the person to get legal advice.
Conduct of Arrested Person
An arrested person is not obliged to answer questions put to him or her by the police. This is a right of the person and no blame or suspicion will be placed on the person for exercising this right.
The best action the arrested person can take is to get advice from a lawyer as soon as possible, and before talking to the police.
Lawyers may recommend making a limited statement in some circumstances:
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someone who is a juvenile may want to let the police know this as soon as possible; and
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giving basic personal I.D. information (name, address, occupation, and so on).