A criminal defence lawyer represents people who have been charged with, or are being investigated for, an offence under the Criminal Code or another federal law. They explain the charge, protect your rights from the first police contact, and argue for the best available outcome, whether that is a withdrawn charge, an acquittal, a negotiated resolution or a fair sentence.
When to speak to a criminal defence lawyer
- You have been arrested, charged or told that you are under investigation.
- Police have asked to question you, or to search your phone, home or vehicle.
- You have been charged with impaired driving, assault, theft, a drug offence or another criminal charge.
- You have a bail hearing or a court date coming up.
- You are worried about a criminal record and what it could mean for work, travel or immigration.
What a criminal defence lawyer does
- Advises you on your rights, including the right to speak to a lawyer without delay if you are arrested or detained.
- Reviews the evidence the Crown has and looks for problems in how it was gathered.
- Represents you at bail hearings, pre-trial meetings, trials and sentencing.
- Negotiates with the Crown prosecutor where a resolution is appropriate.
- Explains the longer-term effects of a conviction and the options for dealing with a record.
How the rules differ across Canada
The Criminal Code is federal and applies across Canada, but cases are prosecuted in provincial and territorial courts, so local practice, court schedules and available programs differ. A lawyer who regularly appears in the courthouse where your case will be heard often knows how things work there.
Questions to ask before you hire a criminal defence lawyer
- How often do you handle charges like mine, and in which courthouse?
- What are the realistic outcomes, and what could make them better or worse?
- Will you appear for me at every step, or will someone else from the firm?
- How are fees set, and what is included if the case goes to trial?
Frequently asked questions
Do I have to speak to police if I am arrested?
You have the right to speak to a lawyer without delay when you are arrested or detained, and you have the right to remain silent. Many people choose to say little until they have spoken to a lawyer. This page is general information, not advice about your situation.
Can I get legal help if I cannot afford a lawyer?
In many cases, yes. Duty counsel are usually available at court, and each province runs a legal aid program with its own eligibility rules. Ask the court or your provincial legal aid office what is available to you.
Will a conviction show up on a background check?
It can. What appears depends on the type of check and on whether a record has been suspended, and the options differ depending on the offence. A lawyer can explain how this applies to you.
How do I find a criminal defence lawyer near me?
Choose your province or city on this page to see the criminal defence firms LawDB lists there, with their public Google ratings, addresses and phone numbers.