Criminal Law


Criminal Lawyer in BramptonWhat Do I Do If Police Ask Me To Come To The Station?  The easy answer is to call D. Ian Kilgour right away.  It is likely that the police have evidence that you have committed a criminal offence and that you are likely to be arrested and charged with an offence.  You need to contact Ian right away to discuss the interview process and its consequences.  If you are arrested it is extremely important that you do not discuss any offence with the police until you have spoken to counsel.  You do have the right to speak with counsel of your choice so whenever a police officer asks if you wish to speak to counsel say “yes, my lawyer is D. Ian Kilgour and I wish to speak with him now”.

Bail Applications

If you are arrested and detained in custody you will be taken to court the next day for a bail application.  You will likely need to have a surety in court to tell the court that you can live with them and that they will supervise you.  The surety will usually have to be able to satisfy the court that they have the financial means, usually home ownership, to make payment to the court if you do not comply with your bail conditions. If you are on probation or are on bail for another offence, bail is more difficult to obtain and you may require more than one surety if you are to be releasPlea Negotiationsed. Call Mr. Kilgour to discuss strategy for your bail application.

Plea Negotiations

If you are prepared to acknowledge that you committed an offence and that you intended to commit the offence, you may be prepared in instruct me to act on your behalf for a guilty plea.  It is unethical for a lawyer to act for a client on a guilty plea if the client does not admit to the offence. Call D. Ian Kilgour in order that he can review your disclosure with the Crown, and prepare submissions to the court to obtain the best possible result.

Impaired Driving & Driving While Over .08. 

Impaired Driving & Driving While Over .08. These are both offences under the Criminal Code of Canada.  There are serious consequences to being convicted of these charges.  You will have a criminal record which may result in you having great difficulty in finding employment.  In addition you will face a substantial fine or imprisonment. You will be disqualified from driving any motor vehicle and at the end of your disqualification you may not be able to qualify for automobile insurance.  It is extremely important that you contact counsel if you have been detained by police and asked to take the breathalyser test.  You will be asked if you wish to speak to a lawyer.  Make sure that you do not take the breath test or discuss matters with the police until you have spoken to Mr. Kilgour.  There are defences that are available to these charges, so it is important that, if you are charged, you contact Ian right away to discuss your options.

Trial Matters

Trial MattersThere are two levels of trial courts for criminal matters in Ontario, the Ontario Court of Justice and the Ontario Superior Court of Justice.  The Superior Court hears only matters that are proceeding by way of indictment (more serious charges) and hears trials with or without a jury.  In a matter that is proceeding by way of indictment you have a right to preliminary enquiry in which the Crown has to prove that they have sufficient evidence for the matter to proceed to trial. Trial lawyers have to be skilled in questioning witnesses and knowledgeable about the law.  In addition, preparation for trial is crucial to the presentation of evidence and argument.  D. Ian Kilgour has the experience to give you a strong defence.

Sentencing

If you plead guilty, or are found guilty following trial, the law recognizes many factors that a judge must take into account when determining a proper sentence. Ian will work with you to ensure that the court is aware of all your mitigating factors, plus what steps you are taking to ensure that you are not before the courts again.  For those who have committed offences because of an underlying substance abuse or mental health problem, it is important to show to the court that you are taking steps to treat those problems.  Judges have a great deal of discretion in sentencing. It is important that you have experienced counsel to making submissions to the court on your behalf in order to get the court to exercise its discretion in your favour.