Criminal / Regulatory Law

There are few things in life which can be as traumatic as when one is being investigated for or facing criminal charges. The prospect of a criminal record can affect one forever. Furthermore, the prospect of losing one’s liberty and facing a period of incarceration can be daunting. The actual outcome of an eventual criminal investigation and/or trial can vary significantly depending on when one retains competent legal counsel.

The police want to question me. What should I do?

Whether or not it is in your interest to talk to the police will of course depend on the circumstances. It is important to remember that you have absolutely no obligation to give any information to the police or anyone else investigating a matter. You also have no obligation to go with the police to the police station or let them look in the trunk of your car, take a picture of you, etc. unless you have been placed under arrest and/or in certain circumstances, the police obtain an appropriate search warrant. When the police say “anything you say can and will be used against you”, the police mean it!

Often someone might think well, I know something happened but I wasn’t directly involved so it is okay to talk to the police. In many circumstances it may be, and you may be fulfilling a good civic duty by assisting with a police investigation into a legitimate crime. Nevertheless, bear in mind that you don’t know how the police are looking at the matter. The police may have obtained information from another source (i.e. the actual one that did the crime suggesting that you were involved in some other capacity. Furthermore, the police may be in the process of developing their theory of the case (their speculation as to what happened and what they will attempt to prove happened). A simple answer such as “yeah I was there” or acknowledging that you know a particular person and that person owed you money, etc. could later lead the police to developing a theory that might place you as the prime suspect.

If you are being questioned by the police or asked about something, take note of who the officer is. Ask the officer what he or she is investigating. Ask the officer why he or she is talking to you. This may give some information as to what the police might already know. Bear in mind that although the vast majority of police are extremely ethical and do a very good job in difficult and trying circumstances, the police will not always be truthful in their answers. Deception is often a tool used in investigations in an attempt to get individuals to confess or point fingers at others. For this reason, we recommend that you do not talk to the police or anyone investigating a regulatory offence that can lead to penal consequences, without first talking to legal counsel.

After consulting with us, it might be determined that it is indeed in your interest to cooperate fully with the police and insist them with their investigation. On the other hand, it may be in your interest to refrain from doing this. The fact is, you really will not know until you have obtained some advice. The risk of talking to the police without legal advice is potentially great. If you later determine that you do wish to talk to the police after having obtained advice, the police will be more than happy to accommodate you.

Canada Custom and Revenue Agency (“CCRA”) Audits

The CCRA (formally Revenue Canada) is auditing my business or my personal tax affairs what do I do?

Ask any auditor whether or not a review of your affairs has turned into an investigation or remains an audit. If it has turned into an investigation, you should retain or at least talk to legal counsel. The rights that you have and indeed the obligations of the investigators toward you are then different as there is the potential for penal consequences of charges being laid under the Income Tax Act or other associated legislation such as the Excise Tax Act.

If you are being investigated by the CCRA or have been reassessed and disagree with the reassessment, please feel free to contact us for advice.

I have been the victim of a crime but the police will not lay charges, what can I do?

It is important for the police to have the best information possible regarding what may have happened to you so a decision can be made whether or not to proceed with charges.

A modern police force is highly trained and generally employs competent officers. Nevertheless, just because there is a decision not to lay charges by the police does not mean that there may not be grounds for charges to be laid. There are often a variety of circumstances that come into play to determine whether or not the police will lay charges. Experience has shown that there is often some inconsistency regarding whether or not charges will be laid. We have seen circumstances or something that would appear relatively serious, does not result in charges being laid while on the other hand something that might generally be deemed as trivial, results in charges. Remember you do have the option of hiring a lawyer to prosecute private charges.

Private Prosecution

If you feel you have been the victim of a criminal act and the police do not lay charges, you have the right to hire a lawyer to represent you in a private prosecution. This basically means that you will have to swear certain information or essentially a document with facts sufficient to support the particular charge. When acting as private prosecutors, we consult with you to make sure that this document is properly worded. It is then filed and then served on the accused. The accused will then have to tend court and deal with this matter in much the same fashion as if he was being prosecuted by the Public Prosecution Service with charges having been laid by the police.

If the accused is found guilty at trial, he is guilty of a criminal offence and subject to the same penalties and sentencing options as an individual that is prosecuted by the Pubic Prosecution Service. At AULD ALLEN, we have represented a number of individuals in pursing private prosecutions and in defending private prosecutions. We would be pleased to discuss your circumstances with you. Call us at your convenience for a consultation.

I really did do it and am happy to pay the consequences so why do I need a lawyer?

Time and time again in court, we see individuals willing to admit their involvement in a matter often something that might seem relatively minor such as possession of a small amount of marijuana or a minor theft or summary assault. These individuals invariably feel that they will just tell their side of their story and they will be dealt with fairly and appropriately. Time and time again, we see these individuals sentenced and suffering more severe consequences than need be the case if they had hired a lawyer for appropriate representation.

At sentencing competent counsel is indeed important. Furthermore, if one is adamant about making a guilty plea, you should be mindful of the fact that even if you did the crime, you may not necessarily agree that you did it in the way that the police or crown attorney will allege. In other words, just because you did the crime and are willing to admit, you do not necessarily have to agree with all the facts alleged. This is important and significant regarding the type of sentence you might receive. In particular, there may be facts alleged as to how the crime was committed that paint you in a more unsavoury light than actually was the case. If you just plead guilty, you can be viewed as essentially admitting all these facts. As a result, the sentencing judge will take a significantly different view of the case than might otherwise be the case. As counsel, we will be able to review the matter entirely and enter into discussions with the Crown Attorney. We will be able to determine what facts you can agree with and in some circumstances, workout an agreed statement of facts that we will be presenting at sentencing.

We will also look at all sentencing options that are available to you. Often an agreement can be worked out with the Crown Attorney (joint recommendation) or if not, we will ensure your case is fairly presented to the sentencing judge in a fashion that will hopefully lead to a sentence and outcome that is significantly more favourable than if one just went in and admitted everything himself/herself.

If you have been charged with a crime, please feel free to call us for a complimentary consultation. Furthermore, if you are intending on pleading guilty and have a sentencing hearing scheduled, it is in your interest to have advice about this. Again, please feel free to consult us and your convenience. AULD ALLEN has represented individuals a facing a variety of Criminal Code and regulatory offences. We are pleased to offer services to you.