Gregory B. Castellano, Barrister & Solicitor
 

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Serving Guelph, Milton
and surrounding area.
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Now serving Picton and Belleville, Ontario

Call 1-800-270-0877

Opening soon:
Hamilton office

105 Main St. E.

Frequently Asked Questions about Criminal Law

What is a criminal offense?
A criminal offense is activity that is described in the criminal laws of Canada, known as the Criminal Code of Canada (which will be referred to as "the CCC"). There are other types of offenses, such as careless driving, which is not criminal and is dealt with differently. (Careless driving is a provincial offense because it is prohibited by a provincial law, the Highway Traffic Act.)

What is the difference between a criminal charge and a provincial offense such as careless driving?
The main difference is in the procedure that is involved in prosecuting the offenses. As well, the most serious penalties, such as long jail terms, are only applied to criminal offenses.

If I have been charged with an offense and I am guilty, will I have a criminal record?
Not necessarily. In certain circumstances it is possible to be found guilty and still not have a record of a criminal conviction for that offense.

What will happen on the first day that I appear in court?
Usually the only thing that happens is that another court date is scheduled, as it takes time for the prosecutor (known as the crown attorney) to process the necessary documentation in order to proceed.

Do I need a lawyer for my first day in court?
Not usually. It is normal for individuals to appear on the first day and ask for time to obtain a lawyer.

Can I plead guilty on my own without obtaining a lawyer?
You can, but it is not advisable. Very often there are matters which can be resolved in your favour quickly by a lawyer, which the crown attorney or the police may not tell you about.

What if I can't afford a lawyer?
You may qualify for legal aid which will assist you in obtaining a lawyer. required to collect GST and you do not, you will still have to pay to Revenue Canada the amount that you should have collected.