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In some instances, you will have the right to choose whether your trial is heard in Provincial Court, or the Court of Queen’s Bench. Similarly, in some instances you will have the right to choose if you want to have what is called a “preliminary inquiry”. You may also have the choice of whether you wish to have a trial with a jury or simply with a judge alone at the Court of Queen’s Bench.

Making the decision as to which level of court you proceed to trial at is one that shouldn’t be taken lightly. It is an important decision to make, with several factors that play into the decision making process. I discuss that process with my clients so that they make an informed decision.

There are also several legal arguments that can be made at trial if your rights were violated by the police. The Canadian Charter of Rights and Freedoms sets out the specific rights and freedoms that Canadians are entitled to. For example, the right to be free from unlawful search and seizure, the right to contact counsel, and the right to a speedy trial, to name a few. Those rights and freedoms have been interpreted by all levels of court in Canada. The case law established by the courts interprets the extent of the rights we all have. Researching and reviewing case law relating to Charter rights is an essential step in criminal trials. If the right arguments is made on your behalf, and the court finds that your rights were violated, the evidence against you may be thrown out. In those cases, the prosecution may not be able to prove the case against you. That could mean that you could be found not guilty and avoid a criminal record.

Once at trial, there are many rules of evidence and procedure that must be followed. The prosecutor will call witnesses to testify against you. Having a skilled and experienced lawyer act on your behalf to cross-examine witnesses can mean the difference between an acquittal and a conviction.

Call me today to talk about your charges, whether they are criminal or drug related. I will be a fearless advocate for you!

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