The police have a right to ask questions and make general inquiries as part of an investigation. You also have the right, in most circumstances, to contact a lawyer before answering any questions. You should always be polite and cooperate regarding your name, address, etc.. Your lawyer is not entitled to be present during questioning but can offer you the best advice in what, if anything, you should say.
For traffic offences or accidents, it is best to cooperate and be polite. If the police advise you are being charged, then the above rights kick in and you will be given a phone call to a lawyer and the legal aid number in the event you don’t know who to call. If you are clearly being questioned as a witness only, the above rights do not apply. While you have a right not to answer, this is not always advisable as in some circumstances, this may lead to charges of obstruction of justice. You can still request a lawyer before you answer but legally, the police are not required to do so unless you are a suspect.
CAN POLICE SEARCH MY VEHICLE, HOME OR OFFICE?
The police do not have the right to a detailed search of your car, beyond what is in clear view. The police cannot search your home or office without a warrant, except in emergency or dangerous circumstances. Otherwise, they can search your home or office only with your consent. You should always get legal advice before you consent.
WHAT IF I AM ARRESTED AND CHARGED WITH A CRIMINAL OFFENCE?
If arrested, the police must inform you of your right to speak to a lawyer. They can search your person, clothing or anything you are carrying as part of a lawful arrest. The best advice is to call a qualified criminal lawyer before answering any questions or giving any consents.
To ensure you receive the best possible outcome, it is in your best interest to obtain legal representation from a criminal defence lawyer in Winnipeg, like Jeffrey J. Gindin, Q.C. Call (204) 294-9317 now to request a consultation!
Being arrested and charged is a very scary and stressful thing. Whether it is for impaired driving, assault, possession of weapons, or any other offences the first thing you need to do is get some legal advice before talking to the police. You should be polite and answer any questions concerning your name and address, etc.. The police are required to give you an opportunity to call a lawyer. Always take them up on that offer and always follow the instructions your lawyer gives you. Whatever you say to the police can be used against you. You may be helping them to make a case against you without actually realizing it. The best advice is to say your lawyer has instructed you not to make a statement or answer any questions, if that is indeed the advice you are given.
When the police complete their interrogation or their interview, they may decide to release you with certain conditions. It is best to accept those conditions as they could be varied later by your lawyer if necessary. Or the police may be opposed to your release and want to detain you. You will need to advise your lawyer of this development and he/she will represent you at a bail application that day possibly, but more likely later in a courtroom the following day.
In Canada, a lawyer is not allowed to be present during a police interview or interrogation, so it is even more important that you contact a qualified criminal lawyer and follow their advice. It is essential that you adhere to the conditions of bail, and if required attend all court hearings and be present for your trial.
1. It begins with a complaint being made to the police that a crime has been committed, or that a crime has been observed by the police such as a driving offence. The police will interview witnesses and begin an investigation which may involve DNA analysis, or other types of scientific analysis.
2. When the investigation is complete, they will lay a charge, or refer a case to the Crown Attorney’s office for them to decide if there is sufficient evidence to proceed.
3. Sometimes the Accused is released on an Appearance Notice and sometimes detained to appear in court for bail to be requested.
4. Upon arrest, the police must inform you of your right to call a lawyer. YOU SHOULD ALWAYS CALL A LAWYER. If you don’t know one, they will refer you to Legal Aid Counsel in the meantime. FOLLOW THEIR ADVICE.
5. Once the Crown Attorney receives the file, they may change the charges, add to the charges, or even decide not to proceed. In some cases, depending on the charges, they have to decide whether to proceed by summary proceedings or indictable proceedings, Summary proceedings have lesser maximum penalties and are better for the accused in several other ways as well.
6. If you are not released by the police, you will appear in bail court within 24 hours but your lawyer will try and get you out sooner. In bail court you absolutely are better off to have a lawyer appear for you and argue for your release.
7. Cases then get adjourned often until your counsel is able to get complete disclosure of the entire Crown’s case against you. This is required for a fair trial and is guaranteed by the Canadian Charter of Rights.
8. Your lawyer decides, with your assistance, whether you should be fighting the case at a trial, what type of trial you should have, or whether you should consider a plea bargain, which may be in your best interests.
9. You will need an experienced trial lawyer to protect your rights and argue on your behalf. If you are found not guilty, it’s over. If you are found guilty, there will be a sentencing hearing which usually takes place several months later. Your lawyer will prepare you for your sentencing hearing by gathering together letters and precedents that will assist you.
10. You need an experienced lawyer to handle your sentencing hearing to assure you the most lenient sentence possible in the circumstances of your case.
To ensure you receive the best possible outcome, it is in your best interest to obtain legal representation from a criminal defence lawyer in Winnipeg, like Jeffery J. Gindin, Q.C. Call (204) 294-9317 now to request a consultation!
Free presentation by lawyer Jeff Gindin, of Gindin Wolson Simmonds Roitenberg, on Tuesday, October 30, 2018, 12:00 to 1:00 p.m. at the Millenium Library, 251 Donald Street. Registration required. Register online https://wpl.libcal.com/event/3459331
Presented in conjunction with Winnipeg Public Library.
It is important to know your rights and obligations when dealing with the police. Our guest lawyer will provide information on some of the questions that you may have such as: What if I am stopped by the police? When can the police search me? What if the police come to my home? What happens if I am detained?
A bartender at the Carberry Motor Inn took the stand in Brandon Court of Queen’s Bench on Wednesday, recalling the evening that a cordial meet up between a group of men in the motel bar somehow turned fatal.
Sharlene Robertson testified she was working on Sept. 9, 2015, the night Garnet Baptisté was found severely injured in the motel parking lot and died as a result of his injuries.
Seraphim Storheim lawyer, Jeff Gindin, says evidence could have exonerated his client
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Jeff Gindin, who represents Seraphim Storheim, filed a notice of motion asking that the new evidence be heard when the case appears before Manitoba’s Court of Appeal on Friday.
In court documents, Gindin says the evidence relates to the victim’s visit with Storheim and Storheim’s relationship with one of the defence witnesses, Connie Kucharczyk, who helped Storheim entertain the boy during his stay
“The aforementioned evidence could reasonably, when taken with other evidence adduced at the trial, be expected to have affected the outcome of the trial,” Gindin wrote in a motion filed Oct. 17. “The evidence was not available by all due diligence at the time of the trial.”
Gindin declined to comment further about the new evidence. The Crown also declined to be interviewed.
Storheim free on bail
Storheim was convicted earlier this year of sexually assaulting a boy who had come to visit him in Winnipeg in 1985.
The man testified that during that visit Storheim would routinely walk around naked and would sometimes lie naked on the floor and touch himself. The man testified that another time Storheim touched him and inspected his groin as he sat naked on a bed.
Storheim testified he talked to the boy about puberty and inspected his pyjama bottoms at the request of the boy, but denied anything inappropriate took place.
In his original appeal notice filed in July, Gindin said he was appealing on numerous grounds. The conviction “is contrary to law, evidence and the weight of the evidence,” Gindin wrote.
Mainella should have given greater credibility to Storheim’s evidence and should not have dismissed Kucharczyk’s evidence “due to bias” that did not exist, the defence lawyer suggested.
He also challenged the eight-month sentence handed to Storheim. Gindin had argued for no jail time, because Storheim’s reputation had been ruined and he didn’t have a criminal record.
“The sentence imposed was harsh and excessive having regard to the age, background and circumstances of the offence,” Gindin wrote.
Storheim was a priest in the Orthodox Church in America but he later rose to archbishop — the church’s highest-ranking cleric in Canada. He was placed on leave when he was arrested in 2010 and retired following his conviction.
The Orthodox Church in America has 700 parishes, missions and other institutions across North America. It is separate from other Orthodox churches such as the Greek Orthodox Church and the Ukrainian Orthodox Church.
WINNIPEG — The Manitoba government is coming under fire for waiting until two byelections are held before releasing a final report into how social services failed a five-year-old girl who was murdered by her mother and stepfather.
For almost two years, a public inquiry examined the death of Phoenix Sinclair, who bounced in and out of foster care before being killed in 2005. Commissioner Ted Hughes was tasked with determining why the little girl slipped through the cracks and how her death went undiscovered for months.