Know Your Rights
FAQs
*Please be advised that the following Criminal Law FAQ’s (corresponding questions and answers) are not comprehensive legal explanations. Rather, the questions and answers are designed to provide a brief, general, and basic description / understanding of some of the most common questions and answers regarding criminal proceedings and related topics. The answers may vary depending on the particular criminal issue and circumstance; as such, the content of this FAQ section is not actual legal advice. Do not use or otherwise rely on, any of the content contained within the FAQ section without first seeking proper legal advice.
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The best way to get answers to your criminal law questions is to set up an initial consultation. Call us and we will immediately return your call. You can call us 24 hours a day seven days a week. We will set up a meeting at one of our offices as soon as possible to discuss your case. The initial consultation is always free. If you or your loved one is in custody we will come to see you at the jail where you are being held.
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No lawyer and no firm will fight harder for you than the lawyers at Derstine Partners. We are well known across all levels of courts as being tenacious, strong advocates.
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After assessing all the criminal law questions surrounding your case we will decide whether to recommend a trial or a plea of guilt. Derstine Partners is known as a trial firm and we specialize in strong trial work.
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There is no simple answer to this criminal law question, since every case is different. Time frames can differ depending on the details of each case. The court’s scheduling also play a role in how long it takes for a matter to be resolved. We always work towards having your case resolved as quickly as possible.
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Once you have met with us in person and retained us, we are potentially able to appear on your behalf for most court preliminary appearances. There are some obvious exceptions that require you to be present in court, for example a hearing or a trial. If you need to attend the court, we will provide you with ample notice so that you can make the appropriate arrangements with work, school or child care.
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If you are charged with a serious offence and you cannot afford a lawyer we will be happy to take your case on legal aid. We leave no accused person without representation.
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In most cases we charge a flat fee to defend your case. Flat fees reduce uncertainty about your costs, help you to assess if we are affordable, and allow you to plan ahead. The precise fee will depend on the complexity of the case and on the amount of time it is estimated to take. At the initial consultation, you can sit down with one of your lawyers for free and in most cases we will be able to tell you the fee for your case up front. In some cases an hourly rate is required, but all our files begin with a signed retainer agreement, providing you with a clear picture of the costs upfront.
Payment plans are available to those who are unable to provide the full retainer upfront. Ask your lawyer for more information during your initial meeting.
For your convenience, we accept cash, e-transfers, cheques, money orders, Visa, and Mastercard.
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Pick a criminal lawyer who has the proper expertise for your kind of case. It is also essential that you be comfortable with the lawyer as your advocate. Both are equally important. Expertise in the area for which you have been charged is essential for a proper defence. If the lawyer does not have this experience and knowledge they will not be able to properly defend you if the charge is very serious. More than being experienced in your area, you need to be comfortable with that lawyer. . You need to trust the lawyer and know that he or she has your best interest at heart. You will want someone who is open and honest with you about your case. You need a criminal lawyer that is sincere and who will answer your questions. You also want someone who has knowledge of the courts and its procedures. The best criminal lawyers are the ones who are dedicated to this work for the right reasons. You want someone who believes strongly in your civil rights and will fight to protect them.
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Unless they have a warrant or there are exigent circumstances, you do not have to let them in. You do not even have to answer the door. If they say they have a warrant ask them to hold it up to the door or to slip it under the door. The police may break down the door if exigent circumstances exist such as danger of fleeing, hiding someone or some other emergency that would make the getting of a warrant impractical. If they leave a card, immediately call us. A lawyer can speak to the police to find out what it is that they want.
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If you believe that you are the subject of a police investigation, you should to visit a criminal lawyer to discuss the situation. It will be important to learn what obligations you have when dealing with police, and also what obligations the police have when investigating you. The police may want to discuss the investigation with you. In most circumstances, you are not required to speak to them. You should not even consider speaking to the police until you have received legal advice. You should speak with an experienced criminal lawyer before you decide how to proceed.
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You should never give a statement to the police. Regardless of your guilt or innocence, a statement can never help your case, no matter what the police try to tell you.
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YES. Our main Number at 4163041414 is answered 24 hours a day and you can be put in contact with a criminal lawyer at any hour if you are under arrest. As soon as we are contacted we work diligently to secure your release. Depending on the seriousness of the allegation against you and depending on your background (criminal record, etc.), we can sometimes negotiate your release over the phone. Other times, it will require that you be brought before a Justice of the Peace or Superior Court Judge.
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The first thing you need to do is to retain an experienced criminal lawyer right away. It is essential that you understand your rights and the criminal process before you make any decisions about how to deal with your charges Some of the decisions you will make are time sensitive. Sometimes it will be important to attempt to preserve evidence for a future trial. Almost without exception, only a lawyer who works exclusively in criminal law will have the right experience to guide you through the process. Derstine Penman offers a free consultation for people charged with criminal offences for the first time and who are confused and anxious about their court appearance. Everything that is said during the consultation remains completely confidential.
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They can ask but you do not have to give your password. You are never compelled to give any information to the police upon arrest.
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The police can search your home or your car if they get a warrant from a Judge or Justice of the peace authorizing this search. If the police ask you whether they can search your house or your car you should refuse until you get proper legal advice. If they assert that they have a warrant, make sure you see it and make sure it authorizes a search of your premises on the day they are searching. The legality of a search can be contested later, not while it is occurring. In some cases the police can search without a warrant.
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The police have a right to search you incident to your arrest. They are allowed to frisk you to make sure you don’t have weapons. They may also be able to search you for evidence of the crime you are suspected of having committed. In some circumstances they are able to strip-search you. If they do strip search you, it must be done in a private area of the station and in a manner that does not unnecessarily degrade or intimidate you. While under arrest or detention you are NOT required to give personal samples, like dental impressions or a sample of your DNA. However, if you blow your nose and throw away the tissue, it may later be claimed you abandoned the sample.