Law

Know in detail what a lawyer does in a criminal case

 A lawyer is a person who, by the procedure established by this Federal Law, has received the status of a lawyer and the right to practice law.  The lawyer is an independent professional legal adviser. At the same time, the lawyer is an independent adviser to the accused on legal issues, and he is not entitled to engage in other paid activities, except scientific, teaching and other creative activities.

 The toronto criminal defence lawyer is involved in a criminal case:

1) from the moment of issuing a decision to bring a person as an accused,

 2) from the moment of initiation of a criminal case against a particular person;

 3) from the moment of the actual detention of a person suspected of committing a crime.

 4) from the moment the decision on the appointment of a forensic psychiatric examination is announced to the person suspected of committing a crime;

 5) from the moment of commencement of the implementation of other measures of procedural coercion or other procedural actions affecting the rights and freedoms of a person suspected of committing a crime.

toronto criminal defence lawyer

 A lawyer is allowed to participate in a criminal case as a defence counsel upon the presentation of a lawyer’s certificate and a warrant.  If the defender participates in the proceedings on a criminal case, the materials of which contain information constituting a state secret, and does not have the appropriate access to the specified information, he is obliged to sign a non-disclosure agreement.

The same person cannot be a defender of two suspects or accused if the interests of one of them conflict with the interests of the other.

The lawyer is not entitled to refuse the defences defence aspect, of the accused.

Grounds for the participation of a defence counsel in criminal proceedings

The accused (suspected) in a criminal case may personally invite a defence counsel by agreeing with him, or this may be done on his behalf or with his consent by relatives, a legal representative, as well as other persons.

At the request of the accused, the participation of a defence counsel (lawyer) is provided by the investigator and the court through legal advice.  But here it is important to note that having a defence counsel in a criminal case is the right of the accused and the suspect and not a duty.  Therefore, they can refuse his services and carry out the defence on their own, and the refusal of a defence counsel is allowed only at the initiative of the accused himself and only voluntarily.

This refusal should not be caused by difficulties of an organizational nature or the insolvency of the suspect or the accused.  In the latter case, the services of a lawyer are paid for by the state.