One of our recent articles talked about what to watch out for in lawyer advertising.  This article will look at the other side to inform you about the “right way” to advertise and how you might find good, honest criminal lawyer advertising.  While you want to avoid using directory sites, referral firms and referral sites, you can still find good quality information on the internet; you just need to know how to find it!

When searching online, go directly to the lawyer’s website.  Look specifically for case results, client testimonials, and other kinds of helpful information in order to find out if that firm or lawyer is right for you.  It is also a good idea to take a look at the lawyer’s education, training and background.  Look for things like when they were admitted to the bar and where they have previously worked.  Ideally you should hire a lawyer with significant experience (at least ten years practicing criminal law).

If the lawyer has posted any articles, videos or other free resources on their website, take a look at them.  You don’t have to read everything in great detail, but it is worth spending a few minutes looking at what they have written or spoken about.  Remember that you will be spending a lot of time with your criminal lawyer so you want to hire someone that you can see yourself working with.

In addition to searching the internet for your criminal lawyer, ask friends, family, co-workers if they know any good lawyers that they have had a positive experience with.  Make sure that the lawyers they suggest work in the legal area that is relevant to your charges.

One way to know that a lawyer may be good is to assess the quality of their website content.  If a lawyer has put detailed information about themselves on a website and has included useful information, they are likely a reputable and serious criminal lawyer.   Also, educational content and free resources are also signs of a good lawyer.

If you are looking for an Ontario criminal lawyer to represent you, feel free to contact the defence attorneys at Auger Hollingsworth for a free consultation.

Most, if not all, of the lawyer directory websites are privately run and are created in order to make a profit.  The lawyers whose names are included in the directory have paid to have their name there.  This does not indicate anything about their experience or expertise as a criminal lawyer.  Directory sites operate much like an online phone book directory.  The lawyers who pay more will have larger, more noticeable advertisements.  Many of these sites have a search engine where you can narrow your search based on certain keywords.  Keep in mind that the names that come up are the lawyers who have paid for their listing to appear based on those search terms.  While this is not all necessarily a bad thing, you should be aware of how the system works if you are going to use it.  Be aware that just because a lawyer’s listing is first in the list or is larger than others, it does not mean that they are the best lawyer for you.

Another kind of website you may come across is a referral site.  These sites ask you for detailed information about yourself and your case in order to put you in touch with a lawyer who matches the information you gave.  This system may sound like it would be accurate and find you the right lawyer but like directory sites, these sites aim to make money.  Lawyers pay to have their names referred to potential clients.  Again, this does not mean that you will get a lousy lawyer, but it also does not guarantee that you will find the best lawyer to represent you.

A third kind of website is a referral firm.  Of all of the kinds of websites that claim to help you find a lawyer, you should be most wary of this one.  On these sites, lawyers advertise legal services without intending to or being capable of providing those services to clients.  When an individual shows interest in the services being offered, the lawyer or referral firm sends the information to another lawyer or firm who can handle your case.  This way, you end up being in contact with a different lawyer than you thought.  Sometimes these referral sites charge people for their referral service, even though individuals don’t know that they are going to be referred in the first place.  Clearly these kinds of sites should be avoided because you just don’t know who will end up speaking with or who will represent you.

As you can see, not all lawyer advertising is good or tells you very much about the lawyers and their expertise and the services they provide.  Although these sites may be appealing and may seem to make the search for a criminal lawyer easier, it is best to avoid them.  You are the only person who can decide which lawyer is right for you.  Don’t leave that decision up to someone else.

One way to assess a lawyer’s commitment to the law is to find out if they have made any contributions to legal publications or if they have written their own books or booklets about the law.  The best lawyers are those who have put time into researching developments in the law and in educating the general public.  If a lawyer has been involved in publishing legal information, they are likely invested in their work and are passionate about criminal law.  Additionally, a lawyer committed to helping people who have been charged with a criminal offence, should provide a variety of information on their website aimed at informing the public.  Things like “frequently asked questions” sections on their website or regular blog posts and online articles can indicate a lawyer’s commitment to the law.

A lawyer’s commitment to the law can also be seen in their involvement with the media.  If a lawyer has been asked by the media, whether on the radio, television or newspaper, to comment about a legal issue it is a sign that they are a good lawyer.  If a criminal defence lawyer feels confident enough to speak knowledgeably about a particular legal issue on the radio or on television, they are likely going to have the confidence necessary to handle your case.  It means that they are informed on current legal issues and that they are comfortable speaking about the law in a variety of ways, not only in the courtroom, but to the general public as well.

Here are a few questions you might want to ask a lawyer when trying to decide whether to hire them or not:

1. Have you written any recent books or articles?

2. What legal journals do you read regularly?

3. What kind of free information do you offer to the public and potential clients?

4. Have you ever been involved in commenting on legal issues in the media?

If you are looking to hire an Ontario criminal defence lawyer to work on your case, make sure that you consider their level of commitment to the law and their passion about the field of criminal law in particular.  The criminal defence lawyers at Auger Hollingsworth are committed to providing excellent legal representation for their clients.  Contact them for a free consultation to discuss your case.

One personality trait you may want to look at is aggression.  While you want your lawyer to be very committed to your case and able to aggressively defend the charges against you, you don’t want a lawyer who is overly confrontational or who turns their aggression towards you.  Think about the level of aggression you want in your lawyer and the kind of personality that would suit you and your case.  Aggression can be good or bad so make sure that you choose a lawyer who suits the level of aggression that you are comfortable with.

Secondly, you may want to take into account a lawyer’s intuitiveness and their ability to understand their clients and relate to them.  You also want to try to assess a lawyer’s ability to understand the other players involved in the legal system, such as Crown attorneys, police officers and judges.  An intuitive lawyer will be good at relating to all of these individuals and understanding how the legal system works.

One very important personality trait in a criminal defence lawyer is confidence.  You want your lawyer to be able to confidently defend the charges against you.  You don’t want a lawyer who cannot react well on-the-spot or one who is not confident about their knowledge of the law and of your case.

One last personality trait that you want to take into consideration is practicality.  While it may be nice to hear your lawyer tell you how easy it will be to win your case or that you don’t even need to think about what will happen if things don’t go as planned, it is not a good sign if your lawyer tells you these things.  You need a lawyer who will work very hard to successfully defend you, but you also want them to be practical and realistic about your case.  It is best if you have a lawyer who can quickly judge a situation and decide upon the appropriate course of action to take.

There are many things to take into consideration when choosing the right Ontario criminal defence lawyer for your case and personality is one of them.  Make sure that you are choosing the lawyer who suits you and your particular case.  If you want more information about choosing a criminal defence lawyer, contact the lawyers at Auger Hollingsworth.  They would be happy to discuss your case with you.

There are several areas in which you want your criminal defence lawyer to have experience.  Firstly, you should look for a lawyer who specializes in criminal law.  Many lawyers practice a number of different kinds of law but it is in your best interest to hire a lawyer who deals exclusively with criminal cases.  A generalist lawyer (one who practices a variety of kinds of law) may not know as much about handling criminal cases like yours and they likely do not have as much experience dealing with the criminal justice system as a lawyer who deals only with criminal law.  Since Ontario criminal law is always changing and evolving you want a lawyer who is always current and knows the law well.  Also, legislation such as the Criminal Code of Canada are very complex documents.  A generalist lawyer will probably not be as familiar with the details of such laws but a criminal lawyer who devotes all of their time to criminal law, would.

You also want your Ontario criminal defence lawyer to have relevant trial experience.  While not all criminal charges end up in court, you want your lawyer to have experience defending charges in court if your case goes to trial.  You should feel confident that if your case goes to trial, your defence lawyer has enough experience to be able to defend you in the courtroom.  A lawyer who has years of experience handling a variety of criminal cases will understand how a trial proceeds and the best way to argue your case in a given situation.  It is also important to know that your lawyer not only has experience in a courtroom but that they have successfully won cases that have gone to trial.

It is also a good idea to hire a lawyer who is familiar with your region.  If you have been charged with a criminal offence in Ottawa, it is a good idea to work with a lawyer who is familiar with the Ottawa region.  While “connections” with other lawyers or judges do not play a role in criminal cases (thankfully our legal system does not work that way!), it will benefit you if your lawyer is familiar with the region where you will be fighting your charges.

When meeting with your potential criminal defence lawyer think about asking them the following questions in order to assess the level and relevance of their experience:

1. How much of your practice involves criminal law?

2. Do you feel comfortable handling a case like mine?

3. Have you tried many cases in my particular region?

Hiring a good defence lawyer is important.  If you have any questions about how to look for the right criminal defence lawyer for your case, feel free to speak with the defence attorneys at Auger Hollingsworth.

The most important characteristic of a good criminal defence lawyer is honesty.  It is crucial that you find a lawyer that you can trust and that you feel comfortable speaking with.  There are two particular areas where you want to feel that your lawyer is being honest.  The first is that your lawyer is honest about the potential outcomes of your case.  Criminal defence lawyers cannot predict the outcome of any given case but they can show you how they think the case may proceed and develop the best strategy possible.

While it may sound great to hear a lawyer guarantee that they will win your case, you should be very sceptical of such promises.  If a lawyer tells you how easy it will be to win your case you should probably not trust them.  Good criminal defence lawyers will explain to you the potential outcomes of your case.  If your lawyer is optimistic or confident about your case, that is a good thing because you want them to work toward the best outcome for you.  A good lawyer will explain to you their strategies for successfully defending you but they will also lay out what might happen if things don’t go the way you plan.  Make sure that your lawyer gives you an honest assessment of your case and the potential outcomes.

The second area where you want to make sure your lawyer is being honest is regarding legal fees.  The last thing you want to find out at the end of your case is that you have a surprise bill to pay for the legal services you received.  You can assess the honest level of a particular lawyer by looking at the way they charge their clients.  It is best to work with a lawyer who uses a retainer system.  This system is the most honest arrangement between a lawyer and their client and they allow you to also plan ahead.  A good criminal defence lawyer should be upfront about their legal fees and should be able to give you an estimate of what their services will cost.

Lastly some important questions to ask your lawyer include:

1. What is the worst/best case scenario?

2. What challenges do you see in my case?

3. When do I have to pay legal fees?

4. What are my options and what are the risks and benefits of each option?

If you are facing criminal charges, contact the criminal defence lawyers at Auger Hollingsworth and you can be confident that you will receive honest legal representation.

- (Name withheld by request), Ottawa

May 2011

Fraud contrary to Sections 380(1)(b), 462.31(1)(a), and 354(1) of the Criminal Code of Canada

BACKGROUND: After several trips to Walmart where she returned and purchased various items, my client Chantal was arrested for fraud.  It was alleged that she attempted to return store merchandise without first purchasing it and received a refund in gift cards.   A loss prevention officer reported that he performed an investigation and after observing Chantal’s conduct, he placed her under arrest.

Read the Summary of Police Allegations

GOALS:  Chantal is a professional with a family and needed to avoid a criminal record and severe penalties.

STRATEGY and RESULTS:  I sought to have Chantal enter into a diversion program and avoid criminal prosecution.  I worked to have her enter a theft prevention course and make restitution. Ultimately, the Crown agreed to drop all of the criminal charges and the case was concluded with Chantal maintaining a clean record.

The potential penalties for tax evasion include fines, imprisonment, or sometimes, both.  The amount of the fine is usually in proportion to the amount of taxes an individual was trying to evade.  Depending on the particular circumstances and the seriousness of tax evasion, the penalties can be quite severe.  Failing to file your income tax return is usually considered to be a lesser offence with fines ranging from $1000 – $25 000.  You may also face up to twelve months in prison for not filing your taxes.  Again, this varies on a case by case basis so it is best to speak with an experienced Ontario criminal lawyer if you are facing tax evasion charges.

Making a false statement on your income taxes is more serious.  Someone who makes a false or misleading statement or intentionally tries to avoid paying taxes will usually receive a fine in the amount of fifty to two hundred percent of the amount of tax that was supposed to be paid.  An individual may also receive up to two years in prison for making a false statement on their income tax return.

Tax evasion also includes claiming false credits or deductions that an individual is not really entitled to.  This also includes conspiring with another person to claim false deductions.  The penalty for this kind of tax evasion is similar to making a false statement since the individual receives a fine between fifty and two hundred percent of the amount of tax that would be assessed if the individual had not tried to make a false deduction.  A prison sentence of up to two years can also be added as a penalty.

As you can see, tax evasion is taken seriously in Canada so it is important to file your income tax returns properly.  There are a number of services that exist to help individuals file their taxes so feel free to take advantage of this help.  If you are facing tax evasion charges, you should hire legal counsel to represent you.  The Ottawa criminal lawyers at Auger Hollingsworth can help your defence against tax evasion charges.

We believe that individuals seeking legal advice should be have access to useful information for free.  Rather than spending hours researching various law firms, visiting numerous websites and trying to distinguish sound legal advice from mere opinion, we provide the public with practical legal information.

If you are facing criminal charges, particularly if this is your first time involved with the criminal process, you are likely overwhelmed and have many questions.  By consulting our website, you will have access to a variety of free resources that will be of help to you.

Our goal is to answer the questions you have, so that you don’t have to speak with many lawyers in order to get the information you are looking for.  On our website you will find a variety of articles about the different issues and questions related to criminal charges.  Our video library and blog also contain useful information about specific situations and types of cases.

One of the best resources we have to offer is a book about the criminal process entitled “Not guilty! Fight and Win your Criminal Case.”  If you have questions about your criminal charges, what to look for in a criminal lawyer, or how the court process works, this book will provide you with the answers.  To get this resource for free,  click here.

This book will answer all of your questions about the criminal process so that you will understand what may lie ahead of you and prepare for a successful defence.

While the free information we provide will go a long way in helping you understand your criminal charges and how the criminal process works, one-on-one personal legal advice will help you even further.  Contact the lawyers at Auger Hollingsworth to discuss your particular case.