Although you may be eager to find the right Ontario criminal defence lawyer for you, it is important that you take your time in making your decision.  You should consider a few different lawyers and compare their services, expertise, and cost before choosing one.  If you look into a few lawyers, rather than choosing the first one you hear of or meet, you will be in a better position to choose a lawyer that you can afford and who is best suited to your case.  You will also have a better understanding of what different lawyers charge and what you get for their fees.

While the cost of hiring a lawyer is going to be in your mind, you should really try to put the issue of money in the background.  Do not make financial considerations the most important factor in choosing a criminal defence lawyer.  The cost of hiring a particular lawyer should not be the first question you ask someone.  Once you discuss your case with a lawyer and ask other important questions, you will have time to discuss fees and payment options and see what kind of arrangement can be made.

If you find a lawyer who you think is right for your case, but you cannot afford their services on your own, consider asking close friends and family for some financial assistance.  We understand that it can be difficult and sometimes awkward to ask people for money, but remember that hiring the right criminal defence lawyer is extremely important.  Those individuals that are close to you will likely want what is best for you and will perhaps be able to help you achieve a successful outcome by helping you afford a good criminal lawyer.

There are a number of things to consider when you are looking to hire a criminal defence lawyer.  When it comes to the financial side of things, take your time and do your research about how you may be able to pay for your lawyer.  There are various financial arrangements that can be made so explore all of your options and discuss your situation with your lawyer.  Investing in the right criminal defence lawyer is an important step towards creating a good defence for your case.

The criminal defence lawyers at Auger Hollingsworth are sensitive to the fact that many people cannot afford to pay high fees for their lawyer and most are concerned about the cost of hiring a good lawyer.  Remember, that hiring a good defence lawyer is probably one of the most important decisions you will make so while the cost should be taken into consideration, it shouldn’t be the most important factor.

That being said, if you decide to hire a criminal defence lawyer for your case you may be wondering what you get for the money you pay.  The question “do I get what I pay for?” is difficult to answer.  First of all, the most expensive lawyer is not necessarily the best lawyer.  Individual lawyers set their own fees and these rates depend on a number of things, such as the size of the lawyer’s firm and the lawyer’s operating expenses.

Once you have found a lawyer who you think would best suit you and your case, but their fees are beyond your budget, you can discuss your financial situation with them.  You may be able to come to a financial agreement that suit both of you.  You can explain to your lawyer what you are able to afford immediately, what you can pay later, and when you will be able to pay the rest.  While it is not a guarantee that every lawyer will be flexible, it is definitely worth having a conversation with your lawyer to see if something can be worked out.

When discussing finances with your lawyer, it is best to not quote fees that other lawyers are charging.  You also shouldn’t try to negotiate the fees.  You want to remain professional in your relationship with your lawyer and this is not the time to haggle.  You don’t want your lawyer to have the impression that you don’t take them seriously or that they are not worth their fees.

When deciding upon a criminal defence lawyer, financial considerations are important.  Assess your personal financial situation and try to find a way to set aside the necessary resources to pay for a good lawyer.  Think of paying for a good criminal defence as an important investment in your future.

-William Barr, Ottawa

July 2011

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.

Careless driving contrary to Section 130 of the Provincial Highway Traffic Act

Driving a motor vehicle without a license contrary to Section 32 (1) of Provincial Highway Traffic Act

BACKGROUND:

A car stopped at a red light on a Saturday night in Ottawa was rear-ended by a car that my client, Tony, was driving. After colliding with the vehicle, Tony dislodged his car from the other car and fled the scene. The driver and passengers of the car that had been hit were not injured and were able to provide Tony’s license plate number to police. Police arrested Tony at his home after he could not provide any reasonable excuse for leaving the scene of an accident.

STRATEGY AND RESULTS:

After I met with the Crown, it was agreed that these charges would be dropped at the Provincial Offences Court in Ottawa.

Theft not exceeding $5000/Shoplifting contrary to Section 344(b) of the Criminal Code of Canada

Fraud not exceeding $5000 contrary to Section 380(1) (b) of Criminal Code of Canada

BACKGROUND:

Stephanie was observed by security guards at Walmart trying to return 3 woman’s jackets that she had not purchased. The officers at the store had suspected Stephanie of fraudulent returns for several months. After having the return refused, Stephanie began shopping in the store. When leaving the store, she used a self-checkout machine. After she had left the building, the Walmart employee apprehended Stephanie and found that the items on her receipt did not match the items she was leaving with. The police were called and Stephanie was arrested, charged and released on an appearance notice.

STRATEGY AND RESULTS:

After my negotiations with the Crown, it was agreed that all charges against Stephanie would be withdrawn. The charges were withdrawn in Ottawa court.

Possession for the Purpose of Trafficking (Marijuana) contrary to Section 5 (2) of Controlled Drugs and Substances Act

Possession for the Purpose of Trafficking (Cocaine) contrary to Section 5 (2) of Controlled Drugs and Substances Act

Possession of Property Obtained by Crime contrary to Section 354 (1) (a) of Criminal Code of Canada

BACKGROUND:

Benjamin was observed by police making hand to hand transactions with two other males in Smiths Falls. Police found marijuana and cocaine, a digital scale, and other drug related paraphernalia belonging to Benjamin. Shortly thereafter, he was arrested and charged.

STRATEGY AND RESULTS:

After discussions, the Crown agreed to drop all charges against Benjamin. The charges were withdrawn in Perth Court.