Legal proceedings
Criminal Defense Attorneys in Montreal
Do you need a lawyer for legal proceedings?
The stages of the legal process
If you are charged with a criminal offense, it is crucial to fully understand the legal process and its various stages so that you can prepare effectively. A criminal defense attorney plays an essential role in this process by ensuring that their clients understand each stage of the legal proceedings. Il est donc primordial de nous consulter rapidement à la suite d’une arrestation.
The arrest
Before entering the judicial process, an arrest must take place. In criminal law, there are two main types of arrest: arrest with or without a warrant.
Police officers have the power to arrest any person without a warrant who:
> Who has committed a criminal act or who, based on reasonable grounds, believes that he or she has committed or is about to commit one;
> Who is in the act of committing a criminal offense;
> Who has an arrest warrant.
For example, in cases of driving under the influence, a law enforcement officer has the authority to arrest a person if, on reasonable grounds, the officer believes that the person was driving while under the influence of alcohol or drugs, thereby impairing their driving abilities.
The role of a criminal defense attorney is to ensure that the arrest was lawful. If the arrest is deemed unlawful, there are legal remedies available to challenge it during the trial.
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Detention
Following an arrest, the police officer has the authority (which is largely discretionary, with some exceptions) to decide whether the person will be released or remain in custody.
When the police officer releases a person, they may do so in one of the following ways:
> Release the person unconditionally, immediately providing them with a summons or a notice to appear—that is, a document requiring them to appear on a specified date at a courthouse or municipal court to answer for the offense(s) committed;
> Release them unconditionally, informing them that they will receive a summons or a notice to appear in the mail;
> Release them subject to certain conditions, by providing them with a summons to appear along with a conditional release agreement, which they must sign and agree to abide by.
If the police officer decides not to release the person, the person will remain in custody until appearing before a judge at the courthouse or the municipal court. At that time, it will be up to the Crown prosecutor to decide whether or not to oppose the person’s release.
If the Crown prosecutor objects, it will be the duty of the defense lawyer to highlight all arguments helpful to the person’s release during a bail hearing presented before a judge.
The arraignment
An arraignment is generally the first official step in the criminal justice process. It occurs when a person is charged with a crime and is summoned to appear in court.
During this hearing, which is usually brief, the defendant is formally informed of the charges against him or her. The defendant must then enter a plea—that is, state whether he or she pleads guilty or not guilty. In practice, a not-guilty plea is almost always entered at this stage, particularly because the prosecution then proceeds to disclose the evidence.
At Riendeau Lawyers, in the days following the court appearance, the criminal defense attorney reviews the evidence provided by the prosecution and then schedules a meeting with the client to analyze it. This meeting allows the attorney to form an informed legal opinion after reviewing the evidence held by the prosecution and taking into account the client’s account of the facts.
The Trial and Sentencing
When a trial takes place, each party presents the evidence it has. A judge will review this evidence to determine whether the defendant is guilty or not guilty of the alleged crime.
The trial therefore serves to bring to light the circumstances surrounding the alleged offense. The burden of proof rests on the prosecution. In other words, it is up to the Crown prosecutor to prove the guilt of the accused beyond a reasonable doubt.
It should be noted that several types of defense are possible, such as a violation of a right protected by the Charter, the absence of an essential element constituting the offense, or the lack of criminal intent.
At the very end of the trial comes the closing arguments stage. It is during this stage that the parties present their arguments in support of their respective positions.
Following this exercise, the judge must render a verdict. They will then pronounce an acquittal, a conviction, or a verdict of not criminally responsible on account of mental disorder. If a guilty verdict is rendered, a sentence will be imposed. The lawyer representing the accused will then have the task of mitigating the impact of this sentence on their client.
Resolution of the Case and Sentencing
When a trial is not an option, the accused person will eventually have to enter a guilty plea in order to dispose of their file. Once the plea is entered, a sentence must be imposed.
At this stage, a criminal defense attorney plays a crucial role in negotiating with the Crown prosecutor to secure a fair and appropriate sentence given the circumstances. The attorney also works to prevent a criminal record from being entered for their client, if possible.
If an agreement is reached, the sentencing recommendation is submitted to the judge, who must accept it unless the judge finds that the sentence is unreasonable because it would undermine the administration of justice or is contrary to the public interest.
If the parties are unable to reach an agreement, the defense attorney and the prosecutor will each present their sentencing recommendations. The judge will then decide, at his or her discretion, on the appropriate sentence based on the nature of the offense and the defendant’s circumstances.
Before a sentence is imposed, the attorney has several options to prevent a criminal record from being entered on the client’s record. It is essential to consult with our criminal defense attorneys to assess your chances of obtaining an unconditional or conditional discharge, resolving your case through a Section 810 peace bond, having the charges completely dropped, or converting the criminal offense into a regulatory offense.
The Riendeau Avocats Team: 20 Years of Expertise in Litigation
With a team of experienced attorneys, some of whom have more than 20 years of experience practicing law, our firm is the go-to choice for anyone facing complex legal proceedings.
Over the years, we have developed specialized and in-depth expertise in litigation management and representation in court. This specialization has enabled us to secure numerous favorable rulings for our clients, even in situations that initially seemed hopeless. We have a thorough understanding of the technical nuances, procedural rules, and legal strategies necessary to protect your fundamental rights and interests.
But beyond our performance in court, it is our human-centered approach that sets us apart. Recognized for our exceptional ability to listen, we understand that behind every legal case is a person going through a difficult and stressful time. Our top priority remains client satisfaction and the successful resolution of complex cases.
With our team, you won’t just be a case number; we’ll listen to you, understand you, and vigorously advocate for you.
Why choose Riendeau Avocats for your legal proceedings?
Nothing is a foregone conclusion
Being the subject of legal proceedings does not mean that the outcome is inevitable. It is essential to consult an experienced attorney as soon as possible to assess your situation, your options, and your chances of success.
Proven expertise
At Riendeau Avocats, we handle an impressive volume of litigation and complex cases every year. If there is a legal avenue or defense strategy available, we will find it for you.
Defending your rights
Whether you are the plaintiff or the defendant, if your rights are threatened or have not been respected, we will vigorously defend them in court. Please feel free to contact us.
Your Questions About the Legal Process
Facing a criminal charge or a civil lawsuit can be very stressful, especially when you’re unfamiliar with the legal process involved. Our FAQ helps you understand the main steps of the legal process and the role of an attorney throughout it.
Legal proceedings are a series of legal steps taken to resolve a dispute in court. They may involve two individuals, companies, or the government, and are intended to secure recognition of a right, obtain compensation for damages, or defend against a charge.
Although it is sometimes possible to represent yourself, it is strongly discouraged. The rules of law and legal procedures are complex. An experienced attorney ensures that strict deadlines are met, develops a solid strategy, and protects your interests to maximize your chances of success.
The golden rule is not to ignore the document. The statutory response deadlines are often very short (sometimes as short as 15 days). Contact a lawyer immediately to assess the situation and prepare the best possible response to protect your rights.
No, not at all. In fact, the vast majority of disputes are settled out of court. Our approach always prioritizes negotiation and alternative dispute resolution methods (such as mediation) when it is in your best interest, in order to save you time and money.
There is no single answer, as it depends on the complexity of your case, the court’s caseload, and the parties’ willingness to negotiate. An out-of-court settlement may take a few months, while a case that goes to trial can drag on for several years.
Yes, the offence concerns “any drug” that impairs driving ability. Many drugs (benzodiazepines, opiates, sleeping pills) can cause drowsiness or slow reflexes. Always check the warnings on your medication, and consult your pharmacist.
Your attorney is your advisor and your advocate. At Riendeau Avocats, our role is to analyze the facts of your case, draft legal documents, conduct depositions and negotiations, and argue your case vigorously before the judge if necessary.
A civil (or commercial) dispute involves a disagreement between individuals or businesses (e.g., breach of contract, hidden defects), often seeking financial compensation. A criminal case involves the government prosecuting an individual for a violation of the law, which may result in fines or imprisonment.
To make the most of our time together, please gather all relevant documents related to your dispute (contracts, emails, invoices, reports, etc.). Write a brief chronological summary of the events and prepare a list of your questions.
If you lose your case, it is often possible to challenge the decision by appealing it to a higher court. However, the grounds for appeal are specific (such as an error of law) and the deadlines for filing an appeal are very short (often 30 days). We will review the judgment with you to determine whether this option is viable.
A formal notice is a letter sent to the opposing party demanding that it fulfill an obligation (such as paying a debt or compensating for damages) within a specific time frame, or face legal action. Although it is not always required by law, it is strongly recommended and often constitutes the first step in a legal dispute.
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Phone: 438-391-8367
Courriel : info@riendeauavocats.ca
