3 Ways a Criminal Lawyer in Toronto Can Successfully Defend Against Your Charges

toronto-criminaldefence-lawyer.ca reveals the secrets to successfully defend a person charged with serious Indictable Offences.
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Toronto, ON, Canada (prHWY.com) April 1, 2012 - Steven Tress, an experienced Criminal Lawyer in Toronto and author of "Key Factors That Make a Successful Criminal Defence Lawyer", recently stated, "Our Criminal Justice System becomes more complex as punishments for serious indictable offences become more severe. The importance of hiring an experienced Criminal Lawyer cannot be over-emphasised."

Steven points out that there are three "golden opportunities" to successfully dispose of serious indictable offences which are often missed:

- The Crown Pre-Trial

- The Judicial Pre-Trial

- The Preliminary Hearing

The Crown Pre-Trial is a private meeting between the Crown Attorney and Defence Counsel and is conducted after all the evidence against an accused person has been disclosed. The main focus of this meeting is usually to narrow the issues and come to an initial agreement as to how long the preliminary hearing or trial is likely to be. Also, the Crown may make an offer on an early guilty plea. However, Steven advocates that this could also be an opportunity to present the full defence at this meeting in order to persuade the Crown that there is no reasonable prospect of conviction. While some lawyers believe that the best arguments ought to be saved for the trial. Steven disagrees, "More often than not, a successful result can be won right then and there."

A Judicial Pre-Trial is a meeting held privately with a Judge, the Crown Attorney and Defence Counsel. The primary focus is to advise the Judge of the main issues in the case and determine the length of the preliminary hearing or trial for scheduling purposes. However, once again, there is an often missed opportunity for a Criminal Defence Lawyer to dispose of the charges. Presenting the full defence argument to the Judge at this meeting can have the benefit of a successful resolution without continuing to the preliminary hearing or trial.

A preliminary hearing is like a mini trial. The Crown Attorney must present its case in order to persuage a Judge that there is sufficient evidence to go to trial. These proceedings are similar to "discoveries" in a civil case and is often used by Defence Counsel to flesh out the evidence that may be used against the accused at trial. However, as the Crown witnesses are called to testify, the defence lawyer has an opportunity to cross-examine in order to expose weaknesses and inconsistencies in the Crown's case. Sometimes, the Crown may not even be aware of these weaknesses until after a skilful cross-examination by defence counsel, and may decide to either reduce or withdraw the charges. Other times, a Judge can be convinced that the case is too weak to proceed to trial and the charges can be dismissed at that point.

To learn more about how an experienced Criminal Lawyer in Toronto can successfully help people charged with serious indictable offences, visit http://toronto-criminaldefence-lawyer.ca

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Tag Words: criminal defence lawyer, criminal lawyer toronto
Categories: Legal

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