Question 1

What should you do if you are contacted by police and told that there is a warrant out for your arrest?

Accepted Answer

At times, police will notify you that there is a warrant for your arrest.  At this critical stage, it is important for you to exercise your right to remain silent and to obtain the name of the particular police officer involved, their badge number and contact number. In such a situation, it is important for you to reach out immediately to legal counsel so that arrangements can be made to surrender yourself into custody.  We urge you to contact Baran Buchler at 416-801-8799 or 416-577-9129 so that Randall Baran and Marcel Buchler can meet with you and attend with you in person, usually in the early morning hours, at the specific police division to facilitate you surrendering yourself into custody and thereby obtain an expedited release.

Question 2

What to say or not to say upon being arrested or detained?

Accepted Answer

In the event of an arrest or detention in Canada, it is your legal right to consult with a lawyer immediately. The law obligates the police to inform you of this crucial right, regardless of whether you are under arrest or detained. The importance of exercising this right cannot be overstated, as speaking with a lawyer can provide invaluable legal guidance and clarify additional rights that you may not be aware of, such as the right to remain silent.

Furthermore, a lawyer can assist in obtaining crucial information from police officers, including specifics about the alleged offence and any plans for a bail hearing. It is critical to understand that without legal advice, any statements that you make to the police could inadvertently harm your case.

Our criminal law firm offers round-the-clock 24 hour services, 7 days a week, with a commitment to respond to your calls promptly. By reaching out to us at 416-801-8799 or 416-577-9129, you will immediately be connected with a seasoned criminal defence lawyer boasting over 30 years of experience.

Our team includes Randall Baran and Marcel Buchler, both former Federal Prosecutors, who have dedicated their careers exclusively to the area of criminal law. They have an extensive track record of conducting numerous trials, both judge-only and judge-and-jury, at the Ontario Court of Justice and Superior Court of Justice levels as well as having appeared before the Ontario Court of Appeal.

By seeking their advice at the point of arrest or detention, you will safeguard against potentially self-incriminating statements that could be detrimental to you in the future. Additionally, they will gather pertinent information from you to prepare for a potential bail hearing, which could occur the day of your arrest or the following day.

As a leading criminal law firm in Canada, we encourage you to exercise your rights and seek immediate legal counsel in the event of an arrest or detention. Your rights are our priority and our team is here to provide the advice and support you need to navigate through the complex legal process.

Question 3

What happens upon being arrested or charged?

Accepted Answer

Upon being formally charged, you may either be released at the scene or at the police station, or you might be kept in custody pending a bail hearing. It is paramount that you promptly seek legal counsel in the case of arrest or detention. Police officers are legally obligated to inform you of your right to speak to a lawyer.

If you are released at the scene or at the police station, we urge you to immediately contact Baran Buchler at 416-801-8799 or 416-577-9129. Arrange a consultation with our legal secretaries to converse and/or meet in person with Randall Baran and Marcel Buchler. As highly experienced criminal defence lawyers with over 30 years of experience and prior roles as Federal Prosecutors, their early involvement in your case is vital. Like everything else, memories tend to fade over time, which makes it crucial for us to start preparing your case as promptly as possible, even prior to your initial court appearance.

If you are not released and remain in custody for a bail hearing, reaching out to Randall Baran and Marcel Buchler will ensure that you not only receive advice about your rights, including the right to remain silent, but also aid in gathering essential details, such as potential sureties (individuals who could sign your bail). Regardless of the time of arrest - be it during regular business hours, late at night or in the early morning hours - Randall Baran and Marcel Buchler will commence work on your case immediately to expedite your release on the same or next day.

Your bail hearing can either be on consent, signifying the Crown's agreement to release you under certain conditions, or contested, indicating the Crown's opposition to your release. Numerous factors influence the Crown's decision to consent to a release, including any outstanding charges, the severity of the charges, and your criminal record, if any.

Randall Baran and Marcel Buchler possess extensive expertise in negotiating consent releases with the Crown or, alternatively, conducting contested bail hearings to secure your release before a justice of the peace. Leveraging their wealth of experience can be instrumental in navigating these legal complexities and achieving a favorable outcome in procuring your release from custody.

Question 4

What happens after you are released?

Accepted Answer

Upon release from the police station or court following a bail hearing, you will be assigned a date for your initial appearance before a justice of the peace. When represented by Randall Baran and Marcel Buchler, your presence will only be required when absolutely necessary, sparing you from attending this first court appearance and subsequent ones.

The initial appearance holds significant value, as it provides us with specific details about your case, such as the particulars of the charge(s) and for us to obtain the Crown disclosure, should it be available. The Crown disclosure may encompass witness statements, police notes, certain notices, and reports, essentially outlining the case against you.

However, it is crucial to understand that the initial Crown disclosure may not necessarily provide a complete picture of the evidence against you. Randall Baran and Marcel Buchler will thoroughly review this disclosure with you and request additional disclosure from the Crown which is usually the case.

Upon receiving the Crown disclosure, Randall Baran and Marcel Buchler will arrange a meeting with you to discuss its contents and the costs associated with progressing to the subsequent legal phase, which includes conducting a Crown pre-trial. Entrusting your case to experienced professionals like Baran Buchler ensures a thorough understanding and analysis of the charges against you, paving the way for an informed and strategic legal defence.

Question 5

What is a Crown pre-trial?

Accepted Answer

A Crown pre-trial represents a formal discussion between Randall Baran, Marcel Buchler and the Crown Attorney. This conversation serves to address various issues, such as the potential existence of any outstanding disclosure. Importantly, it also facilitates negotiations aimed at resolving the charges in a manner most beneficial to you.

It should be noted that the decision to withdraw charges rests solely with the Crown Attorney who maintains absolute discretion in the matter. However, with the seasoned team of Baran Buchler criminal defence lawyers, you substantially increase your chances of reaching a favourable resolution expeditiously, thereby potentially avoiding the expenses and stresses associated with proceeding to trial.

Baran Buchler's extensive experience in criminal law positions them to present your case most effectively. They approach the Crown pre-trial equipped with not only your perspective of the incident but also relevant and influential case law that may assist the Crown Attorney in exercising their discretion favorably towards you. Trusting experienced professionals like Baran Buchler can significantly enhance your chances of a favourable resolution.

Question 6

What is a Judicial pre-Trial?

Accepted Answer

A Judicial pre-trial typically comes into play when your case cannot be resolved during the Crown pre-trial phase or when handling more serious cases. This process mirrors the Crown pre-trial, discussing potential resolutions and addressing any remaining Crown disclosure. The distinguishing feature of a Judicial pre-trial is the presence of a Judge who can provide guidance and insight in facilitating a resolution.

It is crucial to remember that the vast majority of cases do not proceed to trial and only a select few ever reach this stage. With over three decades of experience and backgrounds as former Federal Prosecutors, Randall Baran and Marcel Buchler are well-equipped to present your case optimally before a judge. A Judge's input can be instrumental in encouraging the Crown to examine its case from a different perspective or even suggesting a lack of a reasonable prospect of conviction should the case proceed further.

The representation by the experienced legal team of Baran Buchler, who are thoroughly prepared for the Judicial pre-trial, is essential to presenting your case in the best possible light. Avoiding unnecessary legal expenses associated with a trial is in your best interest if your case can be resolved favourably during the Judicial pre-trial stage, or even earlier at the Crown pre-trial. Our team works tirelessly to seek resolutions at these earlier stages, saving you time, stress and financial resources.

Question 7

What is a Trial?

Accepted Answer

A trial is initiated when your case cannot be resolved favourably at either the Crown pre-trial or Judicial pre-trial stages. The trial begins with the Crown presenting its case through the testimony of its witnesses. As your legal representatives, Randall Baran and Marcel Buchler will have the opportunity to cross-examine each witness called by the Crown. With over 30 years of experience as trial lawyers and former Federal Prosecutors, Baran Buchler have honed effective cross-examination strategies that can weaken the Crown's case against you while eliciting evidence beneficial to your defence.

Once the Crown concludes its case and presents its witnesses, you will have the opportunity to present your defence by calling witnesses, if you choose to do so. As the accused, you are not obligated to testify or even call witnesses. Well before a trial commences, Randall Baran and Marcel Buchler will confer with any potential witness you may wish to call to assess their suitability and effectiveness as a witness at trial. In addition, some cases require expert witnesses, such as medical practitioners, toxicologists and accident reconstructionists, and the importance of retaining experts is discussed well in advance of trial.

Many accused individuals are apprehensive about testifying. The legal team at Baran Buchler will make every effort to determine if the case can be won without the necessity of calling you or any other witness to the stand. It is essential to remember that the burden of proof lies with the Crown Attorney to demonstrate guilt beyond a reasonable doubt. You bear no such burden. At the trial's conclusion, a mere suspicion of guilt or even probable guilt will not result in a conviction. Instead, such a situation will lead to a verdict of acquittal. Trust Baran Buchler's seasoned expertise to navigate the legal complexities of a trial and work towards the most favourable outcome.