Understanding Your Rights After a Criminal Charge in Toronto

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Being charged with a criminal offence in Toronto can feel overwhelming and isolating, especially if it's your first experience with the legal system. However, it's crucial to remember that you have rights — and understanding them can make a significant difference in how your case unfolds. Criminal Lawyer Toronto like Andrew Captan ensures that these rights are fully exercised and protected from the moment you're charged.

The most fundamental right you have is the right to remain silent. If you're arrested or detained, you are not obligated to answer police questions. In fact, it’s often in your best interest not to speak until you’ve consulted with a lawyer. Anything you say can be used against you in court, even casual or offhand remarks. Remaining silent is not an admission of guilt — it’s a legal protection.

You also have the right to speak with a lawyer without delay. This is guaranteed under Section 10(b) of the Canadian Charter of Rights and Freedoms. Police must give you the opportunity to contact a lawyer immediately after arrest, and they cannot continue questioning you until you've had that chance. Andrew Captan strongly advises that you use this right — and contact a criminal lawyer who can guide you through what to say (or not say) in those critical early moments.

Another important protection is the right to be presumed innocent until proven guilty. This means the burden of proof lies with the prosecution. You do not have to prove your innocence — the Crown must prove your guilt beyond a reasonable doubt. A skilled criminal lawyer like Andrew builds your defence by scrutinizing the evidence, exposing flaws in the prosecution’s case, and holding them to the high legal standard required.

You also have the right to a fair and timely trial. Delays can negatively impact your ability to defend yourself. Andrew Captan ensures that your case progresses without unnecessary delay and challenges any breaches of your right to timely justice, which could even lead to charges being stayed in some cases.

Understanding your rights also includes knowing what to expect at each stage — from arrest and bail to disclosure and trial. Andrew walks his clients through the entire legal process, making sure they’re informed and empowered at every turn.

Having your rights respected is not automatic — you need someone in your corner to defend them. With Andrew Captan as your Toronto criminal lawyer, you’ll have a strong advocate who makes sure the legal system works fairly for you, not against you.

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