As a defendant in criminal proceedings, you have the right to a lawyer at all stages and stages of the proceedings, including the trial. In some situations, the state has the obligation to provide you with a brampton criminal law free of charge.
Right to a lawyer
You have the right to hire a defense attorney from the moment you are prosecuted or detained by the police. This means that you can now choose a lawyer in the pre-litigation phase of your case before the trial.
Your lawyer has the right to be present on various occasions during the pre-trial phase when you are involved in separate proceedings. For example, during your first interrogation during police detention and after you are arraigned, during a court hearing on your remand, or in any other investigative action in which you are taking part. If you do not have a lawyer during these actions, or if your lawyer is not available, you may need to be assigned a lawyer in some cases.
Your right to a lawyer continues at all stages and stages of the proceedings (all the while as you hold the status of detained, accused or accused). Only attorneys can protect you in criminal proceedings.
The state is obliged to provide you with a lawyer free of charge only if it is:
In the interest of justice
If you are unable to pay for legal aid alone
In such cases, human rights require that you be provided with a free lawyer to ensure that you are not in a worse position than the prosecution and that your participation in the trial is effective. Failure to do so may result in your right to a fair trial being violated.
You will be entitled to a lawyer if you have conflicting interests with your co-counsel, so without the assistance of a lawyer, you cannot participate meaningfully in the process.
According to the legislation, if you cannot pay for a lawyer, the state has an obligation to provide you with a lawyer. You may subsequently be ordered to pay the attorney’s fees.
If you have not been provided with a lawyer and you cannot really afford to hire one, you must ask the court to appoint you a lawyer for free. Even if you do, you will be able to complain about potential violations of your rights later in other national or international human rights institutions.
Lawyers should be able to provide legal assistance and protect you effectively. This means that you should be able to meet with your lawyer in private and to call or text him without supervision.
If your lawyer does not perform his duties properly, the court will not be responsible for that. In this case, you have the right to replace your lawyer or to request a new one when the lawyer is appointed by the state.