The cost to hire a criminal lawyer in Kitchener will be determined by what needs to be done legally with your case. Preparing for and attending either a bail hearing, a guilty plea or a contested criminal trial will differ.
There is not a set cost for all criminal cases in Ontario. How much it will cost is going to be based on what your specific requirements are and the agreement with your lawyer.
If you are facing charges, a criminal defence lawyer in Kitchener can review your circumstances and explain which stages of the proceedings may require legal representation.
Understanding the work involved at each stage can help you ask more specific questions about criminal lawyer fees.
How Does the Type of Criminal Proceeding Affect Legal Fees?
All criminal cases do not entail the same amount of legal process. There are some cases that consist of one single hearing, but there are other cases that go through several court hearings before they are concluded or brought to trial.
The point when you choose your lawyer could be relevant to the services you need.
Bail Hearing Representation
The bail hearing is where the decision is made whether the accused should be released during their ongoing criminal case, and under what terms.
In the preparation of the case before a bail hearing, a lawyer could:
- Review the allegations and available information.
- Discuss a proposed release plan with the client.
- Communicate with potential sureties, where appropriate.
- Consider proposed release conditions.
- Prepare submissions for the hearing.
- Attend court and represent the accused.
How much preparation is needed depends on what kind of allegation there is, how the Crown sees things, and the plan for the bail release.
Sometimes the bail hearing process happens relatively fast, other times it may need extra preparation.
The Ontario Court of Justice’s criminal court information provides information about criminal proceedings, including bail and other court processes.
Guilty Plea and Sentencing Representation
Prior to an accused pleading guilty, there are matters such as allegations, disclosure and resolution which can be reviewed by the lawyer before providing advice on legal consequences.
The task may include consultations with the Crown, review of the agreed facts and explanation of sentencing possibilities.
In the event that the client pleads guilty, the lawyer can write up the submissions based on the sentencing factors.
This may entail reviewing any documentation such as employment, treatment, reference letters, and others as needed.
Pleading guilty has to be voluntary and with knowledge of the consequences.
The level of preparation will depend on the circumstances and issues involved at sentencing.
Criminal Trial Representation
A contested criminal trial generally requires more extensive preparation than a routine court appearance.
Trial preparation may include:
- Reviewing Crown disclosure and identifying disputed evidence.
- Researching relevant criminal law and evidentiary issues.
- Preparing cross-examination questions.
- Reviewing witness testimony and documentary evidence.
- Preparing legal arguments and trial submissions.
- Attending trial dates and responding to developments in court.
Some trials may have just a few witnesses while others may take several days of hearings or more legal proceedings.
Witnesses, evidences, and complexity of the claims may influence the workload of the lawyer.
The Department of Justice Canada’s criminal justice resources provide background information about criminal proceedings and the Canadian justice system.
A lawyer should explain the anticipated scope of trial representation before you agree to the services.
Can You Hire a Criminal Lawyer for Only Part of Your Case?
In some cases, there will be an agreement on the part of the criminal lawyer that they can give their legal representation only for a portion of the criminal process.
Limited-scope representation is the term used to refer to such an agreement.
A client may seek help with a specific hearing or a specific legal task without necessarily hiring the lawyer for all the aspects of the case.
But limited-scope representation is not suitable for all criminal cases. Before agreeing to limited representation, clarify:
- Which specific services will the lawyer provide?
- Which court appearances will you remain responsible for?
- Who will communicate with the Crown?
- What happens when the agreed services are completed?
- Will further representation require a new agreement?
The Law Society of Ontario’s Rules of Professional Conduct establish professional requirements concerning legal representation, competence, and client relationships.
Limited representation may reduce the services being purchased, but it does not eliminate the legal risks or responsibilities associated with the criminal case.
How to Discuss Criminal Defence Fees before Hiring a Lawyer
In making inquiries about the costs charged by criminal lawyers in Kitchener, provide details of the progress of the case.
This includes informing the lawyer if you are awaiting a bail hearing, looking at a proposed settlement, or ready for the trial.
Also, indicate when your next court date will be held and any time constraints you may have.
Get the lawyer to explain exactly what is entailed in the legal services that he or she is prepared to offer.
Do not base yourself purely on an estimation of the cost until you know what will be done legally.
Frequently Asked Questions
Does a Bail Hearing Have a Separate Legal Fee?
It can be. Some criminal lawyers provide separate legal representation for bail proceedings, while some include their bail services as part of an overall package. It all depends on the lawyer and the legal services provided.
Does a Criminal Trial Cost More Than a Guilty Plea?
An argued criminal case is one that takes much longer time in terms of preparation and court proceedings compared to a guilty plea. But then again, the cost will be determined by how complex the case is.
