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Serving Hamilton and the Greater Toronto Area on Ontario legal matters 905-525-0400
Lawrence J. Cohen, K.C.  |  Joshua S. Cohen Barristers & Solicitors  ·  Hamilton

Practice Area

Criminal Defence

Timely advice, careful preparation and a defence focused on the evidence and the law.

Discuss a Criminal Matter
Lawrence J. Cohen, K.C. and Joshua S. Cohen

Being investigated, arrested or charged can affect liberty, employment, family life, travel and reputation. The process may move quickly, and early decisions can matter.

Lawrence and Joshua advise and represent people facing criminal allegations. We review the charge and disclosure, explain the process and available options, identify legal and evidentiary issues, and develop a defence strategy suited to the circumstances.

Every person charged with an offence is presumed innocent until proven guilty according to law. The prosecution bears the burden of proof. A defence should be built through careful review rather than assumptions about the allegation.

Criminal defence services

  • Advice during an investigation
  • Representation after arrest or charge
  • Bail hearings and release issues
  • Review of disclosure
  • Crown pre-trials and resolution discussions
  • Judicial pre-trials
  • Charter issues and pre-trial motions
  • Trials
  • Guilty pleas and sentencing submissions where appropriate
  • Breach and administration-of-justice allegations
  • Advice about the collateral consequences of a charge

If you have been arrested or detained

You have the right to retain and instruct counsel without delay and to be informed of that right. Tell the police that you wish to speak with a lawyer. Obtain advice before deciding whether to answer questions beyond information the law requires.

If you are subject to release conditions, read them carefully and comply with them. A disagreement with a condition does not authorize a breach. Legal steps may be available to seek a change.

Understanding the case

The first stage of a defence often involves:

  • confirming the exact charges and court date;
  • obtaining and reviewing disclosure;
  • hearing the client’s account in detail;
  • identifying missing evidence or investigative steps;
  • assessing identification, credibility, admissibility and Charter issues;
  • considering direct and collateral consequences; and
  • deciding whether the appropriate path is resolution, an application or trial.

Resolution and trial

Some cases can be resolved through withdrawal, diversion, a peace bond, a plea to a different allegation or sentencing submissions. Whether a proposed resolution is appropriate depends on the evidence, available defences, consequences and the client’s instructions.

Where the charge is contested and no acceptable resolution is available, the defence must be prepared for trial. That includes testing the prosecution’s evidence, advancing admissible defence evidence where appropriate and making legal submissions based on the record.

What to bring to the first meeting

  • Charging documents, release papers and court notices
  • The next court date
  • Any disclosure already received
  • A chronology of events
  • Names and contact information for potential witnesses
  • Relevant messages, photos, video or documents
  • Information about employment, immigration, licensing or family consequences
  • A list of current release conditions

Do not alter, delete or post about potential evidence. Preserve it and obtain advice about how it should be handled.

Common questions

What the process should provide

  • A focused assessment of the position and available evidence
  • Practical advice about choices, timing and procedure
  • Preparation suited to negotiation, completion or court
  • Direct communication about uncertainty, cost and the next decision
Should I speak to the police?

The answer can depend on the circumstances. If you are detained or arrested, state that you want to speak with a lawyer and obtain legal advice before deciding whether to answer investigative questions.

What is disclosure?

Disclosure is the information the prosecution provides about the case, subject to legal rules and exceptions. It can include notes, statements, recordings, photographs, reports and other material. Reviewing disclosure is central to understanding the allegation and potential defence.

Does being charged mean I will have a criminal record?

No. A charge is an allegation, not a finding of guilt. The outcome and any record consequences depend on how the matter is resolved and the applicable law.

Can release conditions be changed?

Sometimes. A change may be possible with proper consent or through a court application. Until a condition is formally changed, it must be followed.

How quickly should I contact a lawyer?

As soon as reasonably possible. Early advice can help with police contact, bail, evidence preservation, court dates and decisions that arise before the full case is known.

Put the next decision into focus

Describe the legal question, transaction or dispute and the decision you are facing. We will advise whether the matter is within our practice and what information may be useful for an initial discussion.

Request an Appointment

Get advice before the next step

Contact Lawrence or Joshua promptly if you are being investigated, have been arrested or are facing a criminal charge.

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