FREQUENTLY ASKED QUESTIONS
We will continue to add to this section of our website to include answers to questions that we often encounter from our clients or the general public.
DISCLAIMER: Please note that the answers outlined below are only general information on different areas of law that may not be applicable or suitable to your individual situation. THIS IS NOT LEGAL ADVICE. To discuss your particular matter please contact our office for a consultation with a lawyer, as many different factors have a bearing on the actual legal solution that would be best in any given situation.
CRIMINAL LAW
The Police are calling me, I may be charged with a Criminal Offence, should I be talking to them?
The Laws of Canada give you the right to remain silent. In most cases, you would do well to use it. You are only required to provide the Police with your correct name. Unless you have spoken to a lawyer before hand, it would be advisable to remain silent. Anything that you communicate to the Police may be used as evidence against you.
If I am charged with a Criminal Offence, what are my rights?
First and foremost, you have a right to remain silent. Secondly, you have a right to retain a lawyer of your choice to defend you. Thirdly, you have a right to know the Crown’s case against you. Lastly, you have a right to a fair trial before a Court of Law.
Who proves that I am guilty?
The burden is on the Crown Prosecutor to prove in a Court of Law, beyond a reasonable doubt, that you are guilty of committing the offence that you are charged with (or a lesser included offence).
Will I know what Evidence (or proof) the Crown Prosecutor has against me?
The Crown prosecutors are obligated by Law to disclose all the evidence that they have with respect to the charges against you. Your lawyer will be better equipped to know if proper and full disclosure has been made by the Crown Prosecutor, as this is a very crucial factor in building you defence.
How can the lawyers at Singh & Partners LLP help me?
Before the trial...
- We will help you understand the charge, possible penalties and what your options are and prepare you for your first court appearance.
- We will find any weaknesses in the Crown’s case. Research legal points and review all disclosed documents: police officers’ notes, pictures, audio/video tapes, medical and expert reports.
- We will seek a quick, fair resolution to your case. Meet with the Crown Attorney and attend a possible judicial pre-trial to plan the disposition of your case.
- We will provide information to help you decide how to plead - a legal opinion regarding the risk of penalties after a trial versus an early guilty plea.
If you decide to plead guilty...
- We will seek the best sentencing outcome by presenting the best picture of your character and personal circumstances.
If you are going to trial...
- We will develop a defence strategy. Complete research, prepare the “theory of the defence” and review it and other options with you.
- We will prepare you for court appearance and possible testimony. Provide tips regarding dress, decorum and cross-examination.
- Once the court date arrives, we will reassess the Crown’s case and possible outcome based on actual trial participants.
- We will clearly and forcefully defend your case with thorough cross-examination of Crown’s witnesses, leading your evidence and delivering closing arguments.
WILLS & ESTATES
Do I need a Will?
In short, if you own property of any kind and/or you have children, you should have a Will. A Will lets you decide who gets what, from the assets (property, money, vehicles, investments etc.) that you have acquired during the course of your life. Furthermore, if you have children under the age of 18, a Will also gives you the opportunity to name a guardian and state your wishes as to who should look after your children after you die.
What happens to my Property if I die without a Will?
If you die without a Will, your property will be divided amongst your family (depending upon who survives you) as per applicable Provincial Law. Apart from the fact that the property may not get divided amongst your family as you may have desired, it is also very costly and time consuming to get your property into the hands of the people who the Law decides should get it.
What is an Estate Plan?
An Estate plan is a comprehensive plan to ensure that after your death your property gets into the hands of your loved ones without the least possible risk or burden of taxation, dissipation of assets, and protection from creditors etc. Depending upon your individual circumstances it may be a very simple Will with some adjustments on how you currently hold your property or it require the use of very complex structures of Trusts coupled with other tools to achieve your desired results.
How can the law firm of Singh & Partners LLP help me?
We can help you, by firstly understanding the goals that you want to achieve with your Estate Plan. We will then suggest an appropriate plan to suit your requirements. We will work with Professionals in other fields like Accounting and Insurance to devise a comprehensive plan for you. We will ensure that the property goes to the loved ones that you decide should get the property at the time that is appropriate for that particular loved one. We will further ensure that all of this is achieved with the least possible amount of tax burden and the maximum possible protection from your creditors.