Becoming a lawyer, let alone a criminal attorney involves spending sleepless nights and putting in the hard yards in the academic circle for several years.
Once a lawyer has the necessary academic qualifications, they must create a client base and start practicing under senior lawyers to become experts. That’s why hiring an experienced criminal lawyer for a trial is recommended because they know the criminal justice system inside out.
This guide discusses some lesser-known facts about criminal lawyers and what makes it a challenging profession.
Fast Facts About Criminal Law Specializations
1. Court Of Law
A lawyer specializing in criminal defence will help fight your case in the superior court or provincial court based on the severity of the crime. The superior court is known by different names in each province, such as the Ontario Superior Court of Justice or the Supreme Court of British Columbia.
The criminal lawyer presents your case in the superior court before taking it to the Court of Appeal if needed. But for Appeal hearings, there are no juries or witnesses, with lawyers presenting their case before a 3-judge bench who determine the outcome.
2. Types Of Criminal Lawyers
Criminal lawyers in Canada either serve as defence lawyers or work for the government. Lawyers working for the government are known as Agents of the Crown, and it’s their job to prove that the accused is guilty beyond question.
Countering them are defence lawyers aiming to prove that the Crown doesn’t have a case for prosecuting the accused beyond reasonable doubt. Some of the arguments put forth by a defence lawyer include –
- Referring to the Canadian Charter of Rights and Freedoms, if they were violated
- Countering admissibility of evidence put forth by the Crown
- Finding loopholes in the evidence to nullify the arguments
3. Zombies And Traffic Offences
There are a set of provisions in Canada’s criminal justice system that are no longer in use, known as zombie provisions, and are yet to be amended. Also, many traffic cases fall under the ambit of criminal cases and are dealt with similarly.
So, the next time you are caught breaking a traffic rule, don’t take it lightly!
4. Prevalent Laws
The Federal Criminal Code Of Canada determines the governing criminal laws, with details about procedures, length of sentences, and rules of conviction. Experienced criminal lawyers further know that you can be convicted for additional crimes under provincial and state statutes, provided they are in accordance with the criminal code.
Some of these offences include –
- Highway offences
- Crimes against the environment
- Immigration offences
Conclusion
It won’t be an exaggeration to say that having an experienced criminal lawyer will increase the chances of winning a case because they are well-versed with the prevalent laws.
Moreover, all criminal lawyers undergo rigorous training and have to complete a Bachelor’s degree or Juris Doctor, which are 3-year programmes. And in the first year at law school, students are introduced to various branches of the law before choosing their specialization.
So, if you are accused of a crime, get in touch with a criminal defence lawyer because they know what it takes to win a case!
