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Don't Let Criminal Charges Ruin Your Life.
We understand how stressful and uncertain facing a criminal charge can be, especially when your life—and potentially your livelihood—is on the line. Nick Cake has the expertise to successfully defend you.
He commits to:- Carefully review your case to determine if the State can prove the charges against you. Sometimes, they simply can’t.
- Stand by your side and explore every available defense to protect your rights. If there’s a defense, we will find it.
- Represent you fully against the State, prosecutors, and law enforcement, understanding the seriousness of criminal charges and the potential consequences they carry.
- Take every necessary step to protect your freedom, your reputation, and your future.
- Keep you informed at every stage, ensuring you understand your best options clearly and can make the right decisions for your defense.
- Defend you with our full effort and expertise, treating your case with the care and attention it deserves.
- Fight tirelessly for the best possible outcome because we know what’s at stake for you, your family, and your life.
You are innocent until proven guilty.
In Canada, you are innocent until proven guilty. And proving someone’s guilt in a court of law is not as easy as you might think. To prevent innocent people from being convicted, a strict set of rules and procedures governs criminal trials. These rules and procedures are there to protect you. If you are facing criminal charges, do not assume that you will be convicted. For the professional help that you need in the Sarnia area, contact an experienced criminal defence lawyer Nick Cake.
The burden of proof.
The burden of proof is on the prosecution, not you. You do not have to prove your innocence. A criminal charge is an unproven accusation. Sometimes accusations cannot be proved, in which case the charges must be dismissed.
What does the prosecution have to prove?
Criminal law is complex. The prosecution is required to prove each element of the offence for each charge against you, including:
Identity: the prosecution must prove that it was you who committed the crime. Sometimes this can be impossible to prove, and the charges must be dismissed.
Jurisdiction: Does the court have jurisdiction over both you and the charge? For example, a theft charge allegedly committed in British Columbia cannot be tried in an Ontario court.
Time frame: Was the charge laid before the expiration of any limitation period? Some charges must be laid within a certain period of time, or they cannot be laid at all.
Was what you did a crime? For example, if you purchased what you believed to be an illegal drug and the police charged you with possession if it turns out that the seller sold you something that merely looked like a drug, then you were not in possession of an illegal substance. For each charge, there will be specific facts that the prosecution must prove. Nick Cake will explain to you which specific elements the prosecution must prove in your case and will provide you with an assessment regarding the prosecution’s chances of success. This type of analysis will allow you to make a fully informed decision about the best way to proceed and how to obtain the best possible outcome in your situation.
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