Experienced criminal defence lawyer in Hamilton. Facing criminal charges? Talk to us first. Free consultation. Don't plead guilty!
Let Hamilton lawyer Frank Genesee help you.
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 Hamilton area, contact experienced criminal defence lawyer Frank Genesee.
You are innocent until proven guilty.
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.
Frank Genesee 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.
What situations can Frank Genesee help you with?
Police investigations: Do not wait until you have been arrested. Contact Frank Genesee right away and find out what to do next if:
- You’re suspected of committing a crime.
- You’re the subject of a police investigation.
- The police have contacted you.
Bail hearings: If you’ve been arrested, don’t attend your bail hearing alone. You reduce your chances of being released on bail if you don’t have a lawyer to represent you at your hearing. And you will find it more difficult to successfully deal with the charges that you are facing if you are detained pending your trial.
Crimes of violence : You should get help from a criminal defence lawyer right away if you are charged with any violent crime, ranging from common assault to murder. The consequences of conviction are too great to attempt to handle these charges alone.
Domestic assault : Crimes of violence between parties who have a domestic relationship are treated particularly harshly by the criminal justice system. Be aware of the potential consequences of conviction.
Impaired driving (DUI): This is one of the most common criminal charges laid and it has some of the most severe penalties. Just because you have been charged, does not mean that you will be convicted. Follow this link to learn more about impaired driving/dui.
Drug charges: Charges may include possession, cultivation (grow ops), trafficking and importing prohibited substances.
Sexual offences : Charges may include sexual assault, prostitution, engaging a prostitute and possession or distribution of child pornography.
Weapons offences: Carrying or using a weapon can be a criminal offence in itself or it can increase the seriousness of other charges.
Financial offences: This may include fraud, theft, identity theft and credit card skimming.
Property offences : Can include theft, robbery, burglary and home invasion.
No matter what charges you face, Frank Genesee can make a positive difference in the outcome of your case. Call Frank Genesee today at (519) 491-0933 and have your case reviewed for free.
No matter what the charge, Frank Genesee can make a difference in the outcome of your case. Call Frank Genesee today at (519) 491-0933 for a free review of your situation.