What to Expect
Working with
Sitar & Milczarek
Beginning with our first conversation, we start to develop your best defence strategy. We will take care of every legal concern in your criminal defence and put you in the best possible position to win.
Sitar & Milczarek provides you with the support, advice, and representation you need at every stage of the criminal defence process. From the initial contact we start to develop your best defence to the charges you are facing.
Initial Contact
As this is likely the first time you’ve connected with Sitar & Milczarek, we will spend some time finding out what has happened and will quickly determine if we can help. If you need immediate legal advice (e.g. you are under arrest or police have called you in for an interview), we will discuss how to deal with your situation. Then, if we feel like the right firm for you, we will discuss the next steps.
Retainer for Legal Services
At this point we will be able to estimate the fees that will be required to advance your best litigation strategy. The fees for our services will be covered under an hourly or fixed sum retainer, depending on your specific situation. A portion of the retainer will be required initially to allow us to become your legal representatives. The remaining fees and disbursements will be due at specific milestones throughout your legal proceedings. Don’t worry though, we’ll keep you informed throughout.
Assessment and Legal Strategy
Once we fully understand the situation surrounding your criminal charges and you have retained us, we’ll begin discovery and look to obtain an understanding of the evidence collected against you. Our team will then work together to determine the best strategy for dealing with your specific case.
Motions, Filings and Court Appointments
As one of our valued clients, we’ll look after you throughout all of your criminal proceedings. This includes our team creating and filing motions, corresponding with the Crown and appearing on your behalf at court when appropriate. We will look after all the details and keep you informed throughout the process. We will prepare you for the process and position you to succeed in your litigation.
The Legal
System in Canada
In Canada, criminal prosecutions start with police charging someone. That person is then arrested, at which point they have the right to contact a lawyer. Next, the accused is released from police custody or is held for a bail hearing. In the weeks that follow, the Crown Prosecutor must provide the accused with the information police gathered during their investigation. Once the accused has had an opportunity to review that material, they decide whether to plead guilty or schedule their matter for trial. At the end of a trial, an accused may be acquitted or convicted. If convicted, an accused may choose to appeal.
Contact with Law Enforcement
There are many ways that people come into initial contact with police. Most often they are either called to come in for an interview or they are detained or arrested. At the point of detention, a person has a right to speak with a lawyer without delay. That is where our services can begin. Legal advice at this stage is often crucial.
Bail
Often people are not released by the police either due to their criminal history or due to the serious nature of their charges. At this point, the accused must convince a judge that they should be released despite the prosecution’s request to keep them detained until the conclusion of their court process.
Trial or Guilty Plea
After resolving the issue of bail, an accused person must decide whether they will plead guilty or not guilty. In either circumstance, they need to prepare to convince a judge of their position.In a trial, the accused must cross-examine prosecution witnesses and mount a legal argument to support a not guilty verdict. In a guilty plea or sentencing after trial, the accused must convince a judge that the sentence they propose is a sufficient punishment for their crime.
Appeal
Note on Financial Assistance
Our Firm understands that, in today’s economy, many individuals are struggling to make ends meet. Given the inadequate funding provided for Legal Aid Alberta, many deserving Albertans are forced to face the full power of the state without legal representation.
If you have been denied Legal Aid but cannot afford to retain a lawyer privately, contact our firm to see if we can help.