FAQS

How can I afford my Legal Fees?

Criminal cases can be extremely complex and difficult to predict making financing an added stress for you and your family. In order to assist you, we offer a number of payment options that can reduce the stress of financing. All of the lawyers at 30 Queen St require a retainer fee that covers the initial steps of the process and allows us to determine the legal avenues available to you.

Once your lawyer has determined...

Do you take Legal Aid Cases?

The lawyers at 30 Queen Law Offices believe that everyone, regardless of financial situation, deserves an excellent defense to their criminal charges. For that reason, we will take on your case if you qualify for Legal Aid funding. Legal Aid eligibility is based on gross income and family size. Additional considerations include assets and debts.

To see if you qualify for Legal Aid, please visit Legal Aid Ontario. (http://www.legalaid.on.ca/ ...

Can a Police Officer just come to my door?

Any person, including a police officer, has your implied consent to walk onto your property for the purpose of communicating to you at your front door. If the police have a legitimate reason for communicating with you, such as responding to a call or seeking information for an investigation, then there is nothing wrong with this.

You have no obligation to answer the door when the police come knocking. There is also no obligation to speak...

Can the Police Enter my Home when they want?

The police or other law enforcement authorities can only lawfully enter your home under certain circumstances – otherwise they are the same as any trespasser. The home is seen under our law as the most private place, but there are exceptions to your protection against police intrusion.

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What happens if I invite the Police into my Home?

The police may come to your door to speak with you and in the process ask if they can come inside. You do not have to let them enter, but they are allowed to under law if you allow it. If you are not sure whether to grant this permission, contact your lawyer before making this decision.

Giving the police permission to enter your home is not the same as giving them permission to search...

What if the Police have a Search Warrant?

A search warrant is a judicial authorization to enter and search a place for evidence of a crime. They are often used for the search and seizure of illegal drugs or firearms, but may be related to a search for evidence of any crime. It may authorize the police to enter at night, and it may authorize the police to use force in making their entry.

Police can detain the people found in the home while...

Are there any exceptions to the above?

Police officers may be entitled to enter your home to pursue a fleeing suspect, even if the suspect is entering a home that is not his own. Or they may have grounds to believe that entering a home is necessary to prevent the destruction of evidence of a serious crime. Some examples would include a “Hot Pursuit”, which may include a drunk driver pursued by police who pulls into his driveway and runs into his...

Can the Police look through my Backyard or Garbage?

Your gated backyard is also a private place, and police must obtain a warrant to search it. However, the trash that you leave on your driveway is not private. Once you leave trash out to be collected, you give up your privacy in the contents, meaning that police are as free as the garbage man to pick it up and take a look inside.

Whatever the case, contacting a lawyer directly for legal advice at the...

Can the Police just pull me over while driving for no reason?

The police are legally able to investigate certain issues in almost all driving situations. Unlike other situations, the police do not need grounds to believe that your licence, insurance or registration documents are not up to date in order to pull you over to investigate these issues. The rationale for this is that driving is not a right, but a privilege, and the power for a stop of this kind comes from the Highway Traffic...

What can the Police do when I am pulled over?

If you are pulled over, the Police have the right to request proof of licensing, insurance, registration and the safety of your car. They DO NOT have the right for a wholesale search of your car or an investigation into the identity of your passengers without a reasonable suspicion or belief that they are involved in a criminal offence.

If the police are asking or demanding that you let them search your car, ask why you...