Criminal Defence FAQs
Allen Goldin
Answers You Can Rely On
During Uncertain Times
Your Most Pressing Questions, Answered with Clarity and Care
These are the questions people most often ask Allen Goldin after a criminal charge in British Columbia. Allen is a criminal defence lawyer with offices in Abbotsford and downtown Vancouver, and he takes cases in courts from Vancouver to Chilliwack. The answers below are general information about how the criminal process works in BC, not legal advice for your situation. Every case turns on its own facts, so call 778-251-9391 to talk about yours.
01.
What should I do if I'm arrested or police want to talk to me?
Stay calm and be polite. You have the right to remain silent and the right to speak with a lawyer without delay, and police must tell you about both. Ask to speak to a lawyer before answering questions about the allegation, and don’t discuss the case on the phone from the police station or with friends afterwards. Call Allen at 778-251-9391, whether you’re dealing with police in Abbotsford or Vancouver.
02.
What happens at a bail hearing in BC?
After an arrest, police either release you with conditions or hold you for a bail hearing. At the hearing, a judge or judicial justice decides whether you can be released and on what conditions, such as no contact with certain people or staying away from an address. Outside regular court hours, BC bail hearings are held by video through the Justice Centre. A lawyer can propose a release plan and argue for conditions you can actually live with. See the charges Allen defends.
03.
What happens at my first court appearance?
Your release paperwork lists a date and a courthouse. In Abbotsford, that’s the Abbotsford Law Courts at 32375 Veterans Way. The first appearance is usually short: the charge is confirmed, disclosure of the evidence is arranged, and the case is put over to a later date. For many charges your lawyer can appear for you, so you don’t have to miss work. More on criminal cases in Abbotsford.
04.
How much does a criminal lawyer cost in BC?
It depends on the case. Most cases start with an initial fee for detailed advice on your legal position and options, followed by a fee for the option you choose. Most clients prefer a fixed fee for each stage, such as trial or sentencing, and with a fixed fee you aren’t billed for phone calls or emails. Larger cases can be billed hourly from a retainer, and payment plans are available where needed. Contact Allen for a quote.
05.
What should I bring to my first meeting with Allen?
Bring your release paperwork (an appearance notice, undertaking or release order), any other court documents, your bail conditions, and any notes you’ve made about what happened. If police seized property or gave you a receipt, bring that too, along with a list of your questions. The more Allen can see, the more useful the first meeting will be. Book a meeting.
06.
What is the difference between a summary and an indictable offence?
Canada doesn’t use the US terms misdemeanor and felony. Summary conviction offences are the least serious charges and carry lower maximum penalties. Indictable offences are more serious. Many offences are “hybrid”, which means Crown counsel chooses which way to proceed; sexual assault is one example. How the Crown proceeds affects the possible penalty, which court hears the case, and later, how long you wait for a record suspension. Read about sexual offence charges.
07.
Should I accept a plea deal?
Only once you’ve seen the disclosure and understand the evidence against you. A plea resolution can make sense when the Crown’s case is strong and the offer avoids a criminal record or reduces the penalty, but the decision is always yours. Allen will review the evidence, explain the likely outcomes at trial, and tell you honestly whether an offer is worth taking. See the practice areas.
08.
What are the three levels of assault in Canada?
The Criminal Code sets out three levels. Common assault covers applying force, or threatening to, without consent. Assault with a weapon or causing bodily harm is more serious. Aggravated assault, the most serious, involves wounding, maiming, disfiguring or endangering someone’s life. Sexual assault has its own separate levels. The level charged affects bail, the possible sentence and how the case is defended. Learn about assault charge defence.
09.
Can domestic assault charges be dropped?
Not by the complainant. In BC, once police forward a domestic assault report, Crown counsel decides whether the charge goes ahead, even if the complainant wants it dropped. Charges can still be stayed or resolved, for example through a peace bond, depending on the facts. Contacting the complainant to talk about the case can breach your bail conditions, so leave that to your lawyer. Read about domestic assault defence.
10.
How are drug trafficking charges defended?
It depends on the evidence. Common issues are whether the search of your car, home or phone was lawful under the Charter, whether you actually knew about and controlled the drugs, and whether the amount, packaging or messages really show trafficking rather than personal use. If a search was unlawful, key evidence can be excluded from the case. See drug charge defence.
11.
Will a charge give me a criminal record, and for how long?
Only a conviction creates a criminal record. If charges are withdrawn or stayed, or you’re acquitted, there’s no conviction. A discharge means you’re found guilty but not convicted: an absolute discharge is removed from RCMP records one year after sentencing, and a conditional discharge after three years, though it’s worth checking the record was actually purged. A conviction stays until you get a record suspension. See the practice areas.
12.
Do charges show up on a criminal record check?
It depends on the type of check. A certified criminal record check, done with fingerprints through the RCMP, looks for convictions. A police information check, which employers and volunteer groups often ask for, can also show outstanding charges and other police information. If your case is still open, talk to your lawyer before applying for a job or volunteer role that needs a check. Ask Allen.
13.
How can I clear my criminal record in Canada?
Through a record suspension, still often called a pardon, from the Parole Board of Canada. You can apply after a waiting period that starts once your whole sentence, including fines and probation, is complete. A suspended record is kept separate from other criminal records, which helps with job and volunteer checks. Allen can advise on whether you’re eligible. See the practice areas.
14.
Can I leave Canada if I've been charged?
It depends on your release conditions. Bail or undertaking conditions sometimes require you to stay in BC or hand in your passport, and breaking them is a new charge. Even without that condition, crossing into the United States with a pending charge can lead to questions or refused entry, so get advice before you travel. More on cases in Abbotsford.