From Arrest to Appeal: Explore the Stages the Best Criminal Lawyer in Brampton Handles

dhindsalaw
Jul 21
5 min read

As Navdeep Dhindsa from Dhindsa Law, my role as a criminal defence lawyer isn't restricted to the four walls of a courtroom during a trial. From the moment someone is arrested to the complex process of an appeal, my team and I are dedicated advocates, guiding our clients through every challenging stage of the Canadian criminal justice system. If you or a loved one are encountering criminal charges, you're likely grappling with questions: "What happens after an arrest?" "How long does a criminal case take?" or "What does a criminal attorney do at each step?"

I understand that criminal justice can feel overwhelming, like a labyrinth of processes and legal jargon. My objective at Dhindsa Law is to demystify this journey for my clients. Thus ensuring their rights are protected, and they have the strongest possible defence at every turn. Let me guide you through the different stages at which the best criminal lawyer in Brampton becomes an indispensable ally.

Understanding the Criminal Justice Journey: An Overview

The criminal justice process is a series of interconnected stages. Each with its legal complications and critical junctures. From the initial police investigation to potential appeals, every step presents opportunities for a skilled Brampton criminal lawyer like me to intervene, challenge, and strategize on your behalf.

Skipping any stage or attempting to navigate it without professional guidance can have severe, long-lasting consequences.

Understanding the Criminal Justice Journey: An Overview

Skipping any stage or attempting to navigate it without professional guidance can have severe, long-lasting consequences.

From Arrest to Appeal: The Stages a Top Criminal Lawyer Handles

Here's a breakdown of the critical junctures where my expertise, and that of my legal team at Dhindsa Law, is vital:

1. The Initial Arrest & Police Investigation

This step is the first point of contact with the legal system, and it's a terrifying moment. My involvement begins immediately.

Right to Counsel (Section 10(b) Charter Right):

As soon as you are arrested or detained, you have the right to speak with a lawyer, such as myself, without delay. I always advise clients to exercise this right immediately and remain silent until they've spoken with a lawyer. Your words can and will be used against you.

Police Questioning:

I will advise you on how to interact with the police, ensuring your Charter rights against self-incrimination are protected. I assess the legality of searches, seizures, and the overall conduct of the police. Any breach of your rights can lead to critical evidence being excluded later.

2. The Bail Hearing (Judicial Interim Release Hearing)

If the police do not release you, you'll have a bail hearing within 24 hours (or as soon as practicable). This hearing determines whether you'll be released from custody while your case proceeds.

Advocacy for Release:

As the best criminal lawyer in Brampton, my priority is to secure your release on the least restrictive conditions possible. I argue for your release based on the "ladder principle," addressing the primary grounds (ensuring your court attendance), secondary grounds (public safety), and tertiary grounds (maintaining confidence in the administration of justice).

Negotiating Conditions:

I work to set reasonable bail conditions that you can realistically meet. Thus avoiding terms that could lead to further charges for breach of conditions.

3. Disclosure Review & Case Assessment

Once formal charges are laid, the Crown Prosecutor is obligated to provide the defence with all the evidence they have collected against you – this is known as "disclosure."

Meticulous Evidence Review:

My legal experts and I tenaciously review police reports, witness statements, video surveillance, forensic reports, and any statements you may have made. As a Brampton criminal lawyer, I look for inconsistencies, flaws in the Crown's case, and Charter violations.

Strategic Planning:

This stage is vital for developing your defence strategy. I evaluate the strength of the Crown's evidence and identify potential defences. I also advise you on the chance of conviction. Thus helping you make informed decisions about how to proceed.

4. Pre-Trial Conferences (Crown Pre-Trial & Judicial Pre-Trial)

These are crucial meetings involving the defence counsel, the Crown Prosecutor, and sometimes a judge.

Negotiation & Resolution:

I engage in robust discussions with the Crown to explore options. They include charge withdrawals due to weaknesses in their case, resolutions to lesser offences. There can also be plea bargains that could lead to a more favourable sentence.

Identifying Issues:

In judicial pre-trials, I discuss complex legal issues and potential motions and estimate trial lengths. Thus, preparing the ground for an efficient (or avoided) trial.

5. Trial Preparation & Defence

If a resolution isn't reached, the case proceeds to trial. It is where meticulous preparation becomes paramount.

Evidence Presentation:

I devise a compelling narrative, calling defence witnesses, introducing favourable evidence, and strategically cross-examining Crown witnesses. These strategies expose weaknesses in their testimony.

Charter Motions:

I may bring forward Charter motions to argue for the exclusion of evidence obtained illegally or in violation of your rights.

Expert Witnesses:

In complex cases (e.g., forensic evidence, medical issues), I consult and present expert testimony to challenge the Crown's assertions.

6. Verdict & Sentencing

If a trial proceeds, the judge or jury renders a verdict. If found guilty, or if a guilty plea is entered, the case moves to sentencing.

Mitigation:

My role shifts to advocating for the most lenient sentence possible. As a Brampton criminal lawyer, I prepare extensive sentencing submissions that highlight mitigating factors (e.g., remorse, rehabilitation efforts, community support), provide case law on appropriate sentences, and challenge the Crown's sentencing recommendations.

7. Appeals

The legal journey doesn't necessarily end with a conviction or sentence. If there were errors in law or fact, or if the sentence is deemed excessively harsh, I opt for an appeal.

Grounds for Appeal: I meticulously review trial transcripts and court records to identify likely errors that could form the basis of an appeal.

Appellate Advocacy:

The appeals process is distinct and highly technical. It involves complex legal arguments presented before a higher court. As the best criminal lawyer in Brampton, I prepare detailed legal arguments (factums) and present oral arguments. These tactics aims to overturn a conviction, order a new trial, or reduce a sentence.

Final Thoughts

From the frightening moment of arrest to the final opportunity for appeal, navigating the criminal justice system without an experienced legal guide is incredibly risky. As Navdeep Dhindsa, a top Brampton criminal lawyer I assure you that my team at Dhindsa Law is committed to being that staunch advocate, ensuring your rights are protected and you receive the robust defence you deserve at every stage. If you're facing criminal charges, do not hesitate to seek professional legal counsel from me at Dhindsa Law immediately.

Read related blog on Criminal lawyer