Overview: Criminal Defence Lawyers
The call comes at an odd hour, or an officer asks you to come in and answer a few questions. Criminal defence begins right then. You do not have to answer, and you can speak with a lawyer first. That right applies whether or not you have been arrested. A defence lawyer carries the file from the police station through the bail hearing, Crown disclosure, resolution discussions and trial.
Practices differ in what they take on. Some handle summary matters and impaired driving, others build their work around serious indictable charges or youth court. Ask which lawyer appears at your next date. Ask how the retainer works, what it covers, and what happens if the matter runs to trial. Legal aid is organized province by province, so eligibility and the paperwork are not the same everywhere.
Bring the release documents, the promise to appear, any conditions you have been given, and the names of the officers. Note what you remember while it is clear. Say nothing about the events on a recorded line or to anyone but your lawyer. Conditions are easy to breach by accident, so read them closely.
Listings show what each firm publishes about the charges it defends and the courts it works in. The province and city lists lead to lawyers near the courthouse handling your matter, and each city page marks which firms sit in that city and which are close by.
Cost of criminal defence in Canada
Ask which stage the lawyer’s fee covers. Bail, resolution and trial may be quoted separately, and a deposit or instalment is not automatically the final price.
If someone has been arrested or detained
Free immediate telephone advice from duty counsel is available across Canada. Ask how to access it; ongoing representation and legal-aid eligibility are separate.
| Service or situation | Planning fee | Scope and extras |
|---|---|---|
| First straightforward bail hearing | C$1,500–3,000 | Preparation and representation at the initial bail hearing. Confirm the hearing time and what happens if it is adjourned.Further hearings, a bail review and the defence of the charge may cost extra. |
| Resolve a straightforward charge by guilty plea | C$4,000–9,000 | An uncontested plea in a summary-conviction case, planned for one court day. Confirm whether initial appearances and sentencing are included.Contested sentencing, extra court days, experts or further charges can require a new quote. |
| Preparation and a one-day trial | C$6,000–10,000 | Initial case work, preparation and one trial day for a straightforward case in provincial criminal court.Further trial days, specialist motions, experts and appeals require a separate budget. |
| Serious, complex or lengthy proceedings | Budget by stage | Get separate budgets for disclosure review, motions, trial days and any appeal, with a payment schedule.Confirm whether fees already paid are credited towards the next stage. |
Ask before you hire
What is the total fee for the next stage, what triggers another fee, and how are amounts already paid credited?
Ways to control the cost
Ask about legal aid, available duty-counsel services and payment instalments when arranging representation.
More cost details
What changes the quote
- Seriousness and number of charges, disclosure volume and witnesses.
- Contested bail, legal motions and trial length.
- Experts, travel, transcripts and appeals.
Check your quote
- Distinguish a trust deposit, a stage fee and a payment instalment.
- Confirm earlier appearances, sentencing and adjournment terms.
- Ask for an estimate before any additional stage begins.
Canadian context
These are private-lawyer planning amounts. The charge, court and stage matter more than the name of a fee package.
Planning ranges from published Canadian fees, not a Canada-wide average. Actual quotes can fall outside them. Fees exclude applicable sales taxes and separate expenses unless stated.
Frequently asked questions
What does a criminal defence lawyer handle day to day?
The whole file. A defence lawyer advises you before any police interview, appears at the bail hearing, reviews Crown disclosure, brings applications about how evidence was obtained, discusses resolution with the Crown where that makes sense, and runs the trial. Appeals are normally a separate retainer, sometimes with a different lawyer entirely, and you would want to ask about that early.
Should I answer police questions before I get a lawyer?
No. Say you want to speak with a lawyer, and questioning should pause while that call happens. Say nothing about the events themselves beforehand. Police can keep asking after you have had legal advice, and you can keep declining to answer. Your silence cannot be used to suggest that you did anything.
How do criminal defence firms usually charge?
Usually a retainer paid up front and drawn down as work is done, or a block fee covering a defined stage of the matter. Ask which one you are being offered, what happens to unused funds, and whether the figure covers preliminary steps and trial or stops earlier. Disbursements such as transcripts are normally billed on top of it.
Legal aid or a privately paid defence lawyer?
Legal aid certificates are issued by the province, and eligibility turns on income and the seriousness of the charge. A certificate lets you choose among lawyers who accept them. Duty counsel can help at a first appearance even when you do not qualify for a certificate. Facing a criminal charge with nobody representing you is the option to avoid.
How does a criminal charge affect immigration status?
It can matter a great deal for permanent residents and people here on permits, and the criminal outcome and the immigration outcome are decided in different places by different decision makers. Raise your status with your defence lawyer early. A resolution that looks sensible in criminal court may need an immigration lawyer's view first.
