Challenge to wiretap authorizations (Part VI)
An application to exclude intercepted communications by attacking the authorizing affidavits.
What is included
- Reviews the disclosure for possible Charter breaches or evidence issues
- Drafts the application, notice and supporting materials
- Prepares and questions witnesses at the application hearing
- Argues for remedies such as excluding evidence or a stay of proceedings
- Responds to Crown applications that affect your trial
What is not included
- Reports from toxicologists or other professionals, transcripts and other disbursements, unless the lawyer's retainer includes them
- An appeal or a later stage the lawyer has not agreed to in writing
- Related immigration, family or civil matters, unless the lawyer agrees to handle them
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- People charged with a criminal offence
- People under investigation who have been contacted by police
- Family members or sureties helping someone through bail
- People who want to appeal a conviction or sentence
Information to have ready
- 1All disclosure received so far
- 2Your account of the search, arrest, detention or interview
- 3Trial and pre-trial dates already set
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $10,000–$35,000, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Should I speak to the police before I talk to a lawyer?
If you are arrested or detained you have the right to speak to a lawyer without delay, and you are usually not required to give a statement. Speak to a lawyer before saying anything about the allegations.
What happens if I miss a court date?
Missing a court date can lead to a warrant for your arrest and a further charge. If you cannot attend, contact a lawyer or the court before the date.
Can a criminal charge affect my immigration status?
It can. Some convictions and sentences may lead to loss of status or removal from Canada, so tell the lawyer about your status before any plea.
Can I get legal aid?
If your income is low and you face a possible jail sentence, Legal Aid Ontario may be able to help. You can ask any lawyer NEO names whether they accept legal aid certificates.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the Crown and the court make the key decisions
- You must attend court when required and follow every release condition while the case is ongoing
- Court dates and appeal deadlines keep running while you choose a lawyer
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