Criminal Defence Lawyers in New Brunswick and Nova Scotia

The firm’s criminal defence practice runs in New Brunswick and Nova Scotia, from the Moncton, Saint John and Halifax offices. A criminal defence lawyer here takes a case from the first night, when the release conditions are decided, through disclosure and the Charter applications that decide what evidence a court will hear. Trial is in the Provincial Court, the Court of King’s Bench of New Brunswick or the Supreme Court of Nova Scotia.

What a Criminal Defence Lawyer Does on Every File

The Crown must prove the charge beyond a reasonable doubt. You have the right to silence and to counsel before any police interview, and the interview is where most defensible cases are lost. Full disclosure comes before any advice on a plea. Charter breaches in the search, the arrest or the detention can exclude the evidence that the case depends on. Most hybrid charges give the Crown an election that sets the court and the maximum, and an indictable charge gives the accused the election of a judge alone or a jury. Legal aid covers many charges for those who qualify; for those who do not, the firm quotes a block fee after the first appearance.

The Charges the Firm Defends

• Assault, including domestic and intimate partner cases
• Impaired driving (DUI): impaired, over 80 and refusal
• Drug charges under the Controlled Drugs and Substances Act
• Theft and fraud, from shoplifting to employee theft
• Sexual assault defence, including historical allegations

Each has a New Brunswick page and a Nova Scotia page, because the courts and the diversion programs differ between the two.

The Offices Split the Work by Province

Moncton and Saint John take New Brunswick files. Halifax takes Nova Scotia files. On every one the sequence is the same: the release hearing, a request for full disclosure, a review of the search, the arrest and the interview for Charter breaches, then advice on a plea or a trial date. Where a diversion program or a peace bond ends the case without a conviction, the firm pursues that first. Where it does not, the file is prepared for trial in the court the election sets.

The Courts and Diversion Differ Between New Brunswick and Nova Scotia

New Brunswick’s Provincial Court sits in Moncton, Saint John, Fredericton and on circuit. Indictable trials by jury are heard in the Court of King’s Bench. Nova Scotia’s Provincial Court sits in Halifax, Dartmouth, Sydney and Truro. Jury trials there are heard in the Supreme Court. Nova Scotia’s Restorative Justice Program accepts adult referrals and takes more cases out of court than New Brunswick’s adult alternative measures, which run under Crown policy. Impaired driving suspensions and interlock programs are provincial and differ under each Motor Vehicle Act.

Call Before the Interview and the First Appearance

Call before the police interview, before the first appearance and before signing anything. A release condition that cannot be varied and a statement that cannot be withdrawn are the two things a defence lawyer cannot undo.

The other practice areas are under injury law areas. The firm’s team and offices are listed with each.