Criminal Defence Lawyers in New Brunswick and Nova Scotia

We defend criminal charges in New Brunswick and Nova Scotia. If you hire us as a criminal defence lawyer, we take 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 charges where jail is likely in New Brunswick, and offences that may lead to custody in Nova Scotia, for those who qualify. For those who do not, we quote an initial retainer, paid into our trust account before the file opens.

The Charges We Defend

• Assault, including domestic and intimate partner cases
• Impaired driving (DUI): impaired, 80 mg or over 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

The courts and the diversion programs differ between New Brunswick and Nova Scotia.

Every Criminal File Follows the Same Sequence

On every file 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, we pursue 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 New Brunswick runs an Adult Diversion Program for adults, formerly called Alternative Measures. 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.

To discuss a charge, contact us.