FAQs | Sanja Mavrak Toronto Criminal, Contract & Civil Lawyer

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Frequently Asked Questions

CRIMINAL LAW FAQs

Q: Do I have to speak to the police about a crime that occurred?

A: Although the police have a duty to investigate reports made to them about a crime that may have been committed, the choice of whether you want to speak to the police is yours. It is important to remember that you have the right to remain silent at all times. You also have the right to speak to a lawyer without delay.

There are very rare circumstances where an individual has to cooperate with police, and if you are unsure about this, it is best to consult a lawyer. If you are facing criminal charges or have been contacted by the police, it is best to speak to a criminal lawyer to obtain advice.

Q: Where can I meet with you?

A: I conduct most initial consultations with clients at my office located downtown Toronto (43 Front Street East,4th Floor Toronto, Ontario). If getting to my office is problematic for you, please contact me (416) 554-4974 and we can try to make alternate arrangements (i.e. we may be able to meet in court at your first appearance in the appropriate circumstances).

Q: What happens at the first meeting with a lawyer?

A: When you meet with a lawyer at any stage of your case, it is important to come prepared. You should bring a piece of ID, all papers and documents which you have received from the police and Crown Attorney, as well as a list of any questions that you may have. This will give you an opportunity to meet with the lawyer, provide your documentation and address all of your questions or concerns.

I offer free initial consultations, so that both myself and the potential client can determine if we are best suited to work together. After all, hiring the right lawyer is a very important decision and you have to be comfortable with that person.

During my initial consultations, I always do my best to explain several things to the potential client. The following are areas that are usually discussed during a consultation: providing an overview of the court process and what to expect, the risks associated with the case, the pro’s and con’s of conducting a trial, the potential outcomes and range of sentences (if appropriate), and an overview of the associated legal costs.

Q: Do I have to retain a lawyer?

A: Since every case is unique and has its own legal and factual challenges, it is important to speak to an experienced lawyer to obtain some advice. Although facing criminal charges is stressful and difficult, the smartest decision you can make is to retain a lawyer to assist you and obtain the best possible result in court, and to minimize the risk of a criminal conviction, or any associated record(s).

Q: Do you only practice and take cases in Toronto?

A: Although my office is located in Toronto, I take cases in Toronto and all over the GTA (Durham, Halton, Peel and York Regions). I also take in some out of town jurisdictions in the appropriate circumstances (Hamilton, Kitchener, Waterloo, London, Lindsay, etc.).

Q: What does it mean if I have been released on a Promise to Appear?

A: Upon being arrested, the police may release you on a form called “Promise to Appear”, which sets out:

the nature of the charges;
the conditions which you must follow; and
the date, time and location of your first court appearance, as well as a date for fingerprints.

You will be asked to sign a copy of this form and will be provided with a copy. You must attend the date on the form for fingerprints, as well as your first court appearance. If you do not attend court (or for finger printing), you risk being charged with a further criminal offence of Failure to Attend Court (or finger printing).

Q: What is a does it mean if I have been released on Bail?

A: In some cases, the police may decide not to release you on a Promise to Appear, and instead will detain you until you have had a bail hearing. In most cases, the police must bring you before a court for a bail hearing within 24 hours of being charged. This type of hearing is one where the court will determine whether you will be released (usually with certain with conditions) pending the completion of your case. The court will consider the following factors:

the nature and seriousness of the offence;
the likelihood that you will attend your court appearances; and
whether or not you pose a danger to the public.

Depending on the circumstances, you may be released on your own, or you may be released with one or more sureties (usually a family member or a friend) who will agree to supervise you and ensure that you abide by the court-imposed conditions. If you have been released on a Bail, you must abide by the conditions which the court has imposed. If you do not, you risk being charged with further criminal offences such as Failure to Comply.

A bail hearing is arguably the most important step in a criminal proceeding, and it is important to consult with a lawyer to assist you with this process. Call Sanja Mavrak today for a free consultation: (416) 554-4974.

Q: What happens at my first court appearance?

A: The first appearance in the Ontario Court of Justice is not a trial date. It is simply an administrative appearance so that you can obtain initial disclosure from the Crown Attorney (the evidence which the police have collected relating to the charges against you), and pick a future date to return to court. This will allow you to be able to consider whether you will be retaining a lawyer (and if so, whether it will be privately or by applying to Legal Aid Ontario for funding).

CIVIL LITIGATION (CONTRACT LAW) FAQs

Q: What happens at the first meeting with you?

A: Whenever you meet with a lawyer at any stage of your case, it is important to come prepared. You should bring:

a piece of ID;
all documents which you have in support of your claim;
any questions or concerns that you would like to address. It is important to address all concerns at the outset so that we can determine if we are best suited to work together.

At the initial consultation, I can review your case with you and offer legal advice on the merits of your case. In addition, I will explain the court and legal process which you can expect to encounter if you pursue a claim.

Q: What is a breach of contract?

A: Simply put, if one party to an agreement fails to complete or perform the duties required under that contract, or fails to make payment(s) pursuant to the contract agreement, the suffering party may be entitled to seek compensation / damages. If you feel that you’re in this situation, it is important to speak to a lawyer to obtain legal advice and determine the best course of action.

Q: What if I want to sue someone for breach of contract?

A: There are many factors to consider before deciding to sue someone, which is why it is important to consult with a lawyer who can assist you. These include:

whether you have a valid basis in law to sue someone;
the amount of the loss;
the likelihood of being able to recover the loss and collect;
applicable limitation periods;
which court to commence the proceedings in; and
whether you have enough support for your claim.

An experienced lawyer may be able to help you recover some of your losses through other legal avenues, such as, writing a letter of demand, meditation, or other negotiations. If you think you may be facing a breach of contact dispute, contact Sanja Mavrak today at (416) 554-49474 to set up a consultation.