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I can't afford a criminal law lawyer. Where can I get free legal help?
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Lawyers can give legal advice. When you get legal advice, a lawyer explains what the law says and how it applies to your situation.
Even if you can't afford a lawyer, it's important to try to get legal information. Legal information can help you understand your legal rights, how the legal process works, and how to get more help.
You may be able to get legal information and help from:
- Duty counsel on the days you have to go to court
- Legal Aid Ontario
- Student Legal Aid Services Society
1. Get legal Information
It can be useful to get legal information and help before you make decisions or even before you talk to a lawyer.
Legal Aid Ontario (LAO) has services for people of all income levels. You can get general legal information, called summary advice, by calling 1-800-668-8258 during regular business hours. This information can help you understand:
- what you should do next
- the things you need to think about
- what will happen at court appearances, such as at a first appearance, bail hearing, and sentencing
- if you have options that don't involve a trial or pleading guilty, such as diversion or making restitution
The Association of French-Speaking Jurists of Ontario (AJEFO) has a resource called the Ontario Legal Information Centre that gives you 30 minutes with a lawyer over the telephone or in person. Call 1-844-343-7462 to speak with a lawyer about any area of law in English or French. You may have to leave a message, and a lawyer will call you back within 14 days.
You can find free online legal information about criminal law in Ontario at:
2. Get free legal advice
Legal Aid Ontario (LAO) also provides legal services to people in Ontario with very low incomes.
Legal aid certificates
If you have a low income, you may be able to get a legal aid certificate. To get help, you must meet LAO's financial eligibility rules. This means you have to show them that you have a low income.
LAO will ask you how much money your whole household makes. They will ask how many family members live in your house and how much money each person makes. They combine all the incomes of your family members to get your gross family income.
You must also show that your legal issue is one that LAO covers. In criminal law, LAO may cover some or all the cost of your legal help if:
- you've been charged with a crime and it is likely that you will go to jail if you're found guilty
- you're between 12 and 17 years old and have been charged with a crime under the Youth Criminal Justice Act
- you belong to a vulnerable group
- you've experienced domestic violence and don't have a criminal record
- you're in jail and trying to get bail
- you could face serious immigration consequences if you're found guilty
If you get a legal aid certificate, this means that LAO pays a lawyer to work for you.
You should not pay any money directly to the lawyer who accepts your certificate. Your legal aid certificate is meant to cover the entire cost of your matter. If you need more time, your lawyer can ask LAO for more hours.
In some cases, you may need to sign a "contribution agreement". This is an agreement between you and LAO where you agree to pay back LAO some money based on your income.
Duty counsel
Even if you don't qualify for a legal aid certificate, you may be able to use the criminal duty counsel program when you're in court. Through this program, LAO pays lawyers, known as duty counsel, to give free legal advice to people who don't have a lawyer. Duty counsel work in most courts in Ontario. If they aren't in the courthouse, they will have an office nearby.
Duty counsel usually can't represent you at your trial, but they may be able to:
- help you with a Crown pre-trial or a judicial pre-trial
- give you information and advice
- help you find out if you qualify for a legal aid certificate
Inside the courtroom, they can:
- give information to the court for you
- adjourn your case if you appear without a lawyer
- tell the court what's going on with your case when they adjourn it
Services while in custody
If you need to talk to a lawyer while you're in custody, the police must tell you about the Brydges duty counsel service. This is a service provided by Legal Aid Ontario. It gives free legal advice to anyone in Ontario who is detained or arrested. It is available 24 hours a day, 365 days a year. The service is available in English, French, and any other language through an interpreter.
Tell the police officer that you want to talk to duty counsel if you don't have your own criminal lawyer. The officer should call the hotline for you and let you speak with duty counsel in private. If duty counsel is not available, the officer can leave a message and duty counsel should call you back within 30 minutes.
3. Call a clinic
Here are clinics that offer criminal law services:
Student Legal Aid Services Society (SLASS)
Student legal aid clinics are staffed by law students who are supervised by lawyers. These clinics are part of the law schools at the University of Ottawa, University of Toronto, Queen's University in Kingston, University of Windsor, Lakehead University in Thunder Bay, Osgoode Hall in Toronto, and Western University in London.
If your income is low and the crime is minor, these clinics may be able to help you. They usually don't help with cases where jail time is likely.
Youth Services
Justice for Children and Youth helps young people who live in Ontario with legal matters, including charges under the Youth Criminal Justice Act. They give free confidential legal advice to youth who are under 18 and youth under 25 who are homeless. Call toll-free 1-866-999-5329 or 416-920-1633 in Toronto.
4. Call JusticeNet
JusticeNet is a not-for-profit organization that helps people access legal services when their income is too high to qualify for legal aid but too low to afford legal fees. If your net family income is less than $59,000, they will refer you to a directory of lawyers, paralegals, and mediators who provide help at reduced rates depending on income.
You must register and pay a $25 fee to use the website. This fee may be returned to you if you do not find a professional to work with.