FAQ
Clear Answers When You Need Them Most
Meet Your Defence Counsel
I'm Gian Paolo Pasini, a criminal defence lawyer based in Windsor, Ontario. I run a sole practice focused exclusively on criminal law. Clients turn to me for clear answers, grounded guidance—and when necessary, firm, unflinching advocacy inside and outside the courtroom.
About Criminal Charges
What should I do if I've been charged with a crime?
Contact a criminal defence lawyer immediately. Do not speak to police or provide statements without legal counsel present. Exercise your right to remain silent and your right to speak with a lawyer. The earlier you involve a lawyer, the better we can protect your rights and build your defence.
Should I talk to the police?
No. You have the right to remain silent and you should exercise that right. Anything you say to police can and will be used against you. Politely inform the officer that you wish to speak with a lawyer before answering any questions. Even if you believe you’re innocent or can explain the situation, speaking to police without legal advice can seriously harm your case.
What's the difference between being arrested and being charged?
Being arrested means police have taken you into custody, usually because they believe you’ve committed an offence. Being charged means the Crown has formally accused you of a criminal offence and court proceedings will follow. You can be arrested without being charged (police may release you without charges after investigation), and in some cases you may be charged without being arrested (you receive a summons to appear in court).
What happens at my first court appearance?
Your first court appearance is typically brief. The Crown will provide disclosure (evidence against you), and the matter will be adjourned to a later date to allow you and your lawyer time to review the disclosure and discuss your options. You will not enter a plea at your first appearance. If you’ve retained me as your lawyer, I will attend court on your behalf in most cases, so you may not need to appear personally.
Will I go to jail?
Not necessarily. Many criminal charges result in non-custodial sentences such as probation, fines, or conditional discharges. Whether jail time is likely depends on factors including the nature of the charge, your criminal record, the circumstances of the offence, and whether you plead guilty or are found guilty at trial. During our consultation, I can provide a realistic assessment of potential outcomes based on your specific situation.
The Legal Process
How long will my case take?
The timeline varies significantly depending on the complexity of the case, whether it’s resolved through negotiation or goes to trial, and court scheduling. Simple matters may resolve in a few months, while complex cases that proceed to trial can take a year or more. I’ll work efficiently to resolve your matter as quickly as possible while ensuring we build the strongest defence.
What is disclosure?
Disclosure is the evidence the Crown prosecutor has against you. This typically includes police reports, witness statements, photographs, video footage, and any other evidence they intend to use. The Crown is legally required to provide you with full disclosure. Once we receive disclosure, I’ll review it carefully to identify weaknesses in the Crown’s case and build your defence strategy.
Should I plead guilty or go to trial?
This is one of the most important decisions you’ll make, and it depends entirely on your specific circumstances. After reviewing the disclosure and discussing your situation, I’ll provide honest advice about your chances at trial and any benefits of resolving the case through negotiation. Ultimately, the decision is yours, but I’ll ensure you have all the information you need to make an informed choice.
What's a Crown pre-trial or judicial pre-trial?
A Crown pre-trial is a meeting between your lawyer and the Crown prosecutor to discuss the case and explore possible resolutions. A judicial pre-trial involves a judge and allows us to discuss trial issues, potential guilty pleas, and sentencing positions. These meetings are confidential and help narrow issues before trial or potentially resolve the case without trial.
Can charges be dropped or withdrawn?
Yes. The Crown may withdraw charges if they determine there’s insufficient evidence to proceed, if key witnesses are unavailable or unwilling to testify, or if there are legal issues with the case. As your lawyer, I’ll work to identify weaknesses in the Crown’s case and advocate for withdrawal where appropriate. However, the decision to withdraw charges ultimately rests with the Crown prosecutor.
Bail & Release Conditions
What is a bail hearing?
A bail hearing (also called a show cause hearing) is a court proceeding where a judge decides whether you should be released from custody while awaiting trial, and under what conditions. The Crown must show cause why you should be detained. Factors considered include whether you’re a flight risk, whether you pose a danger to the public, and whether your detention is necessary to maintain confidence in the justice system.
What are release conditions?
Release conditions are restrictions placed on you when you’re released on bail. Common conditions include residing at a specific address, reporting to police, following a curfew, abstaining from alcohol or drugs, not contacting certain people, and not possessing weapons. Violating these conditions is a separate criminal offence (breach of release order) and can result in re-arrest and additional charges.
What if I've breached my conditions?
Contact a lawyer immediately. Breaching release conditions is a separate criminal charge. Depending on the circumstances, defences may be available. Sometimes breaches occur unintentionally or due to circumstances beyond your control. Early legal advice is critical to protect your rights and potentially mitigate consequences.
Hiring a Criminal Defence Lawyer
Do I need a lawyer or can I represent myself?
You have the right to represent yourself, but it’s strongly inadvisable. Criminal law is complex, and prosecutors are experienced lawyers. Without legal training, you risk making mistakes that could result in conviction, harsher sentences, or permanent criminal records. Even for seemingly minor charges, a lawyer can often achieve outcomes that self-represented individuals cannot.
What's the difference between a lawyer and duty counsel?
Duty counsel are lawyers provided by Legal Aid Ontario who offer free summary legal advice and representation for bail hearings. However, duty counsel have limited time and resources and typically cannot provide the same level of attention, investigation, and advocacy as a retained lawyer. A retained lawyer works exclusively for you, develops a comprehensive defence strategy, and sees your case through from start to finish.
How much does a criminal defence lawyer cost?
Legal fees vary depending on the complexity of the case, whether it proceeds to trial, and the amount of work required. During your free consultation, I’ll provide you with a clear fee structure based on your specific situation. I believe in transparent, upfront pricing so there are no surprises. Many clients find that investing in experienced legal representation saves money in the long run by avoiding convictions, jail time, and long-term consequences.
What happens during the free consultation?
During your free consultation, we’ll discuss your charges, review any documents or disclosure you have, discuss your legal options and potential outcomes, answer all your questions, and I’ll explain how I can help. This consultation is confidential. There’s no obligation to retain me, and you’ll leave with a clear understanding of your situation and next steps.
Do you offer payment plans?
Yes. I understand that criminal charges often come at a difficult financial time. I work with clients to develop payment arrangements that fit their budgets. We can discuss payment options during your consultation
Will a criminal record affect my employment or travel?
Will a criminal record affect my employment or travel?
Yes, a criminal record can have serious long-term consequences. It can affect employment opportunities, professional licensing, volunteer positions, travel (especially to the United States), immigration status, and more. This is why it’s crucial to fight criminal charges with experienced legal representation. In some cases, we may be able to secure a discharge or withdrawal that avoids a criminal record entirely.
What's the difference between assault and domestic assault?
Legally, there is no difference—domestic assault is still assault under the Criminal Code. However, when the alleged victim is a spouse, partner, or family member, Crown prosecutors treat these cases more seriously and often impose strict bail conditions including no-contact orders. Domestic cases also involve special considerations around evidence, witness testimony, and potential reconciliation.
Can impaired driving charges be beaten?
Yes. Impaired driving cases often involve technical evidence including breathalyzer results, roadside screening devices, and police observations. There are many potential defences including Charter violations (unlawful detention, search and seizure), improper administration of breath tests, faulty equipment, failure to provide proper warnings, and more. Each case is unique, and a thorough review of the disclosure is essential to identify viable defences.
What if the alleged victim wants to drop charges?
In criminal cases, charges are brought by the Crown, not by the alleged victim. Even if the complainant wants charges dropped, the Crown may proceed with prosecution. However, if the complainant is unwilling to testify or recants their statement, this can significantly impact the Crown’s ability to prove the case. Each situation is different, and I can advise you on how this might affect your case.
Why Clients Choose Pasini Criminal Law
Accessible, Responsive & Personable: I take your calls, answer your questions, and explain your legal options in plain language.
Top Attorneys
Our lawyers combine world-class professionalism and quality with clear understanding of local realities
Still Have Questions?
Every case is unique. If you have specific questions about your situation, contact me for a free,
confidential consultation where we can discuss your case in detail.
Your Defence Starts Here
contact us
ADDRESS
- 380 Victoria Ave.
- Windsor, ON N9A 4M6
Hours
- Monday - Friday
- 9:00AM - 5:00PM
