Choosing a representative in a criminal matter is an important and stressful decision. After paralegals became licensed in 2008, Ontarians can now select the class of representatives. So, a lawyer or paralegal?

First, consider the type of criminal case.

• First off, the choice depends on the nature of the case.
• Paralegals can represent defendants in the criminal court in summary conviction matters. These are cases where maximum punishment does not exceed two years imprisonment.
• Some of the criminal charges that may fall in this category are assault, theft (shoplifting) or mischief for under $5,000, and more.
• Of note is that the Crown (prosecution) may choose to proceed “summarily” or not.  To this end, if the proceedings are summary, you can hire a paralegal.

Second, consider professional requirements. 

If a paralegal can represent you in your case, the next step is to consider the differences between lawyers and paralegals. Again, it helps to make the choice that best suits you. The key differences and similarities are as follows:

• Paralegals do not attend law school. However, they complete a paralegal program at an accredited institution.
• Paralegals and lawyers are both have Law Society licenses. Therefore, they must comply with the same ethical, professional, educational and accounting standards.
• The court can exclude a paralegal from representing you in criminal proceedings if the judge considers him or her incompetent.
• Of course, you have the right to hire a lawyer and not a paralegal in any circumstance.
• Paralegals cannot accept legal aid.
• If you are unsatisfied with the outcome of your case, you cannot appeal the decision because a paralegal and not a lawyer are representing you.

That said, paralegals and lawyers, all differ in levels of competence and experience. Therefore, a paralegal is not less qualified or able to represent you in criminal proceedings just by virtue of being a paralegal.

Finally, you must consider the difference in the legal fees. Paralegals, as a rule, do not charge hourly rates. They usually work for more affordable flat fees than those hourly rates lawyers charge for the same cases.

We hope that this has helped you clarify your options, and please don’t hesitate to contact us to see if you can, in your situation, get paralegal representation.