Stuart O'Connell - Criminal Defense Lawyer

Description

Stuart O'Connell is a leading criminal defence lawyer with an enviable record of success.
"I enjoy being in the courtroom, making arguments at trial, the public and adversarial nature of the process. But for me a trial is a last resort. First, I have to know that I can't resolve my client's charges without going to trial. Many cases weaken as more and more information regarding the investigation is produced prior to trial. And in these instances it may be possible for an astute and proficient lawyer to direct the Crown's attention to these weaknesses, ultimately convincing the Crown (that is, the prosecutor) to withdraw some or all of the charges. Easily over half the clients I represent have their charges withdrawn and they never see the inside of a courtroom. Sometimes, a guilty plea to a lesser offence in exchange for having the Crown withdraw the offence that was originally charged will be an acceptable outcome for the Crown, the Court, and the Accused. For instance, in some circumstances the Court will accept a plea to the regulatory offence of careless driving where the police originally charged the criminal offence of driving with a blood-alcohol content over 80 mg. Again, an astute and proficient criminal defence lawyer is needed to advance this type of resolution where the circumstances allow. Even when it is available, the individual may be better served by going to trial, and thus forcing the Crown to attempt to prove its case against the individual beyond a reasonable doubt. If a guilty plea is in your best interest, a strong criminal defence lawyer is required to help negotiate the terms of that guilty plea with the Crown so that it involves the most favourable terms available to you, as well as to help ensure that the sentencing judge accepts the 'joint position' advanced by defence counsel and the Crown. If an early resolution is not available or appropriate, then it is on to trial, where you want a trial lawyer with a good knowledge of criminal law, evidence, and criminal procedure, as well as a natural eloquence and the ability to respond quickly and intelligently under the heightened pressure of trial. Of course, even with such a lawyer not every case ends with all the charges being withdrawn or the accused being found not guilty on every charge. On to sentencing, and putting before the Court the information necessary for the Court to construct an appropriate sentence for the particular offender.