LEGAL AID 

Q:  Does Michael accept Legal Aid?
A:  Yes, Michael accepts Legal Aid certificates for both criminal and family law matters.

Q:  Do I qualify for Legal Aid, and how do I apply?
A:  There are a number of financial and other rules that govern whether you qualify for Legal Aid funding or not.  The easiest way to find out is to contact your local Legal Aid Ontario office.  In Kitchener, it is located at 50 Queen Street North, which is the building next to Michael's office.  They will assess whether you qualify for coverage, and guide you through the application process.

Q:  What if I don't qualify for Legal Aid?
A:  Many lawyers ask for a significant retainer before taking a client on.  Michael understands that most people cannot afford to immediately deposit a large amount of money, and cannot delay their legal proceedings while they attempt to build up a retainer.  Michael will work with clients on a payment plan that allows them to live within their budgets.

CRIMINAL LAW 

Q:  I have been charged with a criminal offence, and I have an upcoming court appearance.  What should I do?
A:  It is never too early to consult with a lawyer if you are facing criminal charges.  Michael does not charge for initial consultations.  Meet with Michael to discuss your charges and your options.  If you choose to retain Michael, you can sign a Designation of Counsel that allows him to attend court on your behalf.

Q:  Should I plead guilty just to "get it over with?"
A:  You can only plead guilty if you admit guilt, and are willing to accept the facts alleged by the Crown prosecutor.  If you do not admit to the facts as alleged by the Crown, the judge will not accept a guilty plea.  If you deny guilt, you should be prepared to challenge the allegations at trial, where the Crown must prove the charges beyond a reasonable doubt.

Q:  If I am convicted, or plead guilty to a criminal charge, will I go to jail?
A:  Whether you go to jail depends on a number of factors, including previous convictions, the seriousness of the offence, the number of charges and other factors.  Each case depends on its own facts.  The first thing that you must know is the Crown's position on sentencing.  At your first appearance, you will likely receive a Crown Screening Form, which tells you the Crown's initial position.  Even if the Crown states that it is seeking jail, you can sometimes negotiate a lesser sentence, based on a number of factors.  It is usually helpful to retain a criminal lawyer, who knows which factors are important in such negotiations with the Crown.  Ultimately, the final decision lies with the sentencing judge, who will consider the postions of the Crown and the defence, but has the discretion to impose whatever sentence he or she deems fit.

FAMILY LAW

Q:  I want to start a family law proceeding in court.  What should I do first?
A:  Although you don't need a lawyer in family court, it can often be difficult for unrepresented persons to understand what to ask for, how to ask for it, which court to go to and what to do once the proceeding is started.  Michael works closely with his clients to ensure that they don't need to worry about these procedural issues, so that they can focus on getting the best possible result.

Q:  I have been served with family court papers.  What do I need to do?
A:  Under the Family Law Rules, you have a limited amount of time to serve and file responding documentation after you have been served.  If you do not respond, you can lose your status, and the proceedings can go on without you.  Which documents you must serve and file also depends on what type of claims are being made, and by whom.  The responding material that you serve and file should be carefully drafted to clearly set out your position on the issues.  Judges will read this material, so it is crucial to tell them what they need to know to make fair decisions.  Michael will personally meet with his clients to ensure that their documents are clear and helpful in advancing their positions.

Q:  What documents do I need to be legally separated?
A:  When spouses decide that they aren't living together anymore, they are considered to be separated.  You don't need a court order to be separated.  However, you will need a separation agreement or court order to decide such issues as child custody, access, support and property division.

Q:  My spouse/ex-partner and I have split up but we agree on how things should be resolved.  Do we need to go to court?
A:  If people can agree on how to resolve their family law issues, they don't need to go to court.  Michael has drafted separation agreements, and reviewed agreements drafted by other lawyers.  Parties that enter into separation agreements, which are considered to be contracts, should always seek advice from their own lawyers beforehand to ensure that the agreement complies with the law, and is enforceable.  The Supreme Court of Canada, and various provincial appeal courts, have made important decisions about the circumstances that would allow parties to challenge separation agreements down the road.  Michael carefully drafts and reviews agreements with his clients so that their interests are protected, and so they don't end up unnecessarily re-litigating issues that they thought had been resolved years before. 

Q:  I am separated, or separating, from my spouse.  Who has custody of the children if we haven't gone to court yet?
A:  Unless there is a custody order from a court, or a separation agreement that addresses custody, neither parent has actual custody.  If there is no agreement on custody, it is important to start a custody application in court quickly, particularly if the other parent is threatening to take the children away, or refusing to return them.  The police will generally not assist in such disputes unless there is a valid court order, with a police assistance clause. 

Q:  Who must pay child support?
A:  Generally, child support must be paid by non-custodial biological parents.  However, persons other than biological parents can also be ordered to pay child support if they are found to be in loco parentis, which means that they have taken the place of a parent.  This includes subsequent partners, whether they marry the custodial parent or not.

Q:  How is child support calculated?
A:  Child support is based on the Federal Child Support Guidelines.  Based on the Guidelines, child support is calculated on the basis of the number of children, and the annual income of the parent paying support.

Q:  Do I have to get a divorce if I am separated?
A:  You really don't need to get a divorce unless you or your spouse wants to re-marry.  If you have settled all issues from your separation, it doesn't really matter if you are formally divorced or not.  If you seek a divorce, it generally will not be granted until one year after your date of separation.