Experienced Oshawa Defence Lawyers
We are a trusted criminal law firm located steps away from the Oshawa courthouse. We exclusively provide representation for individuals facing criminal allegations. Our team is led by Jeffrey Smart, a 17- year veteran defence lawyer with a track record for strong communication, strategic preparation, and results.
We designate a full-time team to the Durham Regional Courthouse to provide you with real local knowledge and insight. We know the Lawyers, Crown Attorneys, Judges, Court Staff, and Police Officer's that work here. Our daily interaction allows us to maintain a trusted and professional position with the people who will decide your fate.
As a dedicated criminal defence law firm, our mission is to protect your rights, advance your defence, and stay focused on achieving the best outcome for your case. We provide the peace of mind that comes with having a legal team you trust.
Jeffrey Smart
Mr. Smart's career in criminal law began with noteworthy roles as a Provincial and Municipal Prosecutor for the City of Kawartha Lakes and the Ministry of the Attorney General. He collaborated with esteemed Senior Lawyers, Crown Attorneys and Judges to develop his knowledge of the local justice system before founding his own firm in 2015.
Since founding the firm, Mr. Smart has continued to build his professional reputation. He is known for his communication with his clients, providing trustworthy advice, and presenting highly developed trial strategies. Mr. Smart combines proven trial tactics with modern technology to enhance his trial advocacy.
Ms. Smart has developed his legal team to optimize his 17 years of courtroom experience and deliver a premium experience to his clients. Mr. Smart's team allows your case to proceed quicker and more effectively while keeping the details of your case available to you even when Mr. Smart is in court.
Mr. Smart has become a prominent lawyer in the Oshawa Courthouse. You can expect to see him there fighting for his clients and guiding them through the most serious criminal allegations.
Criminal Allegations we defend everyday
Frequently Asked questions
How do I retain your services?
The first step is to have a consultation. You can request one by sending us an email or calling our office. During the consultation, we will discuss some basic facts about the case, our fees and provide you with general information about the charges you face and the tasks we will perform. We cannot give you legal advice during this consultation, as we don’t have all the information we need to competently advise you. Professional advice can only be given after we have diligently reviewed your case and the relevant laws.
After our consultation, we will review with you our retainer agreement. This is a simply a contract for our services which provides a clear picture of the services you are hiring us for, the fees , our expectations and what you can expect from us. Once this agreement is complete and payment is made, we will begin working on your case.
What will you do once we retain you?
1) Get your side of the story- It’s important for us to document your version of the events while it’s fresh in your mind. This ensures we have the most accurate record to rely upon when it’s time for your case to be heard in court.
2) Gather Biographical Information- Who you are is major part of what makes each case unique. We thoroughly enjoy getting to know each of our clients, their family and their history. Your personal story may also have some benefit to your case.
3) Request a copy of all the Evidence -The police compile volumes of evidence during any investigation and we are entitled to review it before you are required to make any decisions about your case. This is an essential step to any criminal defence.
4) Review all the Evidence (police reports, video footage, witness statements, documentary records, etc). Once we have all the evidence, we review it thoroughly to assess the strength or weaknesses in any available defences.
5) Conduct Legal Research – Each case has unique facts and unique legal avenues of defence. We will review the most up-to-date legal authorities to properly advise you which defences are most likely to succeed and how to present them.
6) Provide Strategic Legal Advice- After we have reviewed your case, we will discuss our findings with you. You will then have to instruct us on how you wish to proceed. In most instances, the path forward will be obvious from our advice and we can execute our plan. Our role is to ensure you clearly understand your options and make informed decisions that best suit your interests.
7) Speak with the Crown Attorney- This is an important meeting. Usually, we get one chance to speak with the Crown Attorney and discuss the case, so it is important to be prepared and have all the facts beforehand. Each case is different, but these conversations usually focus on procedural concerns, outstanding evidence, amicable resolutions, and/or the legal issues that are likely to require litigation in court.
8) Speak to the Judge- Not every case requires judicial intervention and comment, but where there is a benefit to involving a Judge we will schedule a meeting called a “Judicial Pre-Trial”. Judges have a wealth of knowledge and experience in resolving disputes and ensuring cases proceed fairly through our system. This meeting is not a formal trial and the judge cannot dispose of your case like they can after a trial, but they can provide useful guidance/feedback on the various.
9) Make all Court Appearances- Each case will inevitably have more than one court date, sometimes many, so we appear in court on your behalf. You will have to attend some court dates, but not every court. We attend the court dates for you, so you can carry on with your day-to-day activities instead of waiting in court all day. You will be informed about each and every court appearance and told if your attendance will be required. We want you to attend when it is beneficial to your case, so that your time is used most effectively.
How long will it take to finish my case?
Criminal allegations vary in complexity, so the amount of time which is necessary to complete your case will vary accordingly. Some cases are able to complete in a few months, some go on much longer, but the there are limits to how long a case is allowed to take. The court process occurs in stages and a “trial” is the final stage.
Trials usually occur 6-12 months after your first court date depending on the court’s availability.
What can I expect on my first court date?
First court dates are mainly an administrative introduction to your case. The court will ensure you understand the formal wording of charges and discuss basic procedural rights such as your right to have a lawyer represent you, your right to review all the evidence, and your right to have a reasonable opportunity to do these tasks prior to making any substantive decisions.
The first court date is NOT a trial. None of the witnesses, or police officers, will be in court that date, nor are they required to be.
What information should I bring to my consultation?
Bring any paperwork you have received, including your charge sheet or information, your release conditions, your promise to appear, and any documents listing your court dates. Any correspondence from the police, along with a written summary of what happened while it is still fresh, is also useful. The more detail you provide, the more clearly we can assess your case and explain your options at the first meeting.
What happens after I am charged with a criminal offence?
After you are charged, you will usually be released, either by the police on conditions or through a bail hearing, and any conditions must be followed exactly. Your lawyer then requests disclosure, which is the evidence the Crown intends to rely on, and reviews it with you. The case moves through court appearances and discussions with the Crown before it is resolved by withdrawal, a plea, or a trial. Early legal advice helps you avoid mistakes and understand each step.
What happens during a pre-trial conference?
A pre-trial conference is a meeting between the defence, the Crown, and often a judge to discuss the case before trial. It is used to identify the real issues, estimate how long a trial will take, explore whether the matter can be resolved, and deal with scheduling and any legal applications. These discussions can narrow the issues and sometimes lead to a resolution without a trial.
What types of evidence can be used in court?
Many kinds of evidence can be used in a criminal case, including witness testimony, statements made to police, physical and forensic evidence, documents, photographs, and electronic evidence such as text messages, social media, and video. To be used at trial, evidence must be relevant and admissible, and your lawyer can challenge evidence that was improperly obtained or is unreliable.
How important are surveillance videos in criminal cases?
Surveillance and video evidence can be significant, but it is rarely the whole story. Footage may be unclear, incomplete, or open to interpretation, and the angle, lighting, and timing can all affect what it actually shows. A careful review can reveal that a video does not prove what the Crown suggests, or that it supports the defence. We examine all video evidence closely, along with how and when it was obtained.
Do you represent both adults and youth charged with offences?
Yes, We represent both adults and young persons charged with criminal offences. Cases involving youth are handled under the Youth Criminal Justice Act, which has its own procedures, protections, and sentencing principles focused on rehabilitation. We tailor the defence to the client, whether the matter is in adult or youth court.
SMART | CRIMINAL LAW
39 Bond St E., Unit #4, Oshawa, Ontario, L1G1B2
Criminal Defence Lawyer Serving Durham Region including Oshawa, Whitby, Brooklin , Ajax, Pickering, and Bowmanville
Jeffrey Smart Legal Services Professional Corporation, Registered as " Smart | Criminal Law"
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