Elias Rabinovitch Law

Frequently Asked Questions

Answers, before you ever walk into court.

Straightforward answers to the questions I hear most. If yours is not here, call or email directly.

Getting Started

Getting Started

What does a lawyer do? What areas of law do you practice?

I devote approximately 90% of my practice to criminal defence. However, I also have a special interest in employment law, human rights, and civil litigation. I protect your rights with drive, regardless of the area of law. I always try to achieve the best resolution possible for my clients. In the criminal justice system specifically, however, my primary goal is to protect your rights. Whenever you are charged with a crime, you have the right to be presumed innocent. No one can say you are guilty until they prove it. It is my job to show the court why you are not guilty, or to resolve your case before trial in a better way than whatever the Crown is asking for.

What should I do if I'm charged with a criminal offence?

Take a deep breath. Call or contact me right away so I can protect your rights and guide you through the process clearly from the start.

How quickly should I hire a criminal defence lawyer?

As soon as possible. Early action lets me safeguard your rights and develop the strongest defence strategy before things move further along.

What if I can't afford a lawyer?

I offer block payment options and retainer arrangements. Everyone deserves a proper defence, and I work to make it accessible. Call me and we can talk through what works for your situation.

How do I schedule a consultation?

Call or email me anytime. I offer confidential consultations to discuss your case and guide you on the next steps.

Police & Your Rights

Police & Your Rights

Do I need to speak to the police?

Absolutely not, but you might need to comply with some of their demands.

While you must provide the police with identification if you have been (1) detained, (2) arrested, or (3) stopped in a motor vehicle, you have no obligation to speak to police otherwise.

The only exception would be a roadside breath test, which does not legally count as being detained and therefore does not trigger the right to a lawyer until you are detained or arrested. Legally, you must comply with all police demands for a breath sample. Otherwise, you will be charged with a criminal offence for the refusal. You are entitled to speak to a lawyer only before an intoxilyzer test, not the handheld roadside breath test.

In all other scenarios, speaking to the police without a lawyer can severely harm your case, so call me first.

What if I am arrested at night or on a weekend?

Call me immediately. I provide emergency assistance to ensure your rights are protected at all times.

Can I contact you outside business hours?

Yes. I make myself available for urgent questions and guidance because your situation matters at any hour.

Will information I share with you stay private?

Yes. Lawyer-client privilege fully protects everything you share with me, giving you confidentiality and peace of mind.

Outcomes

Outcomes

Will I have a criminal record?

Not necessarily. Many cases are resolved without a criminal record through measures such as withdrawals, diversions, peace bonds, or discharges. This is especially common for minor offences, first time offenders, and youth charges. Every situation is different, so I review your case carefully to explore every option that protects your record whenever possible.

Will I go to jail?

For those charged with minor offences and with no criminal record, this is highly unlikely. This is not always true, but it is generally uncommon for jail to be on the table for minor missteps. For example, mischief under 5000, simple assault, theft under 5000, harassment, uttering threats, vandalism, purchasing sexual services over age 18, and several other minor offences, will only rarely attract prison time where the accused has no criminal record.

Will my case go to trial?

Most cases are resolved without trial through negotiations (90 percent plus). I'll guide you to the best outcome, whether in court or through resolution. At a certain point, some of my clients may need to make a difficult decision. Sometimes, that is a decision of whether or not to proceed to trial. I have strong negotiation skills with Crown attorneys throughout the GTA, however, in more serious situations, negotiation can only go so far. While it is uncommon, trial can sometimes be the best path forward.

Wait, what is a trial though?

A trial is what you see in the movies.

In essence, a trial is when the accused sits with their lawyer at a bench in front of a judge in a courtroom. Another lawyer, called the prosecution or the Crown, sits on the opposite side.

These two lawyers then argue about whether or not the accused is guilty. Since I am the defence lawyer, I will always argue that you are not guilty. The Crown tries to argue that you are guilty.

At a trial, evidence is used to support both sides' arguments, including witnesses, video footage, written evidence, photographs, and even physical evidence such as clothing or DNA.

Trials can be risky because you never know what the judge or jury is going to decide. If they decide you are guilty, it becomes a more challenging situation. Sentencing options may be limited, and the result is no longer within your control. That is why the decision to go to trial has to be made carefully and strategically, although sometimes it is the best option.

So, when is trial the best option?

Basically, a trial is only viable in two situations: (a) where the evidence is not enough to prove you are guilty, or (b) where the Crown's offers for a resolution before trial are bad or unreasonable.

(a) is self explanatory. If there is not enough evidence to prove guilt beyond a reasonable doubt, a trial will be easier to win.

(b) is more complicated. Sometimes the Crown's offers for a plea deal are terrible, so there is nothing to lose by going to trial. Other times, the Crown's offers are fair and give us a real chance to resolve the case without the risks, stress, and cost of a trial. The key is to weigh the strength of the evidence, the potential outcomes, and what makes sense for you in the long run.

How long does a criminal case take?

This varies widely. It depends on the charges and court schedules. Sometimes a case can be resolved in a few months. Commonly, charges take about six months or as long as a year to complete. Other cases can take even longer.

This is for several reasons. The Crown is backlogged with cases and usually takes at least a couple of months to provide initial disclosure. The Crown often does not want to settle on reasonable terms at first, and it takes time to wear them down. I may also want you to complete upfront work such as volunteering or therapy to improve your chances, and that takes time.

I try to reduce the chances of a prolonged outcome, but my priority is always the most favourable result possible, which unfortunately requires patience.

What is the Crown?

In Canada, the government has a team of lawyers called the Crown. They prosecute your case. Prosecute means they seek to prove why you are guilty and ask the court to punish you in a certain way. It is my job to show the court either why you are not guilty, or why you deserve a lesser punishment than what the Crown asks for.

Working With Me

Working With Me

Can I talk to you before making any decisions?

Absolutely. I encourage questions at any hour and make sure you fully understand every step before deciding on a course of action. My door is always open.

How do you communicate case updates?

I keep you informed directly through phone, email, or meetings, so you always know the status of your case.

Do you handle only serious criminal cases?

No. I handle everything from minor charges to complex cases and treat all cases with the same level of respect.

Will I have to appear in court?

Most cases require at least one appearance. I prepare you fully so you feel supported and confident throughout the process.

What makes you different from other criminal lawyers?

I handle every file personally, no associates, no handoffs. My goal is to make you feel genuinely supported, understood, and confident at every step.

Who else will work on my case?

While I operate independently, I regularly collaborate with a select group of trusted lawyers on certain files. With your consent, I may involve them in your case where it may strengthen your defence. This collaboration will not affect your fees. It is conducted in strict confidence and designed solely to ensure you receive the best representation possible.

Locations & Reach

Locations & Reach

Do you have an office I can meet at?

Yes. My office is at 120 Carlton Street, Suite 205, in downtown Toronto, and I meet clients there in person. If you are outside Toronto or prefer not to come downtown, I am available immediately by phone or Zoom at any hour. For court appearances, I travel to courthouses across Ontario in person — from Brampton and Newmarket to Oshawa, Ottawa, Windsor, and everywhere in between. You will always have me, not an agent or a referral.

Do you serve clients only in Toronto?

No. I represent clients from across Ontario. My office is in downtown Toronto, but I travel to courthouses province-wide for court appearances, and I handle consultations by phone or Zoom for clients anywhere in Ontario. Whether you are in Woodbridge, Brampton, Oshawa, Vaughan, Pickering, Ottawa, Windsor, Sudbury, or further north, I will be there for your court dates.

Can I be represented if I am out of town?

Yes. I handle consultations by phone or Zoom for clients anywhere in Ontario, and I travel to the relevant courthouse in person for all appearances. You do not need to be in Toronto to retain me.

Which courthouses do you work at?

I represent clients across the GTA (Greater Toronto Area) and throughout Ontario, Canada. Some courthouses I frequent include, but are not limited to:

Toronto
10 Armoury Street, Toronto (and associated North York locations)
York Region
50 Eagle Street West, Newmarket (Vaughan, Richmond Hill, Markham, Aurora, Newmarket)
Peel Region
7755 Hurontario Street, Brampton (Brampton and Mississauga)
Halton Region
491 Steeles Ave East, Milton (Burlington, Oakville, Milton)
Durham Region
150 Bond Street East, Oshawa (Pickering, Ajax, Whitby, Oshawa)
Simcoe (Norfolk County)
50 Frederick Hobson VC Drive, Simcoe
Hamilton Region
45 Main Street East, Hamilton (Hamilton, Stoney Creek, Ancaster)
Guelph
36 Wyndham Street South, Guelph
Waterloo
85 Frederick Street, Kitchener (Kitchener, Waterloo, Cambridge)
Dufferin Region
10 Louisa Street, Orangeville
Barrie Region
75 Mulcaster Street, Barrie
Ottawa
161 Elgin Street, Ottawa, ON
Bradford West Gwillimbury
57 Holland Street East, Bradford
Niagara Falls
4635 Queen Street, Niagara Falls
London (Middlesex County)
80 Dundas Street, London
Woodstock
415 Hunter Street, Woodstock
Windsor Essex
200 Chatham Street, Windsor, ON
Other Practice Areas

Other Practice Areas

I need help with civil litigation, an employment issue, or a human rights claim. Will this be expensive, and do we need to go to court?

The litigation process can be expensive, but the ultimate goal is to secure you a settlement that substantially offsets the costs of litigation. Often, formal court proceedings may be limited or unnecessary. In other cases, more substantial motions may be required. Fortunately, in civil matters like these, trials, while not impossible, are exceptionally rare (unlike in criminal law).

I think I was wrongfully dismissed. What does that actually mean?

In Ontario, "wrongful dismissal" usually means you were fired without being given proper notice or severance. It does not necessarily mean the employer had no reason to let you go, it means they didn't pay out what the law (or your contract) requires.

Many employees walk away with far less than they're entitled to because they don't realize the minimums in their employment contract often understate what they're actually owed. Before you sign anything from your employer, let me review it.

How quickly should I act after being fired or laid off?

Quickly. There are tight limitation periods on employment claims in Ontario, and employers will often pressure you to sign a release within a short window in exchange for severance. Once you sign, it is very difficult to undo. Reach out before signing anything, even a quick consultation can change the outcome significantly.

What is severance and what am I entitled to?

Severance is the compensation you receive when your employment ends without cause. In Ontario, you are generally entitled to the greater of (a) what your contract specifies, (b) the minimums under the Employment Standards Act, or (c) the "reasonable notice" set by common law, which can be significantly more than the statutory minimum.

The right number depends on your age, position, length of service, and how hard it will be to find comparable work. I can review your situation and give you a realistic range.

What is a Human Rights claim and how do I know if I have one?

You may have a human rights claim if you have been treated differently or unfairly because of a protected ground, such as race, gender, disability, age, religion, sexual orientation, family status, or several others, in employment, housing, or services.

Common examples include being fired or passed over for promotion after disclosing a disability or pregnancy, being harassed at work for your background, or being denied accommodation for religious or medical reasons. Claims are typically filed with the Human Rights Tribunal of Ontario (HRTO).

What kinds of civil disputes do you handle?

I handle a focused range of civil litigation matters, with particular interest in employment disputes, human rights claims, contract disputes, and matters that involve a mix of civil and criminal issues (for example, defamation tied to a criminal allegation, or restraining orders connected to domestic matters). If your situation does not clearly fit, reach out anyway, I will tell you honestly whether I am the right person, or refer you to someone who is.

Do most civil cases settle without a trial?

Yes. The vast majority of civil and employment matters resolve through negotiation, mediation, or settlement well before trial. Trials in civil cases are rare, expensive, and slow. My job is to negotiate from a position of strength to get you to a fair outcome without the stress and cost of going to court whenever possible.

Still have questions? Let's talk.

Free, confidential consultation. Available 24/7 for emergencies.

647-547-6734