Criminal Law | Burlington and Halton Region
Burlington Criminal Defence Lawyers
Charged with a crime or contacted by police in Halton?
Speak with a lawyer before discussing the allegation. Your first consultation is free and confidential.
- Serving Burlington since 1972
- Recognized by Best Lawyers 2027
- Defense lawyer practicing since 1994
- Free, confidential first consultation
Martin & Hillyer Associates is a Burlington law firm that defends people facing criminal charges across Halton Region. We step in early, at the police station or the bail hearing, and stay with you until your case is over.
A charge is not a conviction. What you do in the next few days can affect how your case proceeds, so get advice before you make any decisions.
Why People in Halton Call Martin & Hillyer Associates
Martin & Hillyer Associates has served the Burlington community for more than 50 years. Our team offers practical guidance to people facing criminal charges and helps them understand the steps ahead.
Founded downtown in 1972. Our office is now at 1005 Skyview Drive.
David Hayward was called to the bar in 1994 and regularly handles bail hearings.
David is frequently appointed to represent accused people living with mental illness.
The firm holds Best Lawyers recognition.
Everything you tell us is confidential.
Charged or Under Investigation? Do This First
If you have been charged with a crime or are under investigation, try to remain calm and get legal advice. You have the right to remain silent, and if you are arrested or detained, you have the right to speak with a lawyer without delay.
- Use your right to silence. Not answering questions can’t be used as evidence that you’re guilty. You have the right to remain silent … use it!
- Ask for a lawyer. Once you’re arrested or detained, police must give you a reasonable chance to call one.
- Don't try explain your side. Not to police, not to the other person, and not online. A friendly chat can become evidence.
- Follow every release condition. Breaking a no-contact order or curfew is a new criminal charge, and you may not be able to get bail again.
- Keep your paperwork. Your release papers list your first court date. Missing court can lead to an arrest warrant and a new criminal charge.
- Write it down. Note what happened while it’s fresh, and share it only with your lawyer.
Criminal Charges We Defend
We defend people facing most Criminal Code charges, whether they are minor or serious.
Assault
Assault charges, from simple assault to assault causing bodily harm and aggravated assault.
Drug Offences
Possession and trafficking charges under the Controlled Drugs and Substances Act.
Fraud
Fraud charges, large or small, including allegations from a workplace.
Theft
Shoplifting, theft under or over $5,000, and possession of stolen property.
Mental Health Concerns
Charges where a mental health condition played a part, including diversion options.
Not Criminally Responsible Defence
Cases where a mental disorder meant you couldn't know what you were doing was wrong.
Criminal Defence
How we build your defence, from the Crown's evidence to trial.
Don’t see your charge? Contact us. We’ll tell you plainly whether we can help.
Help With Bail and Mental Health Cases
If you or someone you love has been arrested, the bail hearing comes first, and it matters. If police decide to hold someone, the detained person must be brought before a Justice as soon as possible, and no later than 24 hours after the arrest. The time to call a lawyer is right away.
David Hayward regularly runs bail hearings. He builds a release plan the court can agree to, often with a surety (a person who supervises you while you’re out on bail).
When a mental health condition is part of the story, the case needs a different approach. David is frequently appointed to represent accused people living with mental illness. He also appears before the Ontario Review Board, which oversees people found Not Criminally Responsible or unfit to stand trial. Learn more about Mental Health Concerns in criminal cases.
Calling on behalf of a family member?
You can contact our office to discuss the situation. If possible, have the following information available:
- Where they're being held
- What they've been charged with, if you know
- Any health issues the court should hear about
- Who could act as a surety
What a Criminal Record Can Cost You
A criminal conviction can have consequences beyond the immediate court case. Depending on the circumstances, it may affect several areas of your life.
- Travel. US border officers can refuse entry for some convictions.
- Work. Many jobs ask for a police record check, especially roles with children or vulnerable people.
- Immigration. Permanent residents and visa holders can face removal from Canada after a conviction.
- Family. A criminal matter can come up in a parenting dispute.
- Time. Clearing a record with a record suspension means waiting years after your sentence ends.
That is why the outcome of your case matters. Depending on the circumstances, possible outcomes may include a withdrawal of the charge, diversion, a peace bond or a discharge. We’ll tell you honestly which options are realistic in your case.
Criminal Defence Across Halton Region
Martin & Hillyer Associates serves people facing criminal charges in Burlington, Oakville, Milton, Halton Hills, and surrounding communities.
Criminal matters from the Halton area may be heard at the Milton courthouse. The appropriate court and process depend on the nature of the charge and the circumstances of the case.
- Ontario Court of Justice. Handles most criminal cases in Halton, including bail hearings and youth matters.
- Superior Court of Justice. Hears the most serious charges, such as murder, firearms offences and jury trials.
- Mental health court stream. Halton’s court offers a path toward diversion when a charge is linked to mental illness.
- Halton Regional Police. Most charges in Burlington, Oakville, Milton and Halton Hills are laid by Halton Regional Police.
Our office is in north Burlington on Skyview Drive, a short drive from the Milton courthouse. You can meet with us in person, by phone or by video.
What Happens When You Call Us
Taking the first step can feel difficult. We aim to make the process clear so you understand what happens next.
Free consultation.
Tell us what happened. We can discuss the matter, answer initial questions and explain the next steps. It’s confidential, and there’s no obligation.
We get to work.
If there’s a bail hearing, we prepare the release plan. If not, we request disclosure, which is the Crown’s evidence against you.
Honest advice.
We review the evidence and explain your options in plain language, including the risks.
Your defence.
We negotiate with the Crown or take your case to trial. You’ll know what’s happening at every step.
Meet Your Defence Lawyer
David Hayward, Lawyer
David Hayward has practised law in Burlington since 1994. Alongside his civil work, he defends criminal charges, with a focus on bail hearings and cases involving mental health. He also appears before the Ontario Review Board.
Outside the office, David is a Director and Past President of Acclaim Health, a Halton charity that provides health and home care.
Criminal Law Questions We Hear Most
Should I talk to police if I haven't been charged?
No, not until you’ve spoken to a lawyer. You have the right to stay silent, and anything you say can be used as evidence later. A short call with a lawyer first can protect you.
How quickly is a bail hearing held in Halton?
Usually within 24 hours of an arrest. The Criminal Code requires police to bring an arrested person before a justice within 24 hours, or as soon as possible if no justice is available. In Halton, bail court sits at the Milton courthouse.
Will a criminal charge give me a criminal record?
Not automatically. A charge is an allegation, and a criminal conviction only comes if you plead guilty or are found guilty. Outcomes like a withdrawal, a peace bond or an absolute discharge don’t result in a conviction, although some can stay on police databases for a period of time.
How much does a criminal defence lawyer cost?
It depends on the charge and how far the case goes. A bail hearing or an early resolution usually costs less than a trial. At your free consultation, we’ll explain our fees before you commit to anything.
What does Not Criminally Responsible mean?
It means a court found that a mental disorder left you unable to understand what you were doing or to know it was wrong. Instead of a sentence, your case goes to the Ontario Review Board, which decides on treatment, supervision and when you can return to the community.
Can a family member call you if someone has been arrested?
Yes. Family members often make the first call. Tell us where the person is being held and what the charge is, and we’ll explain the next steps, including how a surety works.
Talk to a Burlington Criminal Defence Lawyer Today
The sooner you get legal advice, the sooner you can begin understanding your options. Request a free, confidential consultation with Martin & Hillyer Associates, and our team will contact you within one business day.
Prefer to call? (905) 637-5641.
1005 Skyview Drive, Suite 200, Burlington, ON L7P 5B1.
Monday to Thursday 9:00 to 5:00, Friday 9:00 to 4:30.