What Happens In Criminal Court?
First Appearance
If you are charged, you will appear in court. The “first appearance” date basically involves checking-in date with the court to get the process going. The court will ask if you have a lawyer and will suggest that you get a lawyer. If you do not appear, an arrest warrant may issue.
You will have many court dates on a regular basis after the first appearance. If you retain us, we can attend all these appearances for you, including the first one, as your “agent,” and you do not need to worry at all about going to court. From your perspective, nothing will be happening in court for a couple or so months.
Disclosure From The Crown
However, outside of court, key developments will be taking place. Usually within the first month or two of the first appearance, we will receive disclosure from the Crown. This consists of police reports and investigation materials. The disclosure sets out the evidence alleged against you.
We will then advise you on what specifically the case and evidence is against you. We will hear your side of the story. Based on all this, we will advise you of your options. You will now, for the first time, be able to make an informed decision about what to do with your case. Generally, there are two options: make a deal or have a trial. We will tell you our recommendation and the reasons for it, and you will decide what you want to do.
Next Step Is To Enter a Plea
It’s at this point that the first key step in court happens: you will enter a plea of guilty or not guilty. If you plead guilty, you must attend court. You will then be sentenced at the same time or later. You must be present for the sentencing.
If you plead not guilty, we can do that as your agent and you don’t have to come to court. You will get a date for trial down the road. The trial, you must attend. A trial is when the witnesses come to court, say their piece, and get questioned by the lawyers. You can give evidence at the trial, or not. These are all things we would discuss together. The judge then decides what happened. If you are found not guilty, congratulations – the case against you is over. If you are found guilty, we proceed to sentencing.
Representation IS Critical
Remember how we mentioned that just the word of a complaining person can get you charged? Just that same word can ultimately get you convicted, give you a criminal record, make you a registered sex offender, lose you any hope of owing firearms, get your DNA to the government, and send you to jail. This is not exaggeration or dramatic. This is how the Canadian legal system works.
If You Have Been Criminally Charged You NEED a Lawyer.
If you are charged, you will need a lawyer. A good criminal defence is like a game of chess with your future at stake. Each move builds on the last. You need to anticipate your next moves and your opponent’s. You will need to use tactics and strategy. Our lawyers are very familiar with this game.
Call us at 250-713-8821 or use this online form.