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Difference between revisions of "Defending Yourself Against a Criminal Charge"
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Defending Yourself Against a Criminal Charge (view source)
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Your first appearance date is not the trial date. The first time you appear in court is the date you receive documents called “'''particulars'''” or “'''disclosure'''” from the Crown. Disclosure lists the allegations against you, and what the Crown will rely on to prove you are guilty. | Your first appearance date is not the trial date. The first time you appear in court is the date you receive documents called “'''particulars'''” or “'''disclosure'''” from the Crown. Disclosure lists the allegations against you, and what the Crown will rely on to prove you are guilty. | ||
Make sure you arrive at the time listed in any document that tells you the first date you must be at court. If you do not have a lawyer, tell the | Make sure you arrive at the time listed in any document that tells you the first date you must be at court. If you do not have a lawyer, tell the Sheriff that you are present and wait until your name is called. When your name is called, stand up in front of the judge or justice of the peace and ask the Crown for your disclosure. At this point, ask to adjourn your case (put it on hold) for as long as you need (or the court will allow) to read the disclosure, consult a lawyer, and decide whether to plead guilty or go to trial. | ||
There may be a big difference between what the disclosure says (what the police say you did) and what you believe actually occurred. There may also be things missing from the disclosure that you believe are important to your case. If so, you can ask the Crown to give them to you. | There may be a big difference between what the disclosure says (what the police say you did) and what you believe actually occurred. There may also be things missing from the disclosure that you believe are important to your case. If so, you can ask the Crown to give them to you. | ||
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If you have to defend yourself and you do not understand something during the trial, ask the judge to explain it to you. | If you have to defend yourself and you do not understand something during the trial, ask the judge to explain it to you. | ||
Also, check the [http:// | Also, check the [http://mylawbc.com/pubs/subject.php?sub%5b%5d=9 criminal law publications] from the [http://legalaid.bc.ca/ Legal Services Society]. They explain what to do if you are charged with a crime, how to represent yourself in a criminal trial, and how to speak to the judge before you are sentenced. Other publications explain what to do if you are charged with one of a number of specific offences. | ||
[updated | [updated December 2015] | ||
'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | '''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | ||
