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Difference between revisions of "I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court"
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I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court (view source)
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{{Template:Legal Help Guide TOC}}If you are charged with a criminal or youth offence, it means that, unless you are sent for '''diversion''', '''restorative justice''' or '''alternative measures''' (see the section in this Guide titled "[[I've been accused of a criminal offence and have been offered "diversion", "restorative justice" or "alternative measures"|I've been offered 'diversion']]"), you will have to | {{Template:Legal Help Guide TOC}}If you are charged with a criminal or youth offence, it means that, unless you are sent for '''diversion''', '''restorative justice''' or '''alternative measures''' (see the section in this Guide titled "[[I've been accused of a criminal offence and have been offered "diversion", "restorative justice" or "alternative measures"|I've been offered 'diversion']]"), you will have to resolve the charge in court. You can do this either by pleading guilty and being sentenced by a judge, or by pleading not guilty and going to trial. If you are convicted at trial, you will be sentenced by a judge. | ||
==First steps== | ==First steps== | ||
# If the police want to speak with you, you have the right to contact a lawyer for advice first. Many criminal lawyers (see Yellow | # If the police want to speak with you, you have the right to contact a lawyer for advice first. Many criminal lawyers (see the Yellow Pages) will do this at no charge. You can also call a lawyer through the “Brydges Line” at 1-866-458-5500. This service is provided free of charge by the Legal Services Society and is available across the province, 24 hours a day, seven days a week. It is almost always advisable that you don't discuss the case with the police and certainly not before speaking with a lawyer. | ||
# If you cannot afford a lawyer on your own, see if you qualify for legal aid representation. (See [[Legal Aid Representation|legal aid representation]] in the [[Resource List]] | # If you cannot afford a lawyer on your own, see if you qualify for legal aid representation. (See [[Legal Aid Representation|legal aid representation]] in the [[Resource List]] for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. Note that you may not be able to apply for legal aid representation until you have attended your '''first appearance''' in court (see Step 4 below) and found out the Crown Counsel's '''initial sentencing position'''. | ||
# Go to court on the date shown on your "''' | # Go to court on the date shown on your "'''promise to appear'''" or other police document. | ||
# Get a copy of the '''circumstances''' (police report) from the Crown Counsel (prosecutor) and '''information''' (charges) from the court clerk. Ask for an '''adjournment''' (delay) for 2 weeks or more so you can consult with a lawyer. If there is a '''duty counsel'''— a lawyer who helps people who don't have their own lawyer — at the courthouse, he or she can help you with this step. | # Get a copy of your "disclosure". This package will contain the details of the charges against you. It includes the '''circumstances''' (police report) from the Crown Counsel (prosecutor) and the '''information''' (charges) from the court clerk. Ask for an '''adjournment''' (delay) for 2 weeks or more so you can consult with a lawyer. If there is a '''duty counsel'''— a lawyer who helps people who don't have their own lawyer — at the courthouse, he or she can help you with this step. | ||
== What happens next == | == What happens next == | ||
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== Where to get help == | == Where to get help == | ||
See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are: | See the [[Resource List]] in this Guide for a list of helpful resources. Your best bets are: | ||
* [[Legal Aid Representation]], to see if you qualify for legal aid. | * [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid. | ||
* [[Duty Counsel|Criminal duty counsel]], for assistance on the day you have to appear in court. | * [[Duty Counsel|Criminal duty counsel]], for assistance on the day you have to appear in court. | ||
* [[Native Courtworkers]], for aboriginal clients. | * [[Native Courtworkers]], for aboriginal clients. | ||
* [[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], [[Private Bar Lawyers]]. | * [[Access Pro Bono]], [[Lawyer Referral Service]], [[Salvation Army Pro Bono Lawyer Consultation Program]], and [[Private Bar Lawyers]]. | ||
* Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1031 "I’ve been charged with a crime. How do I defend myself?"] and [http://www.clicklaw.bc.ca/question/commonquestion/1053 "What does the judge consider in sentencing an Aboriginal person?"]as well as the fact sheet series [http://www.clicklaw.bc.ca/global/search?k=%22what%20to%20do%20if%20you%20are%20charged%20with%22 "What to do if you are charged with.."] | * The Clicklaw common questions [http://www.clicklaw.bc.ca/question/commonquestion/1031 "I’ve been charged with a crime. How do I defend myself?"] and [http://www.clicklaw.bc.ca/question/commonquestion/1053 "What does the judge consider in sentencing an Aboriginal person?"]as well as the fact sheet series [http://www.clicklaw.bc.ca/global/search?k=%22what%20to%20do%20if%20you%20are%20charged%20with%22 "What to do if you are charged with..."] | ||
Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. | Before meeting with a lawyer or advocate, complete the form [[Preparing for Your Interview]] included in this Guide. Make sure you bring copies of all documents relating to your case. | ||
