Defending Yourself Against a Criminal Charge - Revision history

Elena Renderos: /* More information */

2020-09-15T02:26:13Z

More information

← Older revision		Revision as of 02:26, 15 September 2020
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	Visit [https://www.uvic.ca/law/about/centre/ The Law Centre] (Victoria) or [https://www.lslap.bc.ca/ LSLAP] (Lower Mainland)		Visit [https://www.uvic.ca/law/about/centre/ The Law Centre] (Victoria) or [https://www.lslap.bc.ca/ LSLAP] (Lower Mainland)

	===~~More~~ information===		===With more information===
	'''Legal Services Society''', the legal aid provider in BC, has a number of criminal law publications. They explain how to represent yourself in a criminal trial, and what to do if you’re charged with specific offences, including assault, theft and mischief.		'''Legal Services Society''', the legal aid provider in BC, has a number of criminal law publications. They explain how to represent yourself in a criminal trial, and what to do if you’re charged with specific offences, including assault, theft and mischief.
	:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]		:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]

Elena Renderos at 02:23, 15 September 2020

2020-09-15T02:23:18Z

Show changes

Elena Renderos: Elena Renderos moved page Defending Yourself Against a Criminal Charge (No. 211) to Defending Yourself Against a Criminal Charge: Removing recording numbers from page names

2020-09-12T00:41:16Z

Elena Renderos moved page Defending Yourself Against a Criminal Charge (No. 211) to Defending Yourself Against a Criminal Charge: Removing recording numbers from page names

← Older revision	Revision as of 00:41, 12 September 2020
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Drew Jackson at 20:32, 25 March 2019

2019-03-25T20:32:08Z

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	{{REVIEWEDPLS \| reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law\|date= March 2018}} {{Dial-A-Law TOC\|expanded = crime}}		{{REVIEWEDPLS \| reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law\|date= March 2018}} {{Dial-A-Law TOC\|expanded = crime}}
	If you are charged with a criminal offence and you cannot afford a lawyer or get legal aid, you may have to defend yourself. Learn your rights and what’s involved.		If you are '''charged with a criminal offence''' and you cannot afford a lawyer or get legal aid, you may have to defend yourself. Learn your rights and what’s involved.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]		:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]


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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos at 05:50, 24 March 2019

2019-03-24T05:50:41Z

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	{{~~Dial~~-A-Law ~~Blurb~~}}		{{REVIEWEDPLS \| reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law\|date= March 2018}} {{Dial-A-Law TOC\|expanded = crime}}

	{{Dial-A-Law TOC\|expanded = ~~criminal~~}}
	If you are charged with a criminal offence and you cannot afford a lawyer or get legal aid, you may have to defend yourself. Learn your rights and what’s involved.		If you are charged with a criminal offence and you cannot afford a lawyer or get legal aid, you may have to defend yourself. Learn your rights and what’s involved.

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	====You can plead “guilty”====		====You can plead “guilty”====
	A '''guilty plea''' means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing. For more details, see our information on [[Pleading Guilty to a Criminal Charge (~~Script~~ 212)\|pleading guilty to a criminal charge (no. 212)]].		A '''guilty plea''' means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing. For more details, see our information on [[Pleading Guilty to a Criminal Charge (No. 212)\|pleading guilty to a criminal charge (no. 212)]].

	====You can ask for more time====		====You can ask for more time====
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	===Step 8. Sentencing===		===Step 8. Sentencing===
	If you are convicted of the criminal charge, the judge will '''sentence''' you. Depending on the offence and your background, the sentence could be a discharge, a fine, probation, or jail. For more on possible sentences, see our information on [[Conditional Sentences, Probation and Discharges (~~Script~~ 203)\|conditional sentences, probation, and discharges (no. 203)]].		If you are convicted of the criminal charge, the judge will '''sentence''' you. Depending on the offence and your background, the sentence could be a discharge, a fine, probation, or jail. For more on possible sentences, see our information on [[Conditional Sentences, Probation, and Discharges (No. 203)\|conditional sentences, probation, and discharges (no. 203)]].

	The judge will want to know something about you before deciding what sentence to give you. Key information includes your age, whether you are married, how many people you support, if you are working, your income, your plans, and why you committed the offence. So be prepared with this information in case the judge asks for it.		The judge will want to know something about you before deciding what sentence to give you. Key information includes your age, whether you are married, how many people you support, if you are working, your income, your plans, and why you committed the offence. So be prepared with this information in case the judge asks for it.
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	~~[updated March 2018]~~

	'''The above was last reviewed for accuracy by [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law.'''
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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

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Drew Jackson: Drew Jackson moved page Defending Yourself Against a Criminal Charge (Script 211) to Defending Yourself Against a Criminal Charge (No. 211): align with new Dial-A-Law website

2019-03-22T15:57:50Z

Drew Jackson moved page Defending Yourself Against a Criminal Charge (Script 211) to Defending Yourself Against a Criminal Charge (No. 211): align with new Dial-A-Law website

← Older revision	Revision as of 15:57, 22 March 2019
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Drew Jackson: /* The prosecutor must prove your guilt beyond a reasonable doubt */

2019-01-30T13:18:50Z

The prosecutor must prove your guilt beyond a reasonable doubt

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	===The prosecutor must prove your guilt beyond a reasonable doubt===		===The prosecutor must prove your guilt beyond a reasonable doubt===
	The '''prosecutor''', also called Crown counsel, must prove you are guilty of the offence. Generally, you don't have to prove anything.		The '''prosecutor''', also called Crown counsel, is the lawyer making the case against you. They must prove you are guilty of the offence. Generally, you don't have to prove anything.

	If the prosecutor doesn’t prove your guilt, the judge will '''acquit''' you (make a legal decision that you’re not guilty).		If the prosecutor doesn’t prove your guilt, the judge will '''acquit''' you (make a legal decision that you’re not guilty).

Drew Jackson at 13:17, 30 January 2019

2019-01-30T13:17:57Z

Dial-A-Law at 21:46, 24 January 2019

2019-01-24T21:46:39Z

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	===You have the right to a fair trial===		===You have the right to a fair trial===
	If your criminal charge goes to a trial, listen carefully and ask the judge to explain anything you don’t understand. The judge has a duty to help you understand the process to ensure a fair trial, but the judge can’t be your lawyer.		If your criminal charge goes to a trial, listen carefully and ask the judge to explain anything you don’t understand. The judge has a duty to help you understand the process to ensure a fair trial, but the judge can’t be your lawyer.


	==The steps in the process==		==The steps in the process==
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	If you can get letters about your character from people, such as an employer, clergyman, or doctor, or even from your family and friends, ask the judge for an adjournment for time to get these letters. Then give them to the judge before you receive your sentence.		If you can get letters about your character from people, such as an employer, clergyman, or doctor, or even from your family and friends, ask the judge for an adjournment for time to get these letters. Then give them to the judge before you receive your sentence.


	==Get help==		==Get help==

Dial-A-Law: /* With your case */

2019-01-24T19:11:15Z

With your case

← Older revision		Revision as of 19:11, 24 January 2019
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	:Web: [https://lss.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel.php legalaid.bc.ca]		:Web: [https://lss.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel.php legalaid.bc.ca]

	At '''student legal clinics'' in the Lower Mainland and Victoria, law students can help if you’re charged with a summary conviction offence (a less serious crime) and likely won’t get a jail sentence if you’re convicted.		At '''student legal clinics''' in the Lower Mainland and Victoria, law students can help if you’re charged with a summary conviction offence (a less serious crime) and likely won’t get a jail sentence if you’re convicted.
	:Telephone: 250-385-1221 in Victoria or 604-822-5791 in the Lower Mainland		:Telephone: 250-385-1221 in Victoria or 604-822-5791 in the Lower Mainland
	:Web: [https://www.uvic.ca/law/about/centre/ uvic.ca/law/about/centre] for Victoria or [http://www.lslap.bc.ca/ lslap.bc.ca] for the Lower Mainland		:Web: [https://www.uvic.ca/law/about/centre/ uvic.ca/law/about/centre] for Victoria or [http://www.lslap.bc.ca/ lslap.bc.ca] for the Lower Mainland

← Older revision		Revision as of 13:17, 30 January 2019
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	===The prosecutor must prove your guilt beyond a reasonable doubt===		===The prosecutor must prove your guilt beyond a reasonable doubt===
	The '''~~Crown~~ prosecutor''', also called Crown counsel, must prove you are guilty of the offence. Generally, you don't have to prove anything.		The '''prosecutor''', also called Crown counsel, must prove you are guilty of the offence. Generally, you don't have to prove anything.

	If the prosecutor doesn’t prove your guilt, the judge will '''acquit''' you (make a legal decision that you’re not guilty).		If the prosecutor doesn’t prove your guilt, the judge will '''acquit''' you (make a legal decision that you’re not guilty).
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	====What happens at the first appearance====		====What happens at the first appearance====
	The first appearance date is not a trial. It’s the first step to find out more about the charge against you. The ~~Crown~~ prosecutor will give information about the charge, in a “'''particulars'''” or “'''disclosure'''” document. It lists the allegations against you, and what the prosecutor will rely on to prove you are guilty.		The first appearance date is not a trial. It’s the first step to find out more about the charge against you. The prosecutor will give information about the charge, in a “'''particulars'''” or “'''disclosure'''” document. It lists the allegations against you, and what the prosecutor will rely on to prove you are guilty.

	The prosecutor may also give you their “initial sentencing position”, which is the '''sentence''' (or penalty) they think the judge should give you.		The prosecutor may also give you their “initial sentencing position”, which is the '''sentence''' (or penalty) they think the judge should give you.

	====When you arrive at court====		====When you arrive at court====
	Make sure you arrive at court on time. If you do not have a lawyer, tell the sheriff you are present. When your name is called, stand up in front of the judge or justice of the peace and introduce yourself. Ask the ~~Crown~~ prosecutor for the disclosure and initial sentencing position.		Make sure you arrive at court on time. If you do not have a lawyer, tell the sheriff you are present. When your name is called, stand up in front of the judge or justice of the peace and introduce yourself. Ask the prosecutor for the disclosure and initial sentencing position.

	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 material, talk with a lawyer, and decide on how to proceed.		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 material, talk with a lawyer, and decide on how to proceed.

	====Read the material carefully====		====Read the material carefully====
	There may be a difference between what the disclosure says (what the police say you did) and what you believe happened. There may be things missing from the disclosure you believe are important to your case. If so, you can ask the ~~Crown~~ prosecutor to give them to you.		There may be a difference between what the disclosure says (what the police say you did) and what you believe happened. There may be things missing from the disclosure you believe are important to your case. If so, you can ask the prosecutor to give them to you.

	===Step 2. Talk with a lawyer===		===Step 2. Talk with a lawyer===
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	====You can plead “not guilty”====		====You can plead “not guilty”====
	Pleading “'''not guilty'''” means you are making the ~~Crown~~ prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the prosecutor must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial.		Pleading “'''not guilty'''” means you are making the prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the prosecutor must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial.

	====You can plead “guilty”====		====You can plead “guilty”====
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	Make sure the ~~Crown~~ prosecutor has given you all the evidence they’ll use (called the '''disclosure'''), such as any documents or witness statements. The prosecutor should also tell you who they’ll call as a witness. You can send the prosecutor a letter or email asking for this information.		Make sure the prosecutor has given you all the evidence they’ll use (called the '''disclosure'''), such as any documents or witness statements. The prosecutor should also tell you who they’ll call as a witness. You can send the prosecutor a letter or email asking for this information.
	\|}		\|}

	===Step 6. The trial===		===Step 6. The trial===
	At your trial in front of a judge, the ~~Crown~~ prosecutor (and you if you choose to) call witnesses and present evidence. The judge decides if you’re not guilty or guilty.		At your trial in front of a judge, the prosecutor (and you if you choose to) call witnesses and present evidence. The judge decides if you’re not guilty or guilty.

	====The Crown must prove its case====		====The Crown must prove its case====
	Before you can present your defence, the ~~Crown~~ prosecutor will present the case against you. The prosecutor must '''prove beyond a reasonable doubt''' that you’re guilty of all the parts (the '''elements''') that make up the crime. To do this, they present evidence to the court, using witnesses or documents. The witnesses will '''testify''' (tell the court) about what they saw or heard. You have the right to '''cross-examine''' (question) each witness. Your questions might try to show weak spots, points they’re not sure of, or that they’re lying.		Before you can present your defence, the prosecutor will present the case against you. The prosecutor must '''prove beyond a reasonable doubt''' that you’re guilty of all the parts (the '''elements''') that make up the crime. To do this, they present evidence to the court, using witnesses or documents. The witnesses will '''testify''' (tell the court) about what they saw or heard. You have the right to '''cross-examine''' (question) each witness. Your questions might try to show weak spots, points they’re not sure of, or that they’re lying.

	====You might make a “no-evidence motion”====		====You might make a “no-evidence motion”====
	For a judge to find you guilty, the ~~Crown~~ prosecutor must prove all the parts of the offence. When the prosecutor finishes presenting their case, if you feel they haven’t proven all the parts, you can make a “'''no-evidence motion'''”. If the judge agrees there is no evidence of an element of the offence, the charge is dismissed.		For a judge to find you guilty, the prosecutor must prove all the parts of the offence. When the prosecutor finishes presenting their case, if you feel they haven’t proven all the parts, you can make a “'''no-evidence motion'''”. If the judge agrees there is no evidence of an element of the offence, the charge is dismissed.

	For example, if you are charged with shoplifting, the ~~Crown~~ prosecutor must prove several things:		For example, if you are charged with shoplifting, the prosecutor must prove several things:
	*you’re the person charged,		*you’re the person charged,
	*you committed the offence,		*you committed the offence,
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	*the offence took place within the court’s jurisdiction.		*the offence took place within the court’s jurisdiction.

	Perhaps the ~~Crown~~ prosecutor’s evidence does not show your intent to take the item without paying for it. Instead, the evidence makes it appear you simply forgot to pay for the item. In this case, you might make a no-evidence motion. You would stand up and tell the judge there is no evidence of your intent to commit the crime. If the judge agrees, the charge would be dismissed.		Perhaps the prosecutor’s evidence does not show your intent to take the item without paying for it. Instead, the evidence makes it appear you simply forgot to pay for the item. In this case, you might make a no-evidence motion. You would stand up and tell the judge there is no evidence of your intent to commit the crime. If the judge agrees, the charge would be dismissed.

	====Presenting your defence====		====Presenting your defence====
	If you don't make a no-evidence motion (or you do but the judge doesn’t agree with you), you can present your defence. You can use documents, call witnesses, and, if you like, give your own personal '''testimony'''.		If you don't make a no-evidence motion (or you do but the judge doesn’t agree with you), you can present your defence. You can use documents, call witnesses, and, if you like, give your own personal '''testimony'''.

	If you call witnesses, you question them first, and then the ~~Crown~~ prosecutor may '''cross-examine''' (question) them. If you want to use a document, it usually has to be presented to court by a witness to confirm that it’s real.		If you call witnesses, you question them first, and then the prosecutor may '''cross-examine''' (question) them. If you want to use a document, it usually has to be presented to court by a witness to confirm that it’s real.

	You can testify yourself, but you don’t have to. You have a right to remain silent. If you choose to testify, you must speak under oath. The ~~Crown~~ prosecutor can cross-examine you.		You can testify yourself, but you don’t have to. You have a right to remain silent. If you choose to testify, you must speak under oath. The prosecutor can cross-examine you.

	====Closing your case====		====Closing your case====
	After you’ve finished presenting your defence, you’ll close your case. Tell the judge why you think the ~~Crown~~ prosecutor didn’t prove that you’re guilty beyond a reasonable doubt. This summary is called your '''submission'''.		After you’ve finished presenting your defence, you’ll close your case. Tell the judge why you think the prosecutor didn’t prove that you’re guilty beyond a reasonable doubt. This summary is called your '''submission'''.

	===Step 7. The judge’s decision===		===Step 7. The judge’s decision===
	After the ~~Crown~~ prosecutor and you finish your submissions, the judge gives their decision, or '''verdict'''.		After the prosecutor and you finish your submissions, the judge gives their decision, or '''verdict'''.

	If you are found “not guilty”, you are '''acquitted'''. The charge is dismissed, and you are free to go.		If you are found “not guilty”, you are '''acquitted'''. The charge is dismissed, and you are free to go.