Initial Client Intake for Criminal Matters (1:III) - Revision history

Desy Wahyuni: /* 3. The trial has already been set */

2015-12-09T05:10:55Z

3. The trial has already been set

← Older revision		Revision as of 05:10, 9 December 2015
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	LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the client can be advised to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the client should be advised that LSLAP cannot act and it is their responsibility to seek other counsel.		LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the client can be advised to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the client should be advised that LSLAP cannot act and it is their responsibility to seek other counsel.

	:'''Note:''' Several pamphlets available from the Legal Services Society may help a client prepare for his or her own trial. These include: "Representing Yourself in a Criminal Trial," "Speaking to the Judge Before you are Sentenced," and "If you are Charged with a Crime".		*'''Note:''' Several pamphlets available from the Legal Services Society may help a client prepare for his or her own trial. These include: "Representing Yourself in a Criminal Trial," "Speaking to the Judge Before you are Sentenced," and "If you are Charged with a Crime".

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Desy Wahyuni at 06:15, 29 September 2015

2015-09-29T06:15:39Z

← Older revision		Revision as of 06:15, 29 September 2015
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	=== 4. Client failed to appear ===		=== 4. Client failed to appear ===
	Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for his or her arrest. This can be verified online on the CSO website (see box above for link). The client must be advised to report to the courthouse and apply to "vacate the warrant". The client must be advised to turn himself or herself in immediately.		Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for his or her arrest. This can be verified online on the CSO website (see box above for link). The client must be advised to report to the courthouse and apply to "vacate the warrant". The client must be advised to turn himself or herself in immediately.

			== B. Discuss LSLAP file procedures and policies with the client ==
			The clinician must establish certain "ground rules" to govern the relationship between clinician and client in a criminal file:
			#The client will attend all court appearances as required. LSLAP clinicians will not appear as agents for their clients.
			#Counsel represents the client, and as such it is the clinician who is in charge of the file. While the client may assist in their own defence and can give the clinician specific instructions, it is the clinician who contacts Crown and other parties.
			#The client cannot request another law student; the client can either be represented by the clinician they are assigned, or they can seek alternate representation outside of LSLAP.
			#Clinicians cannot follow illegal or unethical instructions, such as tampering with witnesses or counselling a Crown witness not to attend court. Clinicians also cannot put the client on the stand knowing that the client will be untruthful and commit perjury. Students should be advised to speak to a supervising lawyer if there are any emerging ethical concerns.

Desy Wahyuni: /* 1. Client comes to the clinic before the first appearance date */

2015-09-29T06:12:11Z

1. Client comes to the clinic before the first appearance date

← Older revision		Revision as of 06:12, 29 September 2015
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	=== 1. Client comes to the clinic before the first appearance date ===		=== 1. Client comes to the clinic before the first appearance date ===
	The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief		The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial ''never'' proceeds at that time. If the time before the first appearance date is brief
	1-4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client's "side of the story" until particulars are obtained and they have met with the supervising lawyer.		1-4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client's "side of the story" until particulars are obtained and they have met with the supervising lawyer.

Desy Wahyuni at 22:59, 25 September 2015

2015-09-25T22:59:53Z

Desy Wahyuni at 22:20, 25 September 2015

2015-09-25T22:20:37Z

@@ Line 15: / Line 15: @@
 :'''Note:'''  Several pamphlets available from the Legal Services Society may help a client prepare for his or her own trial. These include: "Representing Yourself in a Criminal Trial," "Speaking to the Judge Before you are Sentenced," and "If you are Charged with a Crime".
 === 4. Client failed to appear ===
 Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for his or her arrest. This can be verified online on the CSO website (see box above for link). The client must  be advised  to report to  the courthouse  and  apply  to "vacate the warrant". The client must be advised to turn himself or herself in immediately.

Desy Wahyuni at 22:00, 25 September 2015

2015-09-25T22:00:34Z

@@ Line 1: / Line 1: @@
-A. Determine the Status of the File
+{{LSLAP Manual TOC|expanded = criminal}}
-When a client comes into the clinic and informs a clinician that he or she must appear in court, the first thing to do is determine the nature of the next appearance. 1.Client Comes to the Clinic Before the First Appearance Date The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief
--4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client’s “side of the story” until particulars are obtained and they have met with the supervising lawyer. 2.Client Has Already Appeared in Court If  the client has  only appeared in court  once, he  or  she  has likely already been granted an adjournment to retain counsel. If the client has appeared in court on a number of occasions, the Justice of the Peace (JP) might not grant another adjournment, and a trial date may be set at the next appearance. A judge, however, has discretion to allow further adjournments when there are extenuating circumstances, like LSLAP black-out dates.  3.The Trial has Already Been Set LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the client can be advised to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the client  should  be advised  that LSLAP cannot act  and it is  their responsibility  to  seek other counsel. NOTE:  Several pamphlets available from the Legal Services Society may help a client prepare for his or her own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.
+== A. Determine the status of the file ==

Desy Wahyuni: Created page with "A. Determine the Status of the File When a client comes into the clinic and informs a clinician that he or she must appear in court, the first thing to do is determine the nat..."

2015-09-25T21:26:51Z

Created page with "A. Determine the Status of the File When a client comes into the clinic and informs a clinician that he or she must appear in court, the first thing to do is determine the nat..."

New page

A. Determine the Status of the File
When a client comes into the clinic and informs a clinician that he or she must appear in court, the first thing to do is determine the nature of the next appearance. 1.Client Comes to the Clinic Before the First Appearance Date The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief
1-4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client’s “side of the story” until particulars are obtained and they have met with the supervising lawyer. 2.Client Has Already Appeared in Court If the client has only appeared in court once, he or she has likely already been granted an adjournment to retain counsel. If the client has appeared in court on a number of occasions, the Justice of the Peace (JP) might not grant another adjournment, and a trial date may be set at the next appearance. A judge, however, has discretion to allow further adjournments when there are extenuating circumstances, like LSLAP black-out dates. 3.The Trial has Already Been Set LSLAP cannot represent a client unless the trial is more than 3 months away. If the trial date is sooner, the client can be advised to ask for an adjournment of the trial to a later date. This can be done at the Trial Confirmation Hearing or earlier. If the adjournment is not granted, the client should be advised that LSLAP cannot act and it is their responsibility to seek other counsel. NOTE: Several pamphlets available from the Legal Services Society may help a client prepare for his or her own trial. These include: “Representing Yourself in a Criminal Trial,” “Speaking to the Judge Before you are Sentenced,” and “If you are Charged with a Crime”.

← Older revision		Revision as of 22:59, 25 September 2015
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	=== 1. Client comes to the clinic before the first appearance date ===		=== 1. Client comes to the clinic before the first appearance date ===
	The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief		The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief
	1-4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the ~~client’s~~ "side of the story" until particulars are obtained and they have met with the supervising lawyer.		1-4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client's "side of the story" until particulars are obtained and they have met with the supervising lawyer.

	=== 2. Client has already appeared in court ===		=== 2. Client has already appeared in court ===
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			! colspan="3" style="font-style: italic;text-align: left;" \| Practice Recommendation - File Intake (Continued)
	\|-		\|-
	\| colspan="3" style="font-weight: bold;" \| Vancouver’s Downtown Community Court (DCC)		\| colspan="3" style="font-weight: bold;" \| Vancouver’s Downtown Community Court (DCC)
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	\| colspan="3" style="font-weight: bold;" \| Drug Treatment Court Vancouver (DTCV)		\| colspan="3" style="font-weight: bold;" \| Drug Treatment Court Vancouver (DTCV)
	\|-		\|-
	\| colspan="3" \| The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the Controlled Drugs & Substance Abuse Act and other drug-motivated Criminal Code offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities.		\| colspan="3" \| The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the ''Controlled Drugs & Substance Abuse Act'' and other drug-motivated ''Criminal Code'' offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities.
	\|}		\|}

	=== 4. Client failed to appear ===		=== 4. Client failed to appear ===
	Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for his or her arrest. This can be verified online on the CSO website (see box above for link). The client must be advised to report to the courthouse and apply to "vacate the warrant". The client must be advised to turn himself or herself in immediately.		Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for his or her arrest. This can be verified online on the CSO website (see box above for link). The client must be advised to report to the courthouse and apply to "vacate the warrant". The client must be advised to turn himself or herself in immediately.