If You Receive an Appearance Notice or Summons: Difference between revisions

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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}}
An '''appearance notice''' and a '''summons''' tell a person they must appear in court to respond to a criminal charge. Learn what to do on getting an appearance notice or summons. 


{{Dial-A-Law TOC|expanded = criminal}}
==What you should know==
This script explains what an appearance notice and a summons are and what to do if you get one of them. Also, check the following related scripts:
*[[Defending Yourself Against a Criminal Charge (Script 211)|211]], called “Defending Yourself Against a Criminal Charge”
*[[Pleading Guilty to a Criminal Charge (Script 212)|212]], called “Pleading Guilty to a Criminal Charge”


==What is an appearance notice? What is a summons?==
===Both documents tell someone they must appear in court===
Both an appearance notice and a summons are official notices telling a person that they have to appear in court at a specific time and place to answer (or respond to) a criminal charge. Usually, a police officer gives you an appearance notice. You may receive a summons in the mail. If you are personally served with either document, but then you (or your representative) do not come to court when the document requires, a warrant may be issued for your arrest. And you could be charged with failing to appear.
Both an appearance notice and a summons are official notices telling a person they have to appear in court at a specific time and place to respond to a criminal charge.


==When are these documents used?==
If someone is not yet charged with a crime, they might be given an '''appearance notice'''.
They are used when the law doesn’t require the person to be arrested. For example, the police will arrest a person suspected of a crime (a suspect) if the person is likely to leave the area and not appear in court. Or the police may need to arrest a suspect to establish the person’s identity, or to prevent an offence from happening again. The police may also have to arrest a suspect to preserve evidence or to have a judge impose conditions on the person. But if there’s no reason to arrest a suspect, the person is simply notified (or told) – by an appearance notice or summons – that they must come to court.


==What’s the difference between an appearance notice and a summons?==
If someone is charged with a crime, they might be given a '''summons'''.
An appearance notice is given to a person before they are charged with an offence. A summons is given to a person once they have been charged with an offence.


For example, say that security guards stop you in a store because they believe you have shoplifted something. They call the police. The police give you an appearance notice that requires you to appear in court at a certain time and place to answer to the charge of theft. But the prosecutor (also called Crown Counsel or Crown) may decide not to approve the charge. If that happens, when you go to Court, your name will not be on the Court list. So when you first go to court you should check with the Court Registry to see if you have been charged.
Both documents say what offence the person has to respond to, and the time and place of their '''first appearance''' in court.


On the other hand, say you were driving home one night, hit a parked car, and just kept on going. A witness saw you and reported the accident to the police. In this case, the police would investigate and recommend that the Crown charge you with an offence. If you are charged, the police may have a summons delivered to you.
If the person does not go to court when the document says they should, a warrant may be issued for their arrest, and they could be charged with an offence (failing to appear in court).


==What do an appearance notice and a summons tell you?==
===The difference between an appearance notice and a summons===
They tell you the date when you have to go to court (see the next section), the location of the court, and the type of offence you are charged with. There are two types of offences: “summary conviction offences” and “indictable offences.” Summary conviction offences are more minor offences, such as causing a disturbance and shoplifting. Indictable offences are more serious. Examples are murder, sexual assault, and breaking and entering.
If someone is not yet charged with a crime, they might be given an '''appearance notice'''.


The appearance notice or summons will usually have paragraph number 2 filled out. This paragraph says you must go to the local police station on a certain date to have your fingerprints and photograph taken. That date will be some time before your first court appearance. No discussion of the offence takes place at this time, and you don’t need a lawyer. If you don’t go for fingerprinting, you can be arrested and charged with the criminal offence of failing to appear (as long as the original charge against you has been filed in the court registry).
For example, say a security guard in a store believes a person shoplifted something. The security guard calls the police. The police might give the person an appearance notice requiring them to appear in court to answer to a charge of theft. But there is not yet a criminal charge. A '''prosecutor''' (also called '''Crown counsel''') has to first approve the charge. The person will learn when they get to court whether the charge was in fact approved, or '''laid'''.


If paragraph 2 on the appearance notice or summons isn’t filled out, you can ignore it.
A '''summons''' is given to a person once they have been charged with an offence.


==What is the date on your appearance notice or summons?==
Let’s say a person while driving home one night hits a parked car, and just keeps on going. A witness sees them and reports the accident to the police. The police investigate and recommend Crown counsel charge the driver with an offence. The police might have a summons delivered to the driver saying they’ve been charged and when they have to appear in court.
The date on the document is just a “first appearance” date when you can tell the court what you plan to do about the charge against you. It’s not a trial date. At your first appearance in court, the Crown gives you information about the charge against you, called the “particulars.” The Crown may also give you his or her position on the sentence, or penalty, that the judge should give you. Usually, the judge will set another date a couple of weeks later, so you and your lawyer have time to receive and review file materials.


==What should you do if you get an appearance notice or a summons?==
===How the documents are delivered===
Get legal advice – speak to a lawyer right away, before you do anything else.
A summons is typically given to someone personally ('''served''' on them). If a person can’t be conveniently found, a summons can be left at their usual or latest place of residence with a person there who appears to be at least 16 years old.


==Summary==
Usually, a police officer gives someone an appearance notice.
If you get an appearance notice or summons, you have to go to court on the date and time shown to answer a criminal charge. If you don’t go, a warrant may be issued for your arrest and you could be charged with failing to appear in court. If the second paragraph has been filled in on the appearance notice or summons, you’ll also have to go to the police station to be fingerprinted and photographed. If you don’t go, a warrant may be issued for your arrest and you could be charged with failing to attend for fingerprints. Speak to a lawyer if you get an appearance notice or a summons.


===If you receive an appearance notice or summons===


[updated January 2014]
====Read the document carefully====


Whether you received an appearance notice or a summons, the document will tell you three important things:


----
* the time and place when you have to go to court,
----
* the type of offence you have to answer to, and
* whether you must go to the local police station to be fingerprinted and photographed.


====The court date====
The document will tell you the date of your '''first appearance''' in court. You must go to court at that time and date. If you don’t, a warrant may be issued for your arrest, and you could be charged with an offence (failing to appear in court).


The first appearance is not a trial. It’s the first step to find out more about the charge against you. The prosecutor will give information (called the '''particulars''' or '''disclosure''') about the charge. They may also give you their '''initial sentencing position''', which is the sentence (or penalty) they think the judge should give you.
At the first appearance, you can tell the court what you plan to do about the charge. Usually, the court will set another date a couple of weeks later, so you have time to review the information and consider your options.
====The offence====
The document will tell you the offence you have to answer to. There are two types of offences. '''Summary conviction''' offences are considered less serious, such as shoplifting or causing a disturbance. '''Indictable''' offences are more serious. Examples are breaking and entering, sexual assault, and murder.
====Fingerprinting====
The document will usually have a paragraph filled out saying you must go to the local police station on a certain date to have your '''fingerprints and photograph''' taken. That date will be before your first court appearance. No discussion of the offence takes place at this time, and you don’t need a lawyer.
If you don’t go for fingerprinting, you can be arrested and charged with the offence of failing to appear (as long as a charge has been laid on the original offence).
===If the document has a mistake===
A mistake in an appearance notice or a summons can make the document invalid. It depends on how serious the mistake is. For example, if the document has the wrong date, it would have to be fixed and given to you again. But if the mistake is just a small typo, it may not have any effect. If you see a mistake in the document, you should still go to court at the required time.
==Work out the problem==
===Step 1. Get legal advice===
If you receive an appearance notice or a summons, '''speak with a lawyer''' before you do anything else. A lawyer can tell you about your legal rights, your options, and the process involved. We suggest options below for finding a lawyer.
===Step 2. Go for fingerprinting (if required)===
If the appearance notice or summons has the paragraph filled out saying you must go to the local police station to be fingerprinted and photographed, '''go at the required time'''.
If you don’t go for fingerprinting, you can be arrested and charged with the offence of failing to appear (as long as a charge has been laid on the original offence).
===Step 3. Go to your first court appearance===
he appearance notice or summons will tell you the date of the first appearance in court. '''Go to court at the required time'''. If you don’t go (or have a representative go on your behalf), a warrant may be issued for your arrest, and you could be charged with failing to appear in court.
If you can’t get a lawyer in advance, most courthouses have lawyers called '''duty counsel'''. They give free legal advice to people who have a case in the courthouse on that day. Duty counsel might be able to help you.
{| class="wikitable"
|align="left"|'''Tip'''
If you have received an appearance notice, when you arrive at the court, check with the court registry or look for the court list to see if you have been charged. Crown counsel may have decided not to approve a criminal charge against you.
|}
==Who can help==
===Finding a lawyer===
Contact '''Legal Aid BC''' to find out if you qualify for a free lawyer under legal aid.
* Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
* [https://lss.bc.ca/legal_aid/criminalLaw.php Visit website]
Call the '''Lawyer Referral Service''' to get the name of a lawyer. The lawyer will meet with you for a free consultation for up to 30 minutes to discuss your case, to help decide whether you would want to hire them.
* Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (toll-free)
* [http://www.accessprobono.ca/lawyer-referral-service Visit website]
===If you can’t find a lawyer===
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.
* Call 250-385-1221 (Victoria) or 604-822-5791 (Lower Mainland)
* Visit [https://www.uvic.ca/law/about/centre/ The Law Centre] (Victoria) or [http://www.lslap.bc.ca/ LSLAP] (Lower Mainland)
You can talk to '''duty counsel''' at the courthouse where your case is if they’re available on your court day. They can give you brief advice and speak for you the first time you appear in court.
* [https://lss.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel.php Visit website]
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Latest revision as of 01:56, 15 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Jordan Allingham, Ferguson Allingham and Paul Briggs, Paul Briggs Law in March 2018.
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An appearance notice and a summons tell a person they must appear in court to respond to a criminal charge. Learn what to do on getting an appearance notice or summons.

What you should know

Both documents tell someone they must appear in court

Both an appearance notice and a summons are official notices telling a person they have to appear in court at a specific time and place to respond to a criminal charge.

If someone is not yet charged with a crime, they might be given an appearance notice.

If someone is charged with a crime, they might be given a summons.

Both documents say what offence the person has to respond to, and the time and place of their first appearance in court.

If the person does not go to court when the document says they should, a warrant may be issued for their arrest, and they could be charged with an offence (failing to appear in court).

The difference between an appearance notice and a summons

If someone is not yet charged with a crime, they might be given an appearance notice.

For example, say a security guard in a store believes a person shoplifted something. The security guard calls the police. The police might give the person an appearance notice requiring them to appear in court to answer to a charge of theft. But there is not yet a criminal charge. A prosecutor (also called Crown counsel) has to first approve the charge. The person will learn when they get to court whether the charge was in fact approved, or laid.

A summons is given to a person once they have been charged with an offence.

Let’s say a person while driving home one night hits a parked car, and just keeps on going. A witness sees them and reports the accident to the police. The police investigate and recommend Crown counsel charge the driver with an offence. The police might have a summons delivered to the driver saying they’ve been charged and when they have to appear in court.

How the documents are delivered

A summons is typically given to someone personally (served on them). If a person can’t be conveniently found, a summons can be left at their usual or latest place of residence with a person there who appears to be at least 16 years old.

Usually, a police officer gives someone an appearance notice.

If you receive an appearance notice or summons

Read the document carefully

Whether you received an appearance notice or a summons, the document will tell you three important things:

  • the time and place when you have to go to court,
  • the type of offence you have to answer to, and
  • whether you must go to the local police station to be fingerprinted and photographed.

The court date

The document will tell you the date of your first appearance in court. You must go to court at that time and date. If you don’t, a warrant may be issued for your arrest, and you could be charged with an offence (failing to appear in court).

The first appearance is not a trial. It’s the first step to find out more about the charge against you. The prosecutor will give information (called the particulars or disclosure) about the charge. They may also give you their initial sentencing position, which is the sentence (or penalty) they think the judge should give you.

At the first appearance, you can tell the court what you plan to do about the charge. Usually, the court will set another date a couple of weeks later, so you have time to review the information and consider your options.

The offence

The document will tell you the offence you have to answer to. There are two types of offences. Summary conviction offences are considered less serious, such as shoplifting or causing a disturbance. Indictable offences are more serious. Examples are breaking and entering, sexual assault, and murder.

Fingerprinting

The document will usually have a paragraph filled out saying you must go to the local police station on a certain date to have your fingerprints and photograph taken. That date will be before your first court appearance. No discussion of the offence takes place at this time, and you don’t need a lawyer.

If you don’t go for fingerprinting, you can be arrested and charged with the offence of failing to appear (as long as a charge has been laid on the original offence).

If the document has a mistake

A mistake in an appearance notice or a summons can make the document invalid. It depends on how serious the mistake is. For example, if the document has the wrong date, it would have to be fixed and given to you again. But if the mistake is just a small typo, it may not have any effect. If you see a mistake in the document, you should still go to court at the required time.

Work out the problem

Step 1. Get legal advice

If you receive an appearance notice or a summons, speak with a lawyer before you do anything else. A lawyer can tell you about your legal rights, your options, and the process involved. We suggest options below for finding a lawyer.

Step 2. Go for fingerprinting (if required)

If the appearance notice or summons has the paragraph filled out saying you must go to the local police station to be fingerprinted and photographed, go at the required time.

If you don’t go for fingerprinting, you can be arrested and charged with the offence of failing to appear (as long as a charge has been laid on the original offence).

Step 3. Go to your first court appearance

he appearance notice or summons will tell you the date of the first appearance in court. Go to court at the required time. If you don’t go (or have a representative go on your behalf), a warrant may be issued for your arrest, and you could be charged with failing to appear in court.

If you can’t get a lawyer in advance, most courthouses have lawyers called duty counsel. They give free legal advice to people who have a case in the courthouse on that day. Duty counsel might be able to help you.

Tip

If you have received an appearance notice, when you arrive at the court, check with the court registry or look for the court list to see if you have been charged. Crown counsel may have decided not to approve a criminal charge against you.

Who can help

Finding a lawyer

Contact Legal Aid BC to find out if you qualify for a free lawyer under legal aid.

  • Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
  • Visit website

Call the Lawyer Referral Service to get the name of a lawyer. The lawyer will meet with you for a free consultation for up to 30 minutes to discuss your case, to help decide whether you would want to hire them.

  • Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (toll-free)
  • Visit website

If you can’t find a lawyer

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.

  • Call 250-385-1221 (Victoria) or 604-822-5791 (Lower Mainland)
  • Visit The Law Centre (Victoria) or LSLAP (Lower Mainland)

You can talk to duty counsel at the courthouse where your case is if they’re available on your court day. They can give you brief advice and speak for you the first time you appear in court.

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