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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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{{Dial-A-Law TOC|expanded = criminal}} | {{Dial-A-Law TOC|expanded = criminal}} | ||
If you are charged with a criminal offence, you may not be able to afford a lawyer or get legal aid. In that case, you may have to defend yourself. This script explains how to do so. You should defend yourself only as a last resort – the laws and the process can be complicated | If you are charged with a criminal offence, you may not be able to afford a lawyer or get legal aid. In that case, you may have to defend yourself. This script explains how to do so. You should defend yourself only as a last resort – the laws and the process can be complicated. | ||
'''See if you can get legal aid'''—contact the [http://www.legalaid.bc.ca/ Legal Services Society] (LSS) at any of its [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.php#legalAidOffices legal aid office locations]. You can also call the LSS province-wide Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC). | |||
Check the following scripts: | |||
*[[If You Receive an Appearance Notice or Summons (Script 210)|210]], called “If You Receive an Appearance Notice or Summons” | *[[If You Receive an Appearance Notice or Summons (Script 210)|210]], called “If You Receive an Appearance Notice or Summons” | ||
*[[Pleading Guilty to a Criminal Charge (Script 212)|212]], called “Pleading Guilty to a Criminal Charge” | *[[Pleading Guilty to a Criminal Charge (Script 212)|212]], called “Pleading Guilty to a Criminal Charge” | ||
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==First appearance== | ==First appearance== | ||
Your first appearance date is not the trial date. The first time you appear in court is the date you receive documents called | 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 Sherriff 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. | 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 Sherriff 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. | ||
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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. | ||
Your next appearance in court will be an | Your next appearance in court will be an “'''arraignment hearing'''” where you will plead “not guilty” or “guilty”. | ||
==How do you plead?== | ==How do you plead?== | ||
Before the trial, at an “arraignment hearing”, the court may ask you how you plead – guilty or not guilty. This is called ''entering a plea''. If you don't do so, the court will enter a plea of “not guilty” for you. Pleading “not guilty” does not mean that you deny you committed the offence. It means that you are making the Crown prove the case against you, if they can. If you plead not guilty, the judge presumes you are innocent unless the Crown proves that you are guilty. | Before the trial, at an “arraignment hearing”, the court may ask you how you plead – '''guilty''' or '''not guilty'''. This is called '''entering a plea'''. If you don't do so, the court will enter a plea of “not guilty” for you. Pleading “not guilty” does not mean that you deny you committed the offence. It means that you are making the Crown prove the case against you, if they can. If you plead not guilty, the judge presumes you are innocent unless the Crown proves that you are guilty. | ||
==What happens if you plead not guilty?== | ==What happens if you plead not guilty?== | ||
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==The trial== | ==The trial== | ||
The trial starts with the formal charge being read to you. The judge will confirm that you pleaded not guilty and then ask the Crown to proceed. The Crown will try to prove you are guilty by calling its witnesses and questioning them. They will tell the court (testify) about what they saw or heard about the case. You have the right to question (cross-examine) each witness the Crown uses. You would question them to weaken their testimony by showing that they have a poor memory, or are mistaken or lying. | The trial starts with the formal charge being read to you. The judge will confirm that you pleaded not guilty and then ask the Crown to proceed. The Crown will try to prove you are guilty by calling its witnesses and questioning them. They will tell the court ('''testify''') about what they saw or heard about the case. You have the right to question ('''cross-examine''') each witness the Crown uses. You would question them to weaken their testimony by showing that they have a poor memory, or are mistaken or lying. | ||
==Should you make a “no-evidence motion”?== | ==Should you make a “no-evidence motion”?== | ||
When the last witness for the Crown has finished testifying, you may want to make a | When the last witness for the Crown has finished testifying, you may want to make a “'''no-evidence motion'''”. It depends on whether the Crown has proven all the parts of the offence. For example, if you are charged with possession of marijuana, the Crown must prove several things. First, that you were the person who had it; second, where and when you had it; third, that you had knowledge and control of the marijuana; and fourth, that it really was marijuana. If the witnesses cannot identify you as the person who possessed the marijuana, there is no evidence on the first thing, your identity. So you would stand up and tell the judge that there is no evidence that you possessed the marijuana. If the judge agrees, the charge must be dismissed. | ||
==Should you use witnesses?== | ==Should you use witnesses?== | ||
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==What submission should you make?== | ==What submission should you make?== | ||
The next step in the trial is called | The next step in the trial is called “'''submissions'''”. After all the Crown’s witnesses have testified, and after you have either called your witnesses or have decided not to call any, both you and the Crown can summarize your cases. The Crown can explain to the judge why you are guilty, and you can explain why you are not guilty. All you have to do is raise a reasonable doubt in the judge's mind. If you do, the judge has to find you not guilty. | ||
==What happens when the judge announces the verdict?== | ==What happens when the judge announces the verdict?== | ||
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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://www.legalaid.bc.ca/publications/subject.php?sub=9 criminal law publications] on the Legal Services Society website | Also, check the [http://www.legalaid.bc.ca/publications/subject.php?sub=9 criminal law publications] on the Legal Services Society website. Click “Our publications” and then “Criminal law”. 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 several specific offences. | ||
[updated | [updated November 2015] | ||
'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | |||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
{{Dial-A-Law_Navbox|type=crim}} | {{Dial-A-Law_Navbox|type=crim}} | ||
