Difference between revisions of "I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court"

{{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 <span class="noglossary">justice</span>'' 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 <span class="noglossary">will</span> have to resolve the charge in court. You can do this either by <span class="noglossary">pleading</span> guilty and being sentenced by a judge, or by <span class="noglossary">pleading</span> not guilty and going to trial. If you are convicted at trial, you <span class="noglossary">will</span> be sentenced by a judge.

#If the police want to speak with you, you have the right to <span class="noglossary">contact</span> a lawyer for advice first. Many criminal lawyers (see the Yellow Pages) <span class="noglossary">will</span> 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 refuse to <span class="noglossary">answer</span> questions or discuss the case with the police and certainly not before speaking with a lawyer.

#Get a copy of your <span class="noglossary">''disclosure''</span>. This package <span class="noglossary">will</span> 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 two 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.

Once you have decided how you <span class="noglossary">will</span> plead (guilty or not guilty), you or your lawyer <span class="noglossary">will</span> have to tell the judge. If you plead guilty, you <span class="noglossary">will</span> probably be sentenced right away. If you plead not guilty, the court <span class="noglossary">will</span> hold an ''arraignment hearing'' and ask both the prosecutor and you or your lawyer how long the trial <span class="noglossary">will</span> take. Then you <span class="noglossary">will</span> have to set a date for the trial. Before the trial, you or your lawyer <span class="noglossary">will</span> probably have to appear at a ''trial confirmation hearing''. (The process is more complicated for ''indictable charges'' such as aggravated assault or breaking and entering a dwelling; indictable offences are considered more serious than ''summary'' offences.)

If you are found not guilty, the matter <span class="noglossary">will</span> be over and you <span class="noglossary">will</span> be free to leave the court. Any bail conditions that were imposed on you <span class="noglossary">will</span> expire.