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

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# If the police want to speak with you, you have the right to contact a lawyer for advice first. Many criminal lawyers (see the Yellow Pages) will 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 don't discuss the case with the police and certainly not before speaking with a lawyer.
# If the police want to speak with you, you have the right to contact a lawyer for advice first. Many criminal lawyers (see the Yellow Pages) will 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 don't discuss the case with the police and certainly not before speaking with a lawyer.
# If you cannot afford a lawyer on your own, see if you qualify for legal aid representation. (See [[Legal Aid Representation|legal aid representation]] in the [[Resource List]] for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. Note that you may not be able to apply for legal aid representation until you have attended your '''first appearance''' in court (see Step 4 below) and found out the Crown Counsel's '''initial sentencing position'''.
# If you cannot afford a lawyer on your own, see if you qualify for legal aid representation. (See [[Legal Aid Representation|legal aid representation]] in the [[Resource List]] for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. Note that you may not be able to apply for legal aid representation until you have attended your '''first appearance''' in court (see Step 4 below) and found out the Crown Counsel's '''initial sentencing position'''.
# Go to court on the date shown on your "'''promise to appear'''" or other police document.
# Go to court on the date shown on your "'''promise to appear'''" or other police release document.
# Get a copy of your "disclosure". This package will 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.
# Get a copy of your "disclosure". This package will 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.


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