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Defending Yourself Against a Criminal Charge (view source)
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If you are charged with a criminal offence and you cannot afford a lawyer or get legal aid, you may have to defend yourself. Learn your rights and what’s involved. | If you are charged with a criminal offence and you cannot afford a lawyer or get legal aid, you may have to defend yourself. Learn your rights and what’s involved. | ||
==Understand your legal rights== | |||
= | ===You are presumed innocent=== | ||
==You are presumed innocent== | |||
If you are charged with a criminal offence, the law '''presumes you are innocent'''. As you walk into the court, the judge should be thinking, "I presume this person is innocent". | If you are charged with a criminal offence, the law '''presumes you are innocent'''. As you walk into the court, the judge should be thinking, "I presume this person is innocent". | ||
==The prosecutor must prove your guilt beyond a reasonable doubt== | ===The prosecutor must prove your guilt beyond a reasonable doubt=== | ||
The '''Crown prosecutor''', also called Crown counsel, must prove you are guilty of the offence. Generally, you don't have to prove anything. | The '''Crown prosecutor''', also called Crown counsel, must prove you are guilty of the offence. Generally, you don't have to prove anything. | ||
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The prosecutor must prove your guilt '''beyond a reasonable doubt'''. If the judge has any reasonable doubt about whether you are guilty, they cannot '''convict''' you (find you guilty). If, in considering all the evidence, the judge can’t decide who to believe, they must acquit you. | The prosecutor must prove your guilt '''beyond a reasonable doubt'''. If the judge has any reasonable doubt about whether you are guilty, they cannot '''convict''' you (find you guilty). If, in considering all the evidence, the judge can’t decide who to believe, they must acquit you. | ||
==You have the right to a fair trial== | ===You have the right to a fair trial=== | ||
If your criminal charge goes to a trial, listen carefully and ask the judge to explain anything you don’t understand. The judge has a duty to help you understand the process to ensure a fair trial, but the judge can’t be your lawyer. | If your criminal charge goes to a trial, listen carefully and ask the judge to explain anything you don’t understand. The judge has a duty to help you understand the process to ensure a fair trial, but the judge can’t be your lawyer. | ||
=The steps in the process= | ==The steps in the process== | ||
==The process in Provincial Court== | ===The process in Provincial Court=== | ||
This information describes the process of defending yourself against a criminal charge in Provincial Court. If you are charged with a serious criminal offence, you may have a choice of which level of court will hold your trial, Supreme Court or Provincial Court. If so, you should contact legal aid to find out if you qualify for a free lawyer. Call 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC, or visit [https://lss.bc.ca/legal_aid/criminalLaw.php legalaid.bc.ca]. | This information describes the process of defending yourself against a criminal charge in Provincial Court. If you are charged with a serious criminal offence, you may have a choice of which level of court will hold your trial, Supreme Court or Provincial Court. If so, you should contact legal aid to find out if you qualify for a free lawyer. Call 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC, or visit [https://lss.bc.ca/legal_aid/criminalLaw.php legalaid.bc.ca]. | ||
==Step 1. First appearance== | ===Step 1. First appearance=== | ||
You will have been given a document telling 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). | You will have been given a document telling 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). | ||
===What happens at the first appearance=== | ====What happens at the first appearance==== | ||
The first appearance date is not a trial. It’s the first step to find out more about the charge against you. The Crown prosecutor will give information about the charge, in a “'''particulars'''” or “'''disclosure'''” document. It lists the allegations against you, and what the prosecutor will rely on to prove you are guilty. | The first appearance date is not a trial. It’s the first step to find out more about the charge against you. The Crown prosecutor will give information about the charge, in a “'''particulars'''” or “'''disclosure'''” document. It lists the allegations against you, and what the prosecutor will rely on to prove you are guilty. | ||
The prosecutor may also give you their “initial sentencing position”, which is the '''sentence''' (or penalty) they think the judge should give you. | The prosecutor may also give you their “initial sentencing position”, which is the '''sentence''' (or penalty) they think the judge should give you. | ||
===When you arrive at court=== | ====When you arrive at court==== | ||
Make sure you arrive at court on time. If you do not have a lawyer, tell the sheriff you are present. When your name is called, stand up in front of the judge or justice of the peace and introduce yourself. Ask the Crown prosecutor for the disclosure and initial sentencing position. | Make sure you arrive at court on time. If you do not have a lawyer, tell the sheriff you are present. When your name is called, stand up in front of the judge or justice of the peace and introduce yourself. Ask the Crown prosecutor for the disclosure and initial sentencing position. | ||
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 material, talk with a lawyer, and decide on how to proceed. | 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 material, talk with a lawyer, and decide on how to proceed. | ||
===Read the material carefully=== | ====Read the material carefully==== | ||
There may be a difference between what the disclosure says (what the police say you did) and what you believe happened. There may be things missing from the disclosure you believe are important to your case. If so, you can ask the Crown prosecutor to give them to you. | There may be a difference between what the disclosure says (what the police say you did) and what you believe happened. There may be things missing from the disclosure you believe are important to your case. If so, you can ask the Crown prosecutor to give them to you. | ||
==Step 2. Talk with a lawyer== | ===Step 2. Talk with a lawyer=== | ||
At this point, '''speak with a lawyer''' before you do anything else. A lawyer can tell you about your legal rights and options, how strong the Crown’s case is against you, and what kind of sentence you might get if the judge convicts you (finds you guilty). | At this point, '''speak with a lawyer''' before you do anything else. A lawyer can tell you about your legal rights and options, how strong the Crown’s case is against you, and what kind of sentence you might get if the judge convicts you (finds you guilty). | ||
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==Step 3. Decide how to proceed== | ===Step 3. Decide how to proceed=== | ||
You need to decide how to '''plead''' (respond to the charge against you). In deciding how to proceed, you have three choices. | You need to decide how to '''plead''' (respond to the charge against you). In deciding how to proceed, you have three choices. | ||
===You can plead “not guilty”=== | ====You can plead “not guilty”==== | ||
Pleading “'''not guilty'''” means you are making the Crown prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the prosecutor must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial. | Pleading “'''not guilty'''” means you are making the Crown prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the prosecutor must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial. | ||
===You can plead “guilty”=== | ====You can plead “guilty”==== | ||
A '''guilty plea''' means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing. For more details, see our information on [[Pleading Guilty to a Criminal Charge (Script 212)|pleading guilty to a criminal charge (no. 212)]]. | A '''guilty plea''' means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing. For more details, see our information on [[Pleading Guilty to a Criminal Charge (Script 212)|pleading guilty to a criminal charge (no. 212)]]. | ||
===You can ask for more time=== | ====You can ask for more time==== | ||
You can ask for more time to decide how to plead. The court can give you an '''adjournment'''. The court will set a date for your next court appearance, where you have to decide how you want to plead. | You can ask for more time to decide how to plead. The court can give you an '''adjournment'''. The court will set a date for your next court appearance, where you have to decide how you want to plead. | ||
==Step 4. Arraignment hearing== | ===Step 4. Arraignment hearing=== | ||
The court appearance where you tell the court how you will plead is called an “'''arraignment hearing'''”. At this hearing, you “enter” your plea, telling the court whether you plead “not guilty” or “guilty”. | The court appearance where you tell the court how you will plead is called an “'''arraignment hearing'''”. At this hearing, you “enter” your plea, telling the court whether you plead “not guilty” or “guilty”. | ||
If you plead “not guilty”, the court will give you a trial date. It can be anywhere from a few months to over a year away, depending on the type of charge and the caseload in your local court. | If you plead “not guilty”, the court will give you a trial date. It can be anywhere from a few months to over a year away, depending on the type of charge and the caseload in your local court. | ||
==Step 5. Prepare for the trial== | ===Step 5. Prepare for the trial=== | ||
When you prepare your defence, think about what '''evidence''' (information about the crime) you can use. Evidence includes documents, witnesses, or your own personal '''testimony''' (telling your story). | When you prepare your defence, think about what '''evidence''' (information about the crime) you can use. Evidence includes documents, witnesses, or your own personal '''testimony''' (telling your story). | ||
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==Step 6. The trial== | ===Step 6. The trial=== | ||
At your trial in front of a judge, the Crown prosecutor (and you if you choose to) call witnesses and present evidence. The judge decides if you’re not guilty or guilty. | At your trial in front of a judge, the Crown prosecutor (and you if you choose to) call witnesses and present evidence. The judge decides if you’re not guilty or guilty. | ||
===The Crown must prove its case=== | ====The Crown must prove its case==== | ||
Before you can present your defence, the Crown prosecutor will present the case against you. The prosecutor must '''prove beyond a reasonable doubt''' that you’re guilty of all the parts (the '''elements''') that make up the crime. To do this, they present evidence to the court, using witnesses or documents. The witnesses will '''testify''' (tell the court) about what they saw or heard. You have the right to '''cross-examine''' (question) each witness. Your questions might try to show weak spots, points they’re not sure of, or that they’re lying. | Before you can present your defence, the Crown prosecutor will present the case against you. The prosecutor must '''prove beyond a reasonable doubt''' that you’re guilty of all the parts (the '''elements''') that make up the crime. To do this, they present evidence to the court, using witnesses or documents. The witnesses will '''testify''' (tell the court) about what they saw or heard. You have the right to '''cross-examine''' (question) each witness. Your questions might try to show weak spots, points they’re not sure of, or that they’re lying. | ||
===You might make a “no-evidence motion”=== | ====You might make a “no-evidence motion”==== | ||
For a judge to find you guilty, the Crown prosecutor must prove all the parts of the offence. When the prosecutor finishes presenting their case, if you feel they haven’t proven all the parts, you can make a “'''no-evidence motion'''”. If the judge agrees there is no evidence of an element of the offence, the charge is dismissed. | For a judge to find you guilty, the Crown prosecutor must prove all the parts of the offence. When the prosecutor finishes presenting their case, if you feel they haven’t proven all the parts, you can make a “'''no-evidence motion'''”. If the judge agrees there is no evidence of an element of the offence, the charge is dismissed. | ||
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Perhaps the Crown prosecutor’s evidence does not show your intent to take the item without paying for it. Instead, the evidence makes it appear you simply forgot to pay for the item. In this case, you might make a no-evidence motion. You would stand up and tell the judge there is no evidence of your intent to commit the crime. If the judge agrees, the charge would be dismissed. | Perhaps the Crown prosecutor’s evidence does not show your intent to take the item without paying for it. Instead, the evidence makes it appear you simply forgot to pay for the item. In this case, you might make a no-evidence motion. You would stand up and tell the judge there is no evidence of your intent to commit the crime. If the judge agrees, the charge would be dismissed. | ||
===Presenting your defence=== | ====Presenting your defence==== | ||
If you don't make a no-evidence motion (or you do but the judge doesn’t agree with you), you can present your defence. You can use documents, call witnesses, and, if you like, give your own personal '''testimony'''. | If you don't make a no-evidence motion (or you do but the judge doesn’t agree with you), you can present your defence. You can use documents, call witnesses, and, if you like, give your own personal '''testimony'''. | ||
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You can testify yourself, but you don’t have to. You have a right to remain silent. If you choose to testify, you must speak under oath. The Crown prosecutor can cross-examine you. | You can testify yourself, but you don’t have to. You have a right to remain silent. If you choose to testify, you must speak under oath. The Crown prosecutor can cross-examine you. | ||
===Closing your case=== | ====Closing your case==== | ||
After you’ve finished presenting your defence, you’ll close your case. Tell the judge why you think the Crown prosecutor didn’t prove that you’re guilty beyond a reasonable doubt. This summary is called your '''submission'''. | After you’ve finished presenting your defence, you’ll close your case. Tell the judge why you think the Crown prosecutor didn’t prove that you’re guilty beyond a reasonable doubt. This summary is called your '''submission'''. | ||
==Step 7. The judge’s decision== | ===Step 7. The judge’s decision=== | ||
After the Crown prosecutor and you finish your submissions, the judge gives their decision, or '''verdict'''. | After the Crown prosecutor and you finish your submissions, the judge gives their decision, or '''verdict'''. | ||
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If you are found “guilty”, you are '''convicted'''. The judge will penalize (sentence) you. The judge may sentence you then, or later. | If you are found “guilty”, you are '''convicted'''. The judge will penalize (sentence) you. The judge may sentence you then, or later. | ||
==Step 8. Sentencing== | ===Step 8. Sentencing=== | ||
If you are convicted of the criminal charge, the judge will '''sentence''' you. Depending on the offence and your background, the sentence could be a discharge, a fine, probation, or jail. For more on possible sentences, see our information on [[Conditional Sentences, Probation and Discharges (Script 203)|conditional sentences, probation, and discharges (no. 203)]]. | If you are convicted of the criminal charge, the judge will '''sentence''' you. Depending on the offence and your background, the sentence could be a discharge, a fine, probation, or jail. For more on possible sentences, see our information on [[Conditional Sentences, Probation and Discharges (Script 203)|conditional sentences, probation, and discharges (no. 203)]]. | ||
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If you can get letters about your character from people, such as an employer, clergyman, or doctor, or even from your family and friends, ask the judge for an adjournment for time to get these letters. Then give them to the judge before you receive your sentence. | If you can get letters about your character from people, such as an employer, clergyman, or doctor, or even from your family and friends, ask the judge for an adjournment for time to get these letters. Then give them to the judge before you receive your sentence. | ||
==With your case== | ==Get help== | ||
===With your case=== | |||
If you haven’t done so, contact '''Legal Services Society''' to find out if you qualify for a free lawyer under legal aid. | If you haven’t done so, contact '''Legal Services Society''' to find out if you qualify for a free lawyer under legal aid. | ||
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:Web: [https://www.uvic.ca/law/about/centre/ uvic.ca/law/about/centre] for Victoria or [http://www.lslap.bc.ca/ lslap.bc.ca] for the Lower Mainland | :Web: [https://www.uvic.ca/law/about/centre/ uvic.ca/law/about/centre] for Victoria or [http://www.lslap.bc.ca/ lslap.bc.ca] for the Lower Mainland | ||
==More information== | |||
===More information=== | |||
'''Legal Services Society''', the legal aid provider in BC, has a number of criminal law publications. They explain how to represent yourself in a criminal trial, and what to do if you’re charged with specific offences, including assault, theft and mischief. | '''Legal Services Society''', the legal aid provider in BC, has a number of criminal law publications. They explain how to represent yourself in a criminal trial, and what to do if you’re charged with specific offences, including assault, theft and mischief. | ||
:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca] | :Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca] | ||
