I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court: Difference between revisions
From Clicklaw Wikibooks
I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court (view source)
Revision as of 21:21, 14 April 2013
, 14 April 2013no edit summary
Drew Jackson (talk | contribs) No edit summary |
Drew Jackson (talk | contribs) No edit summary |
||
| Line 3: | Line 3: | ||
==First steps== | ==First steps== | ||
#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 answer questions or 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 <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. | ||
#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 Legal Help for British Columbians|Resource List]] for information about applying for legal aid.) If you qualify, the Legal Services Society <span class="noglossary">will</span> 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 Legal Help for British Columbians|Resource List]] for information about applying for legal aid.) If you qualify, the Legal Services Society <span class="noglossary">will</span> 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 | #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 <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. | #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. | ||
== What happens next == | == What happens next == | ||
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 | 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 more serious indictable charges such as aggravated assault or breaking and entering a dwelling.) | ||
At trial, the Crown <span class="noglossary">will</span> call witnesses that you or your lawyer <span class="noglossary">will</span> be able to cross-examine. You can then call witnesses (possibly including yourself) if you wish. After all of the witnesses have testified, you can summarize your position and the facts and law which support it. At the end of the trial, the judge <span class="noglossary">will</span> either find you guilty or not guilty. If you are found guilty, the judge <span class="noglossary">will</span> sentence you. The sentencing usually happens right away, but may be delayed to another date in more serious or complicated cases. | At trial, the Crown <span class="noglossary">will</span> call witnesses that you or your lawyer <span class="noglossary">will</span> be able to cross-examine. You can then call witnesses (possibly including yourself) if you wish. After all of the witnesses have testified, you can summarize your position and the facts and law which support it. At the end of the trial, the judge <span class="noglossary">will</span> either find you guilty or not guilty. If you are found guilty, the judge <span class="noglossary">will</span> sentence you. The sentencing usually happens right away, but may be delayed to another date in more serious or complicated cases. | ||
