I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court: Difference between revisions
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I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court (view source)
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#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 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 <span class="noglossary">representation</span>. (See [[Legal Aid Representation|legal aid <span class="noglossary">representation</span>]] 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 <span class="noglossary">representation</span> 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 <span class="noglossary">representation</span>. (See [[Legal Aid Representation|legal aid <span class="noglossary">representation</span>]] 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 <span class="noglossary">representation</span> 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 release document. | #Go to court on the date shown on your ''promise to appear'' or other police <span class="noglossary">release</span> document. | ||
#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. | #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 ''<span class="noglossary">duty</span> 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 == | ||
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{{Tipsbox | {{Tipsbox | ||
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| tips = If you can't make it to court for one of your court appearances, you may be allowed to get "[[Duty Counsel|criminal duty counsel]]" to go to court for you. Call your local legal aid office or the [[Legal Aid Representation|Legal Services Society]] Call Centre at 1-866-577-2525 to find out duty counsel schedules. Check the white pages of your phone book under "Legal Aid" or call Enquiry BC at 1-800-663-7867 for the number of the legal aid office nearest you. | | tips = If you can't make it to court for one of your court appearances, you may be allowed to get "[[Duty Counsel|criminal <span class="noglossary">duty</span> counsel]]" to go to court for you. Call your local legal aid office or the [[Legal Aid Representation|Legal Services Society]] Call Centre at 1-866-577-2525 to find out <span class="noglossary">duty</span> counsel schedules. Check the white pages of your phone book under "Legal Aid" or call Enquiry BC at 1-800-663-7867 for the number of the legal aid office nearest you. | ||
}} | }} | ||
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See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: | See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are: | ||
*[[Legal Aid Representation|Legal aid <span class="noglossary">representation</span>]], to see if you qualify for legal aid. | *[[Legal Aid Representation|Legal aid <span class="noglossary">representation</span>]], to see if you qualify for legal aid. | ||
*[[Duty Counsel|Criminal duty counsel]], for assistance on the day you have to appear in court. | *[[Duty Counsel|Criminal <span class="noglossary">duty</span> counsel]], for assistance on the day you have to appear in court. | ||
*[[Native Courtworkers]] and [http://www.clicklaw.bc.ca/helpmap/service/1125 First Nations Court Duty Counsel] for aboriginal clients. | *[[Native Courtworkers]] and [http://www.clicklaw.bc.ca/helpmap/service/1125 First Nations Court <span class="noglossary">Duty</span> Counsel] for aboriginal clients. | ||
*[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. | *[[Access Pro Bono]], [[Lawyer Referral Service]], and [[Private Bar Lawyers|private bar lawyers]]. | ||
*The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1031 I've been charged with a crime. How do I defend myself?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1053 What does the judge consider in sentencing an Aboriginal person?]" as well as the fact sheet series "[http://www.clicklaw.bc.ca/global/search?k=%22what%20to%20do%20if%20you%20are%20charged%20with%22 What to do if you are charged with...]." | *The Clicklaw common questions "[http://www.clicklaw.bc.ca/question/commonquestion/1031 I've been charged with a crime. How do I defend myself?]" and "[http://www.clicklaw.bc.ca/question/commonquestion/1053 What does the judge consider in sentencing an Aboriginal person?]" as well as the fact sheet series "[http://www.clicklaw.bc.ca/global/search?k=%22what%20to%20do%20if%20you%20are%20charged%20with%22 What to do if you are charged with...]." | ||
