I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court

If you are charged with a criminal or youth offence, it means that, unless you are sent for diversion, restorative justice or alternative measures (see page 15 in this Guide), you will have to deal with the charge in court, either by pleading guilty and being sentenced by a judge, or by pleading not guilty and going to trial. If you are convicted at trial, you will be sentenced by a judge. First steps 1. If the police want to speak with you, you have the right to contact a lawyer for advice first. Many criminal lawyers (see Yellow pages) will do this at no charge. It is almost always advisable that you don’t discuss the case with the police and certainly not before speaking with a lawyer. 2. If you cannot afford a lawyer on your own, see if you qualify for legal aid representation. (See #36- Legal aid representation, in Part 2 of this Guide 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. 3. Go to court on the date shown on your “Promise to Appear” or other police document. 4. Get a copy of the circumstances (police report) from the Crown Counsel (prosecutor) and information (charges) from the Court Clerk. Ask for an adjournment (delay) for 2 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 Once you have decided how you will plead (guilty or not guilty), you or your lawyer will have to tell the judge. If you plead guilty, you will probably be sentenced right away. If you plead not guilty, the court will hold an arraignment hearing and ask both the prosecutor and you or your lawyer how long the trial will take. Then you will have to set a date for the trial. Before the trial, you or your lawyer will 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 will call witnesses that you or your lawyer will be able to cross-examine. You can then call witnesses (possibly including yourself) if you wish. At the end of the trial, the judge will either find you guilty or not guilty. If you are found guilty, the judge will sentence you. The sentencing usually happens right away, but may be delayed to another date in more serious or complicated cases. If you are found not guilty, the matter will be over and you will be free to leave the court

In law, in British Columbia a person under the age of 19.

A legal document setting out either a claim or a defence to a claim prepared at or following the start of a court proceeding. In the Provincial Court, the pleadings are the Application to Obtain an Order and Reply. In the Supreme Court, the pleadings include the Notice of Family Claim, Response to Family Claim, Counterclaim, Petition, and Response to Petition. See "action," "claim" and "Counterclaim."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

The suspension of a hearing or trial, usually when the hearing or trial cannot proceed on the date scheduled or because it cannot complete within the time scheduled, normally until a specific date. See "sine die."

A lawyer paid by legal aid or the government who provides limited legal assistance to people on the day that they are in court.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."