Difference between revisions of "Defending Yourself Against a Criminal Charge"

The '''Crown prosecutor''', also called Crown counsel, must prove you are guilty of the offence. Generally, you don't have to prove anything.

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.

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.  

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.

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.  

Make sure the Crown prosecutor has given you all the evidence they’ll use (called the '''disclosure'''), such as any documents or witness statements. The prosecutor should also tell you who they’ll call as a witness. You can send the prosecutor a letter or email asking for this information.  

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.

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.

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 example, if you are charged with shoplifting, the Crown prosecutor must prove several things:

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.

If you call witnesses, you question them first, and then the Crown prosecutor may '''cross-examine''' (question) them. If you want to use a document, it usually has to be presented to court by a witness to confirm that it’s real.  

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.

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 the Crown prosecutor and you finish your submissions, the judge gives their decision, or '''verdict'''.