Difference between revisions of "Other Issues in Criminal Matters (1:VIII)"

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An accused may have been stopped by the police or observed doing “something wrong,” but has not yet received a summons. To see if one has been officially charged, they can contact the Vancouver Police or the RCMP to see if a report to Crown Counsel has been made. It is also possible to check with the court clerk, the police, or the Crown Counsel office to see if an Information has been laid and forwarded to Crown Counsel. If there is an outstanding warrant for the person’s arrest, the accused must turn themself in immediately. This is a critical time for an accused to learn and note their legal rights, including the right to remain silent.
An accused may have been stopped by the police or observed doing “something wrong,” but has not yet received a summons. To see if one has been officially charged, they can contact the Vancouver Police or the RCMP to see if a report to Crown Counsel has been made. It is also possible to check with the court clerk, the police, or the Crown Counsel office to see if an Information has been laid and forwarded to Crown Counsel. If there is an outstanding warrant for the person’s arrest, the accused must turn themself in immediately. This is a critical time for an accused to learn and note their legal rights, including the right to remain silent.


== B. Staying a charge ==
== B. Staying a Charge ==
Once the Information has been laid, the prosecution of the case is in the hands of the Crown. The Crown can only stay a charge if there is no substantial likelihood of conviction, or if it is not in the public interest to proceed with the charge.
Once the Information has been laid, the prosecution of the case is in the hands of the Crown. The Crown can only stay a charge if there is no substantial likelihood of conviction, or if it is not in the public interest to proceed with the charge.


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