The approach that I take with each criminal case depends on the particular circumstances of the case. There are, however, certain procedural steps that are necessary in order to move most cases through the Criminal Justice System. The information provided below is very general information in nature – there will be a more detailed discussion of the court procedures during an initial consultation with me.
The reason that you will begin appearing in court is to obtain your disclosure. Disclosure is the package of materials that is all of the evidence the Crown intends to use against you, and the Crown is obligated to provide you with that disclosure. Depending on the complexity of your case, you may not receive all of the disclosure at your first court appearance.
Even if you receive disclosure at your first court appearance, it is advisable to ask the Justice of the Peace to come back on a future date. This will give you an opportunity to meet with a lawyer for a consultation. A lawyer will be able to identify anything that remains to be provided in the disclosure, and will be in a better position to advise you once all disclosure is reviewed.
DO NOT PLEAD GUILTY! It is very important that you get the advice of a criminal lawyer before pleading guilty to any criminal charges. You are presumed to be innocent until the Crown proves all of the elements of an offence against you in law. You may think that you are guilty but the law may be on your side if there are problems with the Crown’s case. In addition, your rights may have been violated in a number of ways when the police dealt with you throughout your arrest. It is important to have a trial lawyer who has the knowledge to advice you on various defences and the skill to advocate that defence at trial.
If you still want to plead guilty, your lawyer will meet with the Crown Attorney and discuss the Crown’s position on a guilty plea. Depending on this meeting with the Crown and discussions with your lawyer, only you can decide to plead guilty. A decision to plead guilty should only be made with a clear understanding of the consequences of that decision. You plead guilty before a Judge and the lawyers will make submissions about the sentence. It is important to have a lawyer who will argue strongly for the sentence that is best for your particular circumstances.
There are several factors that will affect how long it will take to go to trial for your charge. The number of charges that you face, the number of people that you have been charged with and the complexity of the evidence against you are some of the factors that will determine how quickly your case progresses through the court system.
The process that you may expect to take when going to trial is listed below. This process varies depending on the type of offence you have been charged with. If you have been charged with a summary conviction offence, then you only have the option to set a trial with a judge alone in the lower courts. If you have been charged with an indictable offence, then you have the option to have a preliminary inquiry in the lower courts followed by a trial with a judge and jury in the higher courts. It is strongly advisable to retain the services of a lawyer as soon as possible who can take your case through this process efficiently.