CRIMINAL CHARGESClick here for FREE consultation The information provided below is not legal advice, and it may not apply in every situation.
USUAL STEPS IN CRIMINAL PROCEEDINGS: 1. Charged with a criminal offence
2. At the discretion of the police officer – you will be held for a bail hearing or released on your own promise to appear in court, when the officer advises you.
3. You will be required to attend court on your “1st appearance” – this is NOT your trial.
4. At the 1st appearance the Crown MUST disclose the evidence they will use against you. This is called “disclosure”. This may include documents, video, statements from witnesses, photographs, etc.
5. Once disclosure is provided, a Pre-Trial or a Resolution Meeting is conducted. This may be done over the telephone, between your lawyer and the crown or in person at the court house. This meeting will determine if you are pleading guilty or not guilty. If the Crown intends to seek jail time (pending on the complexity of your case).
6. Sometimes, either your lawyer or the Crown ask a judge to become involved in the Pre-Trial discussions and act as a mediator. This is called “Judicial Pre-Trial.” The judge may give his/her opinion on the merits of the case in an attempt to sway one side or the other towards a fair compromise. A judge may also give their opinion on an appropriate sentence in the event of a guilty plea or assist with estimating the duration of time required for the trial. Every case is fact-specific.
7. After the Judicial Pre-Trial and assuming the Crown wishes to proceed with the prosecution – you will have to make a decision if to proceed to trial or resolve the issue by pleading guilty.
8. Guilty Plea – pleading guilty means admitting the facts that form the basis of the charges or the charges before the court. This will take place in the court room.
9. Once the guilty plea is entered, sentencing hearing occurs. In some cases, the terms of sentencing is done with the agreement of the Crown, if they cannot agree on the terms, your lawyer and the Crown will ask the judge for a decision.
10. If you do not plead guilty – a Trial take place. The trial date will depend on each case and could take place months or even years after the charges were laid. During the Trial is when the Crown will present their witnesses and other evidence to support their case against you.
How can we help? CALL US OR COMPLETE THE CONTANCT FORM TO BOOK YOUR FREE - NO OBLIGATION CONSULTATION AT OUR OFFICE
WE FIGHT - TO MAKE SURE YOU WIN
| Areas of expertise
TestimonialsMy accident was in 2004 and my first lawyer did not do much work on my file. I did not receive any money, even though I could not work because of the accident. My friend recommended Bob Crosbie, so I went to see him.... J.H. My former lawyer was unable to settle my case from a 2007 accident. Mr. Crosbie was able to review the file, advise me of my rights and communicate.... E.K. read more |
Your use of this site or any information that you may obtain from this website does not create a solicitor-client relationship
in fact or by implication.
Terms & Conditions Disclaimer
Contact:
Tel.
Fax.
Suite 501, Toronto, Ontario, M3J 3H7
