Trial

Criminal Trial

The purpose of a trial is to have a judge or jury determine your legal guilt or innocence. The criminal trial process is governed by three fundamental principles:

  1. The presumption of innocence ensures that you are innocent until proven guilty by the prosecution. In practice this means that everyone has a right to a trial if they want one.
  2. You have the right against self-incrimination. This means you do not have to speak to the police or give testimony in court. The judge or jury are not allowed to weigh the fact that you did not testify against you.
  3. The ultimate burden is on the crown to prove guilt beyond a reasonable doubt. It is not necessary to prove your innocence at trial, only that you are not guilty beyond a reasonable doubt.

Criminal Trial Process

A trial will begin with the Crown prosecutor presenting his or her case to the judge. This includes calling all the Crown’s witnesses and introducing evidence. The Crown will attempt to prove guilt beyond a reasonable doubt. Your criminal defence lawyer will then have an opportunity to cross examine witnesses to cast doubts about on the Crown’s evidence.

The Defence then has the option to call their own witnesses and evidence. This will typically include calling your witnesses and you to tell your story of what happened, but that possibility will be discussed with you before anything like that will occur. The Crown will get an opportunity to cross examine any witnesses the Defence calls, including you.

Final arguments are made by both the Crown and the defence lawyer, at which point the judge may make his or her decision immediately. Often however, the judge will require some time to make his or her decision, and will adjourn the trial until he or she is ready. A decision may be spoken by a judge or given by writing.

Role of the Accused

An accused person has the option to give testimony, but does not need to. Often  your lawyer will make the decision whether to put you on the witness stand or not depending on the strategic advantage. If an accused person does not take the stand, the judge or jury is not allowed to draw any negative inferences from that. An accused person will almost always be required to attend their trial so make sure you make every effort to remember your trial date.

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.

R.W.

Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.

Y.
Laura Bobyn my lawyer was amazing and so supportive of my case and me. She fought with Tenacity to get my victory. It was amazing to hear how knowledgeable and how her attention to every little detail of my case was shown in her defence! She is the best and I would recommend her to anyone of my colleagues or people in my life! Thank you, Laura!
P.D.

This law firm is your go-to!

I had the pleasure of working and trusting my case with Joseph Beller. I had 2 counts against me, and in the end, Joseph was able to present and use his “fighter skills” in court to have my charges lowered to a conditional discharge. On top of this, this firm follows its mission values statement by being ethical, transparent, available, and very friendly. Joseph and his team treated me with the utmost respect from start to finish. Thank you again, Joseph! I hope to never call you again 😊

R.R.

Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.

N.B.
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