Post Charge Processes

>>Post Charge Processes

Does the crown ever drop criminal charges?

Where criminal proceedings have been initiated against you, there are two ways that the Crown Prosecutor can stop the proceedings against you: 1. The Crown Prosecutor can stay the proceedings:  The Crown Prosecutor can halt proceedings against you by telling the clerk that a stay will be entered. This means that the Crown Prosecutor [...]

Does the crown ever drop criminal charges? 2018-04-12T19:15:16+00:00

What happens when I am charged with a crime?

In Canada, you are formally charged with a crime after an information is sworn before the court. The information is a document that specifies the charges against you, where the alleged offence crime, and when the alleged crime occurred. Anyone can swear an information, but in order to do so they must go before a [...]

What happens when I am charged with a crime? 2018-04-12T19:19:31+00:00

What should I wear to court?

You should wear business or business casual attire to court. Lawyers are required to wear business attire, and typically will wear a suit when appearing in court. The court process is very formal, and there are many rules and traditions that govern how lawyers, clerks, and judges appear and comport themselves in the courtroom. [...]

What should I wear to court? 2018-04-12T19:23:17+00:00

How quickly can my case be resolved?

The speed with which your case can be resolved depends on the type and complexity of the file and on your instructions as to how you would like to proceed. A complex file will result in longer delays in completing your case, since there will likely be a large amount of disclosure and multiple [...]

How quickly can my case be resolved? 2018-04-12T19:27:08+00:00

Do I have to go to trial?

You do not have to go to trial. You will only go to trial if you enter a plea of not guilty. You have the option at any time to plead guilty and be sentenced. There are benefits and drawbacks to going to trial. Trials are necessary where a satisfactory resolution cannot be reached [...]

Do I have to go to trial? 2018-04-12T19:42:55+00:00

How long will my case take?

The length of a case is determined by the kind of charges you face, their seriousness, and the complexity of the legal issues to be explored. The length of the case can also be affected by the court and prosecution resources in your particular jurisdiction. In a busy jurisdiction with limited court resources, longer [...]

How long will my case take? 2017-11-20T11:16:38+00:00

How do I get disclosure?

Disclosure is provided by the Crown prosecutor’s office. It is not provided automatically, and must be expressly requested.  This is most commonly done with the assistance of duty counsel at the first court appearance. This can also be done by attending the Crown prosecutor’s office and submitting a paper request. If you retain a [...]

How do I get disclosure? 2017-11-20T11:16:49+00:00

What Is Disclosure?

Disclosure is the body of evidence the police have gathered during the course of their investigation into the charges against you. Once you have been charged, all this evidence is forwarded to the Crown Prosecutor’s office. The Crown Prosecutor is required to “disclose” all this information to you or your defence lawyer.  Beyond some [...]

What Is Disclosure? 2017-11-20T11:17:03+00:00

What Happens On The First Court Appearance?

Very little happens at the first Court appearance. This will not be your trial date, and you will not be expected to take a substantive step on that date. If you do not have a lawyer, your charge will be read to you to ensure that you understand the allegations, and you will be [...]

What Happens On The First Court Appearance? 2017-11-20T11:29:27+00:00

I Was Told I Have To Go For Fingerprints. What Happens If I Do Not Go?

When you are arrested and released, you will typically receive documents that direct you to attend a police station for fingerprints, as well as documents that direct you to attend court on a particular date, place, and time. You must comply with all of the directions in these documents. Specifically, if you have received documents [...]

I Was Told I Have To Go For Fingerprints. What Happens If I Do Not Go? 2017-11-20T17:37:14+00:00