Hi, I’m Janan Jarrah with eLaw Alliance. Hi, I’m Herman Jangi, also with eLaw Alliance. Today, we wanted to talk to you about the court process after you’ve been charged. Today’s video is going to cover a lot of general questions, but please note that we’re not providing legal advice in this video. We will be covering very general questions in a very general way. If you want specific legal advice, please give us a call at our office for a half-hour free telephone consult.
Let’s start with some questions, Herman. What should I do at my first court date? You practice criminal law, right?
Yeah, we’ll go over some common questions and answers. If you’ve been charged with a criminal offense and have a court date coming up, you definitely need to attend. You’ll be informed of the court date, the courtroom, and the time you have to show up. Make sure you show up. If you can’t make it, send someone on your behalf, like a lawyer or an agent, to let the court know you’re represented.
What happens if I don’t go to court?
If you don’t show up, the court notice this, and will most likely issue a warrant for your arrest, and you’ll face another criminal offense called failure to appear. So, it’s crucial to attend your court date.
On my first court date, what should I do to prepare?
Make sure you attend court on time, properly dressed. Courts are formal places, so wear clean clothes, not pajamas, and no baseball caps. You can’t bring food or drink into the courtroom, except for water.
Who is in court?
The courtroom can be overwhelming. You’ll see the judge presiding over the matter, the Crown prosecutor representing the state, defense lawyers, and duty counsel. Duty counsel is a free lawyer provided by legal aid to assist you on your court date if you don’t have your own lawyer. However, they only help for that one court appearance, as they only offer a little bit of help. If you need more substantive help, you should definitely consider hiring your own lawyer.
What are legal aid lawyers, what are private lawyers, what are student legal services? Ultimately, where can I get legal representation?
You can obtain legal representation from several sources. Legal aid is available if you meet certain income criteria and the criminal offense you’ve been charged with meets the criteria. You go to legal aid, apply for a lawyer, legal aid sends out certificates like contracts to other lawyers. Whoever they pick for you will be your assigned lawyer. In some cases, if you have a lawyer in mind, legal aid can try to set you up with that lawyer.
If you don’t qualify for legal aid, you can go online and search criminal defense lawyer, and hire them on a private retainer, which is more expensive. Student Legal Services in Edmonton assists with less serious cases and might be an option if you don’t make a lot of money.
Will the complainant be in court?
On your first court date, it’s very unlikely the complainant, or the alleged victim, will be there. They usually attend the trial date, not the docket dates.
What is an adjournment?
An adjournment means you’re putting your matter over to a later date. If you need more time to get a lawyer or disclosure, you can request an adjournment. The judge will usually grant it, especially if it’s your first court date. However, you can’t keep adjourning indefinitely.
What is disclosure?
Disclosure is the case against you, including police notes, witness statements, and any evidence collected. You’re entitled to a copy of it to understand the case you need to meet.
What is an ECR (Early Case Resolution)?
An ECR is an offer from the prosecutor suggesting what your sentence should be if you plead guilty. It’s not final and can be negotiated or refused if you prefer to go to trial.
What does it mean if I’m charged with a summary offense or an indictable offense?
Crimes in Canada are classified as summary (less serious), indictable (more serious), or hybrid (where the prosecutor chooses how to proceed). The choice depends on the severity and circumstances of the offense.
What are my options for resolving my matter?
There are three main options:
- Alternative Measures Program (AMP) for less serious offenses, involving community service in exchange for withdrawing the charge.
- Plead guilty and proceed to sentencing.
- Plead not guilty and proceed to trial.
How can I change my bail conditions?
To change bail conditions, you need to talk to the prosecutor. They can reopen your conditions. You can seek help from duty counsel or your lawyer to negotiate with the prosecutor.
If my spouse doesn’t want to proceed with charges, will they be withdrawn?
No, the decision to withdraw charges lies with the Crown prosecutor, not the complainant. The prosecutor may proceed with the case even if the complainant wants to withdraw the charges.
Can I explain my side of the story at my first court appearance?
No, your first court appearance is a docket date, meant for organizing yourself, hiring a lawyer, and getting disclosure. You’ll get to tell your side at the trial or during a guilty plea.
What happens if I breach my curfew or other conditions?
If you breach your conditions, the police can charge you with a breach, leading to additional charges and potentially no bail next time.
What are the different courtrooms in Edmonton?
In Edmonton, courtroom 265 handles in-custody matters, 268 deals with domestic violence cases, 267 primarily with federal drug offenses, and the Case Management Office (CMO) at a counter. Courtroom 357 is for mental health court.
What is a preliminary inquiry?
A preliminary inquiry allows you to see the case against you before trial. It’s a chance to review evidence, but no decision on guilt is made. If there’s enough evidence, the case proceeds to trial.
What is a bail review?
A bail review is a second chance to get bail if you were initially denied. You must present new information or a new release plan to justify a review.
What happens on a guilty plea?
When you plead guilty, you admit to the offense’s elements, and the next stage is sentencing. The defense lawyer and prosecutor usually agree on a sentence recommendation, but the judge makes the final decision.
What happens at trial?
At trial, all evidence is presented, witnesses testify, and the judge decides if the Crown has proven guilt beyond a reasonable doubt.
I think that’s a good overview of what happens in criminal court. If you have more questions, please reach out for specific legal advice.