Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance. Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one?
How long after arrest do I find out what the charges are? See All Common Questions. Related Products More. Criminal Law: A Desk Reference. If you can get letters about your character from people, such as an employer, clergyman, or doctor, or even from your family and friends, ask the judge for an adjournment for time to get these letters.
Then give them to the judge before you receive your sentence. If you cannot afford a lawyer or get legal aid, try to talk with a lawyer before your trial. Some legal help is better than none. On your first appearance in court or when you enter your plea, you can talk to duty counsel at the courthouse.
They can give you brief advice and speak for you the first time you appear in court. Legal Aid BC has a number of criminal law publications. Dial-A-Law has more information on Charged with a crime in the section on Crime. You are presumed innocent. You have the right to a fair trial.
The process in Provincial Court. Step 1. First appearance. Step 2. Talk with a lawyer. Tip Most courthouses have lawyers called duty counsel. Step 3. Decide how to proceed. Step 4. Arraignment hearing. Step 5. Prepare for the trial. Step 6. The trial. Step 7. Step 8. With your case. The Crown will try to prove you are guilty by calling its witnesses and questioning them. They will tell the court testify about what they saw or heard about the case. You have the right to question cross-examine each witness the Crown uses.
You would question them to weaken their testimony by showing that they have a poor memory, or are mistaken or lying. It depends on whether the Crown has proven all the parts of the offence. For example, if you are charged with possession of marijuana, the Crown must prove several things. First, that you were the person who had it; second, where and when you had it; third, that you had knowledge and control of the marijuana; and fourth, that it really was marijuana.
If the witnesses cannot identify you as the person who possessed the marijuana, there is no evidence on the first thing, your identity. So you would stand up and tell the judge that there is no evidence that you possessed the marijuana. If the judge agrees, the charge must be dismissed. If you don't make a no-evidence motion, or you do, but lose it, then you have to decide whether to call any witnesses — either yourself or someone else — to tell your side of what happened.
If you want to use a defense, such as self-defense, you would normally testify yourself, and then call other witnesses who could testify to support what you say. This means you promise or swear or affirm that what you say is the truth. No one can force you to testify — you decide. You must answer all the questions, if they are about the charge against you.
Often, if you plead not guilty, you do so because you say that you did not commit the offence. In that case, you would explain this to the judge. If you decide to call witnesses, you question them first, and then the Crown may cross-examine them. The Crown can explain to the judge why you are guilty, and you can explain why you are not guilty. All you have to do is raise a reasonable doubt in the judge's mind.
If you do, the judge has to find you not guilty. After the Crown and you finish your submissions, the judge announces the decision, or verdict. You are either acquitted or convicted. More and more of us are doing just that , according to the legal charity Transform Justice. A survey by the Magistrates Association found a quarter of defendants fighting criminal charges without a lawyer.
Head to a library instead, get some help from Citizens Advice , or stick to government websites on the law , such as the guidance on criminal procedure. The Crown Prosecution Service itself publishes guides to offences like assault. You may be the exception, and you can show that really easily.
Act politely and patiently. Ask for evidence; look for the holes in the case.
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