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CRIMINAL DEFENCE LAW
THE CRIMINAL JUSTICE SYSTEM IN CANADA
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Your Trial: What to Expect
Know this: 97% of all criminal trials in Canada result in some sort of conviction .
Beware of demanding your day in court. Chances are you will pay dearly.
Trial
Your trial is a complex process, (unlike TV trials) where your guilt or innocence is decided.
The more serious charges will be tried in your province's Superior Court and some of those are argued before a jury.
The less serious charges will usually be tried in the lower courts without a jury.
It is highly recommended that you retain a lawyer for trial. Do not leave this to the last minute. Click Here to ask CanLaw to refer you to a criminal lawyer in your area.
Lawyers require some time to prepare for your best defence.
Just Because You Did It,
Does Not Mean You Are Guilty
If You Have Been Charged With a Criminal Offence, Do Not Gamble. CLICK HERE to Get a Criminal Lawyer NOW.
Peace Bond
The judge can, in many cases, order you to sign a peace bond even if you are acquitted. If you refuse to sign, you could be jailed for up to 12 months. This is so wrong, it is astonishing, but it is the law until someone appeals it to the Supreme Court of Canada. You can thank Herr Harper.
Appeal
If you are unsatisfied with the verdict or the sentence you can appeal either or both. So can the Crown.
That does not mean you can appeal just because you were convicted. You must have grounds to appeal, such as a serious error by the judge during the trial.
There are very short and strict deadlines for filing appeals. Do not delay contacting a lawyer about your possible appeal if you believe you may want to appeal.
About Police Records
Understand this: Police records and files on you will never be erased. Records of every contact with you, every complaint by a neighbour, arrest, charge, acquittal, stay, discharge, diversion and conviction are kept permanently by the police regardless of the outcome.
Sentence
If you are found guilty (convicted) you will be sentenced. Your sentence could be passed that same day or it may be adjourned to a later date to allow for assessments and pre-sentence reports and submissions to be completed or preparations to be made.
Your lawyer will make submissions to the judge hoping to lessen the sentence, while the crown will do the exact opposite. Often the crown and your lawyer will negotiate and then make a joint submission on sentencing. The judge is free to accept or reject any or all submissions.
The judge will consider many factors when deciding on and passing sentence.
- Some considerations are:
- The offence
- Your age
- Any criminal record you have
- The offences listed in your criminal record
- The circumstances of the offence.
- Submissions by your lawyer and the crown
- What Will Happen To You?
Sentences can range from discharge (absolute or conditional), fines, probation, all the way up to jail. Determining which sentence is appropriate for which offender or offence is not an easy task. Your lawyer is the best person to advise you on the potential sentence and what it means.
