When you are arrested and charged with a criminal offence in Brampton, there are several important processes, procedures, and terms you should know. Our Brampton criminal defence lawyer at Manbir Sodhi Law is available to provide you with the legal representation your need, as well as explain you own specific criminal offence processes in greater detail.
The following is a generalized overview of the processes and terms used with many criminal offences to give you an idea why retaining a criminal defence lawyer is always in your best interests.
- Arrest and Processing: The police with formally arrest and charge you with the criminal offence. Upon arrest the police should have read you your rights, including the right to speak to a lawyer prior to questioning or making a formal statement. When you arrive at the station, they will take your fingerprints and picture.
- Bail Hearing: If you are not released on your own recognizance by the police, you will be detained until a bail hearing in front of a judge. Bail is not always guaranteed for every criminal offence.
- First Appearance: The first appearance must be attended and is where you and your lawyer are presented with the initial disclosure – all evidence the police and Crown have against you in the proceeding.
- Crown Election: The Crown has the power of election – the process to take specific circumstances of the case into account – and make specific requests of the court.
- Ordering Disclosure: This is the process where your lawyer will request all evidence against you be fully disclosed.
- Crown Pre-Trial: After you and your lawyer have reviewed all disclosures, there could be a Crown pre-trial where your lawyer meets with the Crown lawyer to discuss motions, receive plea offers and other such information.
- Pre-Trial Hearing: This is similar to the Crown pre-trial but takes place in court in front of a judge.
- Early Case Resolution: If there is insufficient evidence, you agree to a Peace Bond, or other events occur that can resolve the case without going to trial, it will occur at this time.
- Trial: If the case cannot be resolved, then it will go to trial. Depending on the criminal offence and circumstances, the trial can either be in front of a jury or a judge. The trial will last until a verdict is reached or the case is dismissed.
- Duty Counsel: This is a criminal defence lawyer who is paid for on your behalf by Legal Aid Ontario.
- Legal Aid: This is an assistance program for those accused and charged with criminal offences to provide them with certificates to give their lawyer for their retainer.
- Plea: A plea is where the accused admits their guilt or innocence to the court often during the pre-trial hearing.
While some of the terms may seem familiar, it is best to obtain proper legal advice and representation by contacting a criminal defence lawyer at Manbir Sodhi Law for a FREE consultation.