Brampton Due Process and the Trial Process

Every person is afforded certain legal protections under the Charter of Rights and Freedoms if they have been accused and charged with a criminal offence. Among the most important of these rights includes:

  • The presumption you are innocent until your guilt can be proven in a court of law during a trial. Everyone has the right to have a trial to prove their innocence or guilt.
  • The right to not incriminate yourself. You have the right to remain silent when questioned by the police. This right extends to the trial itself, where you are not required to testify yourself in court. The jury or judge cannot make the assumption you are guilty simply because you have exercised this right.
  • To be proven guilty beyond a reasonable doubt. This means the Crown must establish you are guilty and there is no doubt about it. It is not necessary to prove innocence during a trial, but rather to establish reasonable doubt.

The Trial Process

The objective of the Crown is to prove you are guilty beyond a reasonable doubt. They do this by presenting evidence and calling witnesses in court. While the Crown is presenting their side of the case, your Brampton criminal defence lawyer will have their own opportunity to make motions and cross examine any witnesses.

Once the Crown is done, your defence lawyer will then have the option to present their own evidence and call witnesses. The objective of your defence lawyer is to create reasonable doubt with the Crown’s case. The Crown will equally have the opportunity to question any witnesses and make motions.

Once both sides have presented their case, final arguments for and against your innocence are presented by your criminal defence lawyer and the Crown. At this point, the jury is dismissed from the court room and asked to make deliberations and come to a verdict. This can take some time depending upon the complexities of the case.

If the trial was just in front of a judge, the judge will often adjourn court so they can review testimony and evidence and make their determination to your innocence or guilt. Once a verdict is reached, you and your lawyer will be required to return to court.

Depending on the verdict will determine what happens next. If you are found innocent of the criminal offence, you are free and released immediate, if you had been detained. If you are found guilty, the judge will then schedule a sentencing date.

The sentencing process requires the judge to gather information to determine an appropriate punishment for the crime. If you are out on bail, you are often allowed to remain so until sentencing.

If you have been charged with a criminal offence and want the best possible outcome, you need to speak to our criminal defense lawyer in Brampton at Manbir Sodhi Law as soon as possible for a FREE consultation.

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