Most people’s perceptions of criminal trials come from what they see on TV or in the movies. But what you see in pop culture is not exactly the way it goes down in an actual court setting. Here in Canada, criminal trials go through four main stages.
The first stage is the arrest, release, and first appearance. If you are arrested, you may be released with an appearance notice, a promise to appear, a summons, on a recognizance, or held in custody until you are brought before a judge. At your first appearance, you can plead guilty, plead not guilty and set a trial date, or adjourn because you need more information or a lawyer. If you plead guilty, your case will be set for a disposition hearing, where you can present information to the court about your personal background and the circumstances of the offence to mitigate your punishment.
The second stage is pretrial preparation and pretrial motions. If you plead not guilty and set your case for trial, your lawyer will meet with you to prepare your defence. Before the trial, your lawyer may need to address pretrial issues, such as non-disclosure of evidence by the Crown. You may also have a pretrial conference or a preliminary inquiry, depending on the complexity of your case.
The third stage is the trial itself. The length of the trial depends on the nature and complexity of the charge, the issues raised, the number of witnesses called, and whether it is heard before a jury or a judge alone. The trial is open to the public, and a transcript will be generated. During the trial, the Crown will call witnesses first, followed by your witnesses or your own testimony. If there is a Charter motion, a voir dire may be held to determine if any evidence was gathered in violation of your rights. After closing arguments, the judge will make a decision.
The fourth and final stage is the verdict and sentencing. If you are acquitted, you are free to leave. If you are convicted, both the Crown and your lawyer will make submissions about an appropriate sentence. Sometimes, sentencing will be adjourned to a different day to allow your lawyer to prepare fuller submissions.
If you are facing a criminal charge and worried about what next steps you need to take, do not hesitate to contact our office, we are always happy to help.