If you are being charged with a crime, you must know that you have legal rights. According to the Canadian Charter of Rights and Freedoms (the “Charter”), it provides fundamental rights to every individual. The following sections of the Charter are fundamental to know when you are being charged with a crime:
- Section 8 gives you the right to be secured against unreasonable search and seizure.
- Section 9 gives you the right to not be arbitrarily arrested.
- Section 10 gives you the right to know why you are being arrested and to speak with a lawyer right away to be informed of your rights.
- Section 11 gives you the following rights if you are charged with an offence:
- The right to be presumed innocent until proven guilty
- The right not to be a witness against yourself
- The right to a trial within a reasonable time
- The right to be informed without unreasonable delay of the specific offence you are charged with
- The right to reasonable bail unless there is just cause (a good reason) to deny it
- The right to trial by jury if an offence can be punished with imprisonment for five years or more
If the police arrest you at the scene, the police may either release you and provide you with a Promise to Appear notice or an appearance notice. This document requires your presence in court on the noted date.
However, the police may release you without providing you with this notice. In this case, they may send you one in the mail. For this reason, it is important to speak with duty counsel or obtain some form of legal advice.
If you are being charged with the crime, the process is always to request the police disclosure to see the alleged charges. Once you have done so, it is advisable to obtain some form of legal advice, whether that be from duty counsel or retaining your own counsel.
Once you have received the necessary legal advice and reviewed the police report in detail, you can either plead guilty or not guilty in court. If you choose to plead not guilty, your matter will be set for trial.
Yet, if you plead guilty, your matter will come to an end. It will be scheduled for a disposition.