If you are facing criminal charges in Canada, it is important to understand what to expect at your trial. This can help you to feel more prepared and less anxious on the day of your trial.
Before the trial
Before your trial, there will be a pretrial conference with your lawyer and the Crown prosecutor. This is a meeting to discuss the case, including the evidence that will be presented and any possible resolutions. Often a judge will be present to facilitate the discussion. If there is no resolution, this judge will not be the trial judge.
On the day of the trial
On the day of your trial, you should arrive at court early. I you have a lawyer they will have prepared you for what to expect. The judge will enter the courtroom and everyone will stand. The judge will then call the case and ask for your plea, if it has not already been entered.
If you plead guilty, the judge will enter a guilty conviction and proceed to sentencing. If you plead not guilty, the trial will begin.
The Crown’s case
The Crown prosecutor will go first and present their case. This will involve calling witnesses, presenting evidence, and making submissions to the judge or jury.
Your case
After the Crown has presented their case, you will have the opportunity to present your case. This will involve calling witnesses, presenting evidence, and making submissions to the judge or jury.
The judge’s decision
After both sides have presented their cases, the judge will make a decision. In a jury trial, the jury will retire to deliberate and then return to the courtroom to announce their verdict.
If you are found guilty
If you are found guilty, the judge will proceed to sentencing. The judge will consider a number of factors when sentencing you, including the nature of the offence, previous similar cases, your criminal record, and your personal circumstances.
If you are found not guilty
If you are found not guilty, you will be acquitted and released from court.
Here are some additional things to keep in mind about your criminal trial:
- You have the right to be represented by a lawyer. If you cannot afford a lawyer, the court may appoint a public defender to represent you.
- You have the right to remain silent. You do not have to testify at your trial.
- You are presumed innocent until proven guilty. The Crown prosecutor must prove beyond a reasonable doubt that you committed the offence(s) charged.
- You have the right to appeal the verdict or sentence.
If you have any questions about your specific criminal trial, be sure to talk to your lawyer.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.