Criminal Court

Criminal Court Process

39Views

On the off chance that you’ve been accused of a wrongdoing in British Columbia, odds are during the capture and result no one mentioned to you what’s in store. Most likely all you learned was the date you’re to appear at court. What’s more, that is on the off chance that you were delivered from the police.

Upon capture, there’s 2 prompt results:

I. You’re delivered with a court date; or

ii. You’re confined for a bail hearing. Your bail hearing will result in either being delivered on bail or kept in prison until the result of your preliminary.

In any case whether you’re delivered or not, the criminal cycle is comparable.

What’s Next?

1. first Appearance

The following stage is possibly you or your legal counselor goes to court on the date you were given upon discharge (or if in prison, the date set by the court). The first appearance fills 2 needs:

I. You get the points of interest of your case from the examiner; and

ii. a date is set for your arraignment hearing.

Note that occasionally the examiner won’t have the points of interest prepared for your first appearance. All things considered, you or your attorney should go to again before your arraignment hearing.

2. The Particulars

The specifics is the administrative work setting out the investigator’s body of evidence against you. You or your legal advisor can’t fabricate your protection until you survey the specifics. The points of interest incorporate the charges against you, the police takes note of, the report to crown counsel (the investigator), any specialized information, (for example, breathalyzer results) and some other proof the examiner will depend on.

3. The Arraignment Hearing

The arraignment hearing is held in the court where your case continues. This consultation is the place you, the denounced, enter a supplication (not liable if protecting). At that point your preliminary and maybe primer hearing (see underneath) are booked.

4. Primer Inquiry

In the event that the examiner is posting your charge(s) as indictable (more genuine offenses), at that point you are qualified for a primer request. On the off chance that your case is passing by outline charge, at that point you aren’t qualified for a primer hearing.

A starter request is an open door for you or your legal counselor to pose inquiries of the investigator’s observers – normally the examining cops. This is a chance to become familiar with the body of evidence against you. This meeting is held in a court and the declaration of the apparent multitude of witnesses is sworn to tell the truth.

5. Pre-Trial Conference

Prior to your preliminary, you or your attorney must go to a pre-preliminary gathering (PTC). This is generally held 1 to 1.5 months before your preliminary and is likewise held in the court. At the PTC, any extraordinary issues are settled. Else, you (or your legal advisor) and the investigator affirm with the court that the two sides are prepared for preliminary.

6. The Trial

At last, you the denounced, get your day in court. Here and there an adjudicator will choose the issue that day. Different occasions, the adjudicator will hold off creation a choice. In the event that the appointed authority holds off creation a choice, you’ll get a date to re-visitation of court at which time the adjudicator will give her or his choice.

In the event that a jury heard your case, at that point the jury will be told to choose your issue immediately. You’ll gain proficiency with the result upon the jury settling on its choice.

In case you’re seen not as blameworthy, you’re allowed to go. In the event that you’re seen as blameworthy, at that point you’ll be planned a condemning date (now and again condemning may happen immediately after the choice). On the off chance that the condemning hearing is planned for the future, possibly you’re held in prison up to that point or delivered up to that point. This basically relies upon the reality of the conviction and whether prison will be likely sentence. For instance, on the off chance that you’re seen as liable of a first DUI, at that point you won’t be held in prison. In case you’re seen as liable of first degree murder, you’ll no doubt be held in prison.

7. The Sentencing Hearing

You trust your issue doesn’t go to a condemning hearing. Nonetheless, now and then it does. The cycle at a condemning hearing is that the two sides will make entries for a specific kind of sentence (for example prison length, probation terms, permit limitations, and so forth – relying upon the idea of the conviction). The appointed authority at that point chooses and arranges your sentence.

Eric Lilly
the authorEric Lilly