Do you need a lawyer for your first court appearance?

criminal lawyer in court As the saying goes, “he who represents himself, has a fool for a client.” In a nutshell, it is very wise to have an experienced criminal by your side for any court appearance. Your First Appearance How do individuals facing criminal charges find their way into the courtroom? In most cases, those accused of offenses must appear before the Provincial Court. When charged with an offense, a police officer may release you, but in some instances, you may be required to attend court due to a summons, appearance notice, or undertaking. These are official documents mandating your presence in court at a specified time and place. Moreover, these documents may come with additional conditions, including: Regulations Governing Your Behavior The obligation to visit the police station for fingerprinting and photography. It is of utmost importance to stay informed about your court appearances and ensure that you show up promptly every time it’s required. Missing a court appearance, failing to report for fingerprinting and photography, or disregarding the rules set by a judge, judicial justice, or law enforcement can lead to the issuance of a warrant for your arrest. Failing to adhere to court orders is a criminal offense that could result in imprisonment, as is the failure to comply with fingerprinting and photography requirements. Seeking legal counsel is strongly advised if you receive an appearance notice, summons, or undertake any obligations. In the event of an arrest and detention (‘in custody’), individuals are brought to court by sheriffs. If they are granted release during a bail hearing, they will be provided with a date for their initial appearance (‘IA’) in court. Procedures during the initial appearance involve the judicial case manager, justice of the peace, or, in the case of circuit court, a judge, informing you about the charges you are facing. They will read aloud ‘the information,’ which is the document detailing the charges against you if you wish. If you have trouble understanding the charges, inform the justice, and they or the prosecutor (‘Crown Counsel’) will provide clarification. When addressing a justice or judicial case manager, use the term ‘Your Worship.’ When addressing a judge, use ‘Your Honour.’ Refer to our guidelines on proper conduct when appearing before them. The prosecutor will provide ‘particulars,’ which include written information about the evidence in your case, to you or your lawyer, also referred to as ‘counsel.’ This is known as ‘disclosure.’ Additionally, the prosecutor should inform you of the potential sentence they would recommend to the judge if you were to plead guilty.

If you don’t have a lawyer, you can discuss your matter with a prosecutor, or they may engage the duty counsel provided by Legal Aid to assist you. If you already have legal representation, your lawyer will interact with the prosecutor on your behalf.

 

The justice will inquire if you are prepared to enter a plea of guilty or not guilty. In the case of more serious (indictable) offenses, you’ll be asked if you are ready to ‘elect’ (choose the court for your trial) or if you need time to consult with a lawyer. Typically, the justice will adjourn the matter to another day to allow you sufficient time for legal counsel. It might take more than one appearance to receive legal advice and decide on your plea or election.

 

Certain court proceedings may be conducted via telephone or videoconference, using the Microsoft Teams platform. For the latest information on the various types of proceedings and their conduct, refer to Practice Directions and Notices to the Profession and the Public issued by the Chief Judge. Guidance on participating remotely in a virtual conference or hearing can be found in the ‘Attending Remotely’ section.

Hiring Legal Counsel

 

To minimize the frequency of your court appearances, it’s advisable to consult with a lawyer before your initial appearance. If you haven’t already sought legal representation, duty counsel is often available for free consultation at the courthouse on the day of your initial appearance. Arrive at least thirty minutes early and request to see duty counsel upon arrival.

 

Speaking with a lawyer before entering a plea is crucial. In many cases, particularly those involving complex and serious charges, having legal representation is a wise choice. If you need a lawyer’s assistance but cannot afford a private one, you may be eligible for Legal Aid. Whether you qualify for Legal Aid depends on your financial status and the nature of the charges you are facing. If you meet the criteria, a lawyer will be assigned to your case.”

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