CanLaw criminal law arrest bail and trial

   Home
 Lawyer Referrals
 Legal Forms
 Directories
 Advertisers
 Job Ads
 Contents

  US Waiver kits

  Pardon kits

  
 

The Trial: What to Expect

Lay Person's Guide to the Criminal Prosecution Process

If you are about to be or have been charged, you should talk to a lawyer immediately.
These pages are general information only, not legal advice.

Need a lawyer?   Please use the Click here CanLaw Lawyer Referral Services by phone

 

Trial
The trial is a complex process, (unlike TV trials) where your guilt or innocence is decided.

The more serious charges will be tried in your province's Superior Court and some of those are argued before a jury.

The less serious charges will usually be tried in the lower courts without a jury.

It is highly recommended that you retain a lawyer for trial. Do not leave this to the last minute. Lawyers require some time to prepare for your best defence.

Verdict: Guilty or Innocent
The verdict is given at the end of trial. If there is a jury, it decides on your guilt or innocence. If there is no jury, the judge will pass judgment.

If there are multiple charges, you could be acquitted of some of the charges while being found guilty of others.

If you are found not guilty, the matter is over unless the Crown is unhappy with either the verdict or the sentence. The Crown can appeal either one

Peace Bond
The judge can, in many cases, order you to sign a peace bond even if you are acquitted. If you refuse to sign, you could be jailed for up to 12 months. This is so wrong, it is astonishing, but it is the law until someone appeals it to the Supreme Court of Canada.


What Will Happen to You?
Click here Click here for a comprehensive list of the possible outcomes of your charges and trial and sentence.

     

Sentence
If you are found guilty (convicted) you will be sentenced. Sentence could be passed that same day or it may be adjourned to a later date to allow for assessments to be completed or preparations to be made.

Your lawyer will make submissions to the judge hoping to lessen the sentence, while the crown will do the exact opposite. Often the crown and your lawyer will negotiate and then make a joint submisson on sentencing. The judge is free to accept or reject any or all submissions.

The judge will consider many factors when deciding on and passing sentence.

    Some considerations are:
  • The offence
  • Your age
  • Any criminal record you have
  • The offences listed in your criminal record
  • The circumstances of the offence.
  • Submissions by your lawyer and the crown

What Will Happen to You?
Sentences can range from discharge (absolute or conditional), fines, probation, all the way up to jail. Determining which sentence is appropriate for which offender or offence is not an easy task.

Click here Click here for a comprehensive list of the possible outcomes of your charges and trial and sentence.

Appeal
If you are unsatisfied with the verdict or the sentence you can appeal either or both. So can the Crown.

There are very short and strict deadlines for filing appeals. Do not delay contacting a lawyer about your possible appeal if you believe you may want to appeal.


Understand this: Police records and files on you will never be erased. Records of every contact with you, every complaint by a neighbour,
arrest, charge, acquittal, stay, discharge, diversion and conviction are kept permanently by the police regardless of the outcome.
 

 
Home |  Contact |   Terms |  Directories |  Advertisers  |   Job Ads  |  Contents |    
CanLaw criminal law arrest bail and trial
Last Updated:       CanLaw Inc.