Facing a criminal trial is an overwhelming experience for anyone. Whether this is your first encounter with the justice system or you’ve been through it before, understanding the process and how to prepare can have a profound impact on your case.
Navigating the Criminal Trial Process
The journey through the criminal justice system can be complex, involving multiple phases before, during, and after your trial. Below is a breakdown of the key stages:
Arrest and Charges
When law enforcement has enough evidence to suspect a crime, they may arrest the accused. After the arrest, formal charges will be laid, detailing the specific offences you are accused of committing.
Bail Hearing
Shortly after being charged, you will likely have a bail hearing. This hearing determines whether you can be released from custody while awaiting trial or if you’ll remain in detention. The court will weigh factors such as the seriousness of the offence, your ties to the community, and any prior criminal record when making its decision.
Entering a Plea
Once you’ve been charged, you’ll need to decide whether to plead guilty or not guilty. Pleading guilty may result in an immediate sentencing, bypassing the trial. Pleading not guilty leads to trial. Your criminal lawyer will advise you on the best course of action based on the strength of the evidence and the details of your case.
Trial and Sentencing
If you plead not guilty, your case will proceed to trial where both sides present their evidence and arguments. If the court finds you guilty, a separate sentencing hearing will determine your punishment.
What Happens During a Trial
Criminal trials follow a structured process, with clear steps that both sides must follow. Familiarising yourself with these procedures can reduce your anxiety and prepare you for what lies ahead.
Trial Sequence
A standard criminal trial generally follows this order:
- Opening Statements: Both the prosecution (referred to as “the Crown”) and your defence lawyer outline what they intend to prove during the trial.
- Presenting Evidence: The Crown will present its evidence first, followed by the defence. Both sides may bring in witnesses, documents, and other forms of proof.
- Cross-Examination: Each party will have the chance to question the other’s witnesses. This is a vital aspect of testing the credibility and strength of the evidence.
- Closing Arguments: Both the Crown and your defence lawyer will summarise their cases to convince the judge or jury of their respective arguments.
- Verdict: Based on the evidence, the judge or jury will decide if you are guilty or not guilty.
Your Role During Trial
As the defendant, you have the right to remain silent throughout the proceedings. There is no obligation for you to testify, but if you choose to do so, the Crown will have the opportunity to cross-examine you. If you take the stand, it’s important to remain composed, answer questions truthfully, and avoid speculation.
Safeguarding Your Legal Rights
The Canadian Charter of Rights and Freedoms outlines several key protections for anyone accused of a crime. These include:
- Right to a Fair Trial: You are guaranteed a trial that is conducted fairly and without unreasonable delay.
- Right to Remain Silent: You are not obligated to speak to police or offer evidence against yourself. Any statements you make can be used in court.
- Right to Legal Counsel: If you cannot afford a criminal lawyer, you may qualify for legal aid.
- Protection from Double Jeopardy: You cannot be tried twice for the same crime if you were acquitted the first time around.
Don’t Face Your Criminal Charge Alone
An experienced criminal defence lawyer is vital when dealing with a criminal charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of a criminal offence. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.