What is a Disclosure and When Will I Receive My Disclosure?
When someone is charged with a criminal offence, the evidence is important to determine if they can be convicted. The evidence in cases comes in the form of a disclosure. At Nirwal Law, we believe that our clients should be well informed regarding what evidence is presented to the courts to hold them accountable. For those charged with criminal offences and needing a Brampton criminal defence lawyer; understanding the disclosure is an integral part in defending your charges.
What is a disclosure?
A disclosure occurs when the Crown provides you with all the evidence they collected in connection with the criminal charges brought forward against you. This includes evidence that may help your case. This is done to give you the opportunity respond to the evidence that has been presented. It is vital to know and understand what is in a disclosure, which may consist of:
- Police reports,
- Witness statements,
- Photos, videos, and audio recordings,
- Surveillance footage,
- Forensic results (DNA analysis, fingerprints, etc.)
- Notes from police officers,
- and other relevant information.
In Canada, the Supreme Court has ruled that even evidence that is helpful to the accused must be disclosed as it is a fundamental part to ensuring the rights of everyone are protected.
When will I receive my disclosure?
A disclosure can take place at any time after your first court appearance. Usually, a disclosure can be received from the crown at any time throughout your case. Depending on the severity and complexity of the case at hand, a disclosure can either be received quickly, or can take a long period of time to receive.
When facing a criminal offence, it is important to understand that if a disclosure is delayed, your lawyer can ask the crown to provide the evidence as soon as possible. At Nirwal Law, we ensure that our clients receive their disclosure in a timely manner, so we can begin working on their cases as soon as possible.
Why is the disclosure important?
1. Understanding the Case
A disclosure allows you and your lawyer to review the types of evidence that will be used in court by the Crown to prove that you are guilty of the crime you are being charged with. This allows you to determine what evidence can be used to support your defence.
2. Uncovering Missing or Helpful Evidence
During a disclosure, evidence that may help your case can be found. This may include evidence that can prove your innocence, or evidence that can help counter act the evidence that is being used against you.
3. Negotiating with the Crown
The evidence provided in a disclosure can help your lawyer decide the best course of action when negotiating with the Crown. After reviewing the evidence, your lawyer may be able to reduce the charges brought forward against you or get the charges dismissed. A disclosure can also help your lawyer get the charges withdrawn or negotiate a fair outcome for your case.
4. Having a Fair Trial
When a disclosure has been received, we know the fundamental right to a fair trial is protected. With a complete disclosure, you will be able to prepare a proper defence for your case. Should the crown fail to give a complete disclosure, your lawyer has the right to bring it before the court.
How Nirwal Law handles Disclosure Evidence
At Nirwal Law, we know a disclosure is an integral part in determining the course of your case. When you need a criminal defence lawyer, we will review the evidence to ensure that nothing was missed and determine what can be done to defend your case.
Some of the ways we handle disclosure at Nirwal Law are:
We look at the evidence and find weaknesses in the case brought forward by the Crown.
Should there not be enough evidence that will be used in court or if there is evidence missing; Manbir Nirwal will ask for the evidence to be obtained.
By carefully reviewing the evidence provided in a disclosure, Manbir Nirwal will determine what strategy must be taken to defend your case based on the evidence provided in the disclosure.
What happens if there is a disclosure delay?
Delays in a disclosure can be very frustrating. If there is a delay in when you receive your disclosure, it can negatively affect your case. By not receiving a disclosure in a reasonable amount of time, the rights of the accused are violated.
Under the Canadian Charter of Rights and Freedoms, a delay in providing a disclosure can result in a dismissal of the charges brought forward against you.
At Nirwal Law, we fight for our clients to receive a disclosure in a timely manner and if there is a delay in receiving the disclosure; we ensure their rights are protected.
Why choose Nirwal Law?
When facing criminal charges, choosing the right lawyer can be the most important decision you will make. At Nirwal Law, we believe in providing exceptional representation to those who are being held accountable in the court system and we fight to protect your rights to a fair trial. We take pride in reviewing a disclosure and building strong defences for our clients. As one of Brampton’s top criminal defence lawyers, Manbir Nirwal is dedicated to protecting his clients.
Our team at Nirwal Law works hard to ensure your case has the greatest chance for a positive outcome. From acquiring a disclosure to negotiating with the Crown and representing you in court; we are here to help.
Contact Nirwal Law today
If you or someone you know is charged with a criminal offence, contact Nirwal Law for a free consultation to determine what legal options are available. At Nirwal Law, we offer expert advice and representation when dealing with the law. We encourage you to contact our office to set up a free consultation with Manbir Nirwal and experience what it means to have a Brampton criminal defence lawyer who fights for you.
Disclaimer: Information provided on this blog is for general informational purposes only, it does not constitute legal advice. If you have a case at the Brampton Criminal Court and need legal representation, contact Manbir Nirwal for a free consultation. We’re here to help.
