Facing criminal charges can be overwhelming. In most cases, resolving your matter will involve multiple court appearances, meetings with your lawyer, negotiations with the Crown, legal applications, and hearings before your case reaches its conclusion.
In general, most criminal cases that arise in Brampton start in the Ontario Court of Justice. Depending upon the nature of the charge, the decision made by the Crown as to which level of court (the Superior Court) is appropriate and/or whether or not there were certain issues raised through the evidence and based on the decisions of the accused, some indictable offenses may be heard in the Superior Court of Justice.
There are nine major stages in a criminal case, from arrest through sentencing. Understanding these steps helps you know what to expect throughout your case.
1. Arrest and Being Released from Custody
Most criminal cases start with an arrest and criminal charges. When arrested, the accused is given a document stating the charges. They are then released back into the community with restrictions, known as conditions, or held in jail until a bail hearing takes place.
If the accused is not released from jail, a bail hearing will typically occur. A justice of the peace will decide whether the accused can remain out of jail while awaiting the outcome of the case or must remain in custody.
Canadian law allows for a reasonable expectation of bail unless a reason exists to deny it. The justice of the peace considers the safety of the community, whether the accused will miss future court appearances, and public confidence in the justice system when deciding whether bail should be granted and what conditions should be imposed. This is where an experienced Bail Lawyer is almost always needed.
If bail is granted, the accused must follow the bail conditions. Failing to do so can result in additional criminal charges, a return to jail, or changes to the bail conditions.
2. The First Court Appearance
Usually, a few weeks after receiving the charges and being released from jail, the accused will have their first court appearance. In most cases, the accused will appear before a justice of the peace at the courthouse.
This will usually not be a trial. No witnesses will testify, no evidence will be admitted, and the court will not determine guilt or innocence. The main purpose of the first appearance is to confirm that the accused understands the charges and to determine the next steps.
The court may discuss:
- Whether the accused has hired a lawyer
- Whether the Crown is prepared to provide disclosure
- Whether the accused needs an interpreter
- How the Crown plans to proceed
- The next court date
- Bail conditions that were previously imposed
It is very unwise to ignore a court appearance. Missing a court appearance can lead to an arrest warrant being issued and a charge of failing to appear.
Once retained, many lawyers, like Manbir Nirwal, represent their clients during routine appearances related to the case. A lawyer’s ability to represent a client at multiple appearances may depend on the specific circumstances of the case and directions from the court.
3. Reviewing and Receiving Crown Disclosure
Crown disclosure includes the evidence gathered by police and provided to the Crown Attorney. Examples of evidence that may be included in disclosure include:
- Police notes from the investigation
- Witness statements
- Videos from body-worn cameras, security cameras, and other sources
- Photographs
- Audio recordings
- Text messages and social media records
- Medical records
- Copies of warrants used to obtain property
- Expert reports
- Statements allegedly made by the accused
The Crown has a responsibility to provide disclosure regarding all relevant information in its possession, excluding information that is privileged or clearly irrelevant. Disclosure is an important part of an accused person’s right to make full answer and defence.
A criminal lawyer reviews the disclosure to determine whether there are any gaps in the Crown’s theory, contradictions between the evidence and the allegations, missing evidence, possible Charter violations, and potential defences. Additional disclosure requests may need to be filed if significant gaps exist.
Responsible decisions about pleading guilty, resolving the case, or proceeding to trial should not be made until all relevant disclosure has been reviewed and the accused has consulted with their lawyer.
4. Crown Pre-Trial Discussion
Following a review of the disclosure and receiving instructions from the client, defence counsel will likely meet with the Crown Attorney for discussions regarding:
- The strength of the prosecution’s case
- Disclosure shortfalls
- The withdrawal of charges
- Diversion or alternative programs
- A guilty plea to a reduced offence
- The Crown’s position on sentencing
- Trial issues and the expected timeframe
Although Crown pre-trial discussions do not require the accused to enter a guilty plea, they give defence counsel an opportunity to understand the Crown’s position, explore possible resolutions, and discuss alternatives to trial.
In some cases, a resolution is reached without a trial. In other cases, the matter continues because the parties disagree or because the accused wishes to challenge the allegations.
5. Judicial Pre-Trial
Cases that are considered serious or complicated may require a judicial pre-trial. A judicial pre-trial is a meeting attended by a judge, defence counsel, and the Crown Attorney.
A judicial pre-trial is not a trial. Its primary purposes are to:
- Narrow the issues for trial
- Explore possible resolution
- Identify Charter applications
- Estimate the amount of time required for trial
- Confirm that the parties are ready for trial
By conducting judicial pre-trials, courts can better manage their schedules and reduce unnecessary delays.
Ontario Court of Justice guidelines state that, before attending a judicial pre-trial, the Crown should provide the presiding judge with a police synopsis and all relevant documentation.
Unless confidential resolution discussions take place, the same judge may hear the trial after conducting the judicial pre-trial.
6. Choice of Trial Forum
The available choice of trial forum depends largely on the classification of the offence.
Summary conviction matters and many indictable offences are prosecuted in the Ontario Court of Justice. Certain indictable offences give the accused the option of:
- A trial before a judge alone in the Ontario Court of Justice
- A trial before a judge alone in the Superior Court of Justice
- A trial before a judge and jury in the Superior Court of Justice
Depending on the classification of the offence, procedural requirements may limit the options available to the accused.
A lawyer can advise the accused about the advantages and disadvantages associated with each trial forum. Considerations may include:
- The complexity of the evidence
- Legal issues involved in the case
- The expected length of time before the trial begins
- The nature of the allegations
Certain Superior Court trials may include a preliminary inquiry. However, preliminary inquiries are now available only for limited classes of offences.
A preliminary inquiry examines whether there is enough evidence to justify requiring the accused to stand trial. It is not a determination of guilt.
7. Scheduling the Matter for Trial
Once the required pre-trial preparations have been completed, the matter may be scheduled for trial.
Before trial, defence counsel may be required to file applications regarding issues such as:
- Search or seizure under section 8 of the Charter
- Admissions or confessions made by the accused
- Delays in commencing or completing proceedings against the accused
- Lost or missing evidence
- Expert testimony
- The admissibility of previous conduct
- Disclosure issues
Additional appearances may also be required to confirm the availability of witnesses, interpreters, documents, and courtroom time.
Delays may arise, particularly in matters requiring extended periods of trial time. During these delays, the accused must continue to comply with all release conditions.
8. Trial
The prosecution must establish every element of the alleged offence beyond a reasonable doubt.
The prosecutor calls the Crown’s witnesses first. Each Crown witness may be cross-examined by defence counsel. Defence counsel may challenge the witness’s credibility, reliability, and the admissibility of the evidence.
After the Crown has finished presenting its evidence, defence counsel decides whether to present evidence. The accused has the right to remain silent and is not required to testify. A decision about testifying should be made only after receiving proper legal advice.
After all the evidence has been presented, the prosecution and defence make submissions based on the applicable facts and law. The presiding judge or jury then returns a verdict of “not guilty” or “guilty.”
An acquittal ends the prosecution, subject to the Crown’s limited rights of appeal.
9. Guilty Plea and Sentencing
Sentencing can occur after an individual has entered a guilty plea in court or has been found guilty of the offence at trial.
Before accepting a guilty plea, the court must confirm that the accused is entering the plea voluntarily, understands the consequences of the plea, and accepts the relevant facts that support the offence.
Factors the judge may consider when deciding on an appropriate sentence include:
- The seriousness of the offence
- Any prior offences committed by the accused
- Any harm caused by the offence
- The presence of aggravating factors, which may increase the sentence
- The presence of mitigating factors, which may reduce the sentence
- The possibility of rehabilitation
- When the guilty plea was entered
- The personal circumstances of the accused
- Victim impact statements
- The need for deterrence and the protection of society
Possible sentences may include:
- A discharge
- A fine
- Probation
- A conditional sentence
- A driving prohibition
- Restitution to the victim
- Imprisonment
Speak With a Brampton Criminal Lawyer
Every criminal case follows its own path. Early legal advice can help you understand your charges, protect your rights, preserve useful evidence, and avoid decisions that may weaken your defence.
If you have been charged with a criminal offence in Brampton or elsewhere in Peel Region, contact Manbir Nirwal for a free consultation. He can review your situation, explain the court process, and help you determine the next steps in your case.
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.
