All About Court
What is disclosure?
Disclosure is a package of information that includes the evidence that the Crown Attorney intends to use in the prosecution of your case. Written disclosure, i.e. police notes and reports, written statements, etc., is usually available to you on your first court appearance. Video statements, audio tapes and other such media are usually not available at court on the first date, but need to be ordered from the Crown Attorney's office separately.
Who are Duty Counsel and can they help me?
Duty Counsel are lawyers who are in court to assist unrepresented accused. They are provided by the Legal Aid Plan and therefore may require you to qualify financially before they can assist you.
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What happens at my first court appearance?
A lot depends on whether or not you have hired your own lawyer. If you have hired your own lawyer, he or she will usually attend court, have discussions with the Crown Attorney, receive the disclosure for your case, and adjourn your matter so that he/she can meet with you further. If you do not have your own counsel, you should attend, meet with Duty Counsel and ask them to assist you in getting your disclosure and adjourning your case so that you may speak to your own lawyer should you choose to retain one at a later date.
What if I just want to plead guilty and not get a lawyer?
You are not required to hire your own lawyer, but you should see Duty Counsel when you get to court for assistance in getting your disclosure and speaking with the Crown. If you want to plead guilty, you are able to do that without legal assistance and will likely be able to do so the same day. It is always advisable, however, to have legal assistance if pleading guilty, whether it is Duty Counsel or your own private lawyer.
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My matter is marked "To be spoken to". What does that mean?
This means the court has not yet heard from you as to how you wish to proceed with your case. Your court appearance is shown as "to set a date" or "to be spoken to" as the court is waiting for you to tell them what you will be doing - will you be setting a date for trial or pleading guilty? If you have your own lawyer, he or she will be advising the court on your behalf as your case progresses.
What is a Judicial Pre-Trial?
A Judicial Pre-trial is a meeting between your lawyer, the Crown Attorney and a Justice (Judge) to discuss your case to determine whether or not relevant issues can be resolved. It gives the Defense and the Crown Attorney an opportunity to hear the Judge's opinion regarding the evidence, any legal issues that arise, and to give both sides a recommendation as to how the matter can be resolved without the need of a trial. The Judge's recommendation, however helpful, is not binding and therefore all of your options remain intact.
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