Detention or Arrest

It is always in your best interest to be respectful and courteous in dealing with police officers and to provide your identity. If you ask to leave and officers deny you the right to leave, you are being detained. If you are placed under arrest after detention, officers have to tell you the reason for arrest.

If you are detained or arrested, it is usually best to exercise your right to silence. If you are detained or arrested, you also have the right to call a lawyer of your choice. If your lawyer is unavailable, you may ask to call the Legal Aid phone line.

After arrest, police officers can release you with a mandatory court date on a Promise to Appear or an Appearance Notice. This document may include mandatory conditions that you must follow. It is very important that you keep a copy of these documents for your lawyer. Please scroll down to the First Appearance section for next steps.

If the police officers do not release you after arrest, then you are being held until there is a bail hearing to determine whether you can be released. Please see the Bail Hearing section next for next steps.

Bail Hearing

A bail hearing is to determine whether you can be released pending trial.

Crown Counsel (also commonly known as a prosecutor) can seek to detain you in custody if:

1. There is a concern that you will not attend court;

2. There is a concern that you will commit other crimes while out on bail; or

3. It is against the public interest and the administration of justice.

If Crown is seeking to detain you in custody, your lawyer will present arguments or a release program to the judge to show that Crown’s concern is unreasonable.

If you are released, you will have release conditions outlined to you in a Release Order. Please see Interim Appearances for next steps.

It is very important that you understand the conditions imposed on you before signing the Release Order. You must abide by court conditions. Any failure to follow court conditions can result in new charges being laid against you. Speak to your lawyer if any of your conditions are problematic.

First Appearance

After being released by the police, you must attend the first court appearance. If you do not attend, a warrant will be issued for your arrest. If you have retained a lawyer, they can attend on your behalf.

At this appearance, your lawyer will state that they are retained on the file and request particulars from Crown Counsel. Disclosure often includes the police report, officer notes, witness statements, tests or reports conducted by the police and any digital evidence gathered by the police. Please see Interim Appearances for next steps.

Interim Appearances

After your initial appearance in court, the following appearances leading up to trial are interim appearances. These appearances occur every 2-3 weeks to allow regular check-ins with the court. If you have not retained a lawyer, then you are required to personally attend or a warrant will be issued. If you have retained a lawyer, your lawyer will advise whether they will be making appearances on your behalf.

During interim appearances, your lawyer will receive and assess the particulars provided by Crown. You will receive a legal opinion on your case as well as your available options.

Occasionally, your lawyer will be able to negotiate an alternative or lesser plea deal with Crown Counsel. Your lawyer will explain the consequences of the alternative programs or taking a plea deal but ultimately, the decision is up to you. If you choose to take the plea deal, you do not have to go to trial and a sentencing will be held. Please see the Sentencing section for next steps.

If there is an issue that needs to go to trial, then your lawyer will use interim appearances to request more disclosure from Crown. Once all disclosure has been received, your lawyer will discuss strategies for trial. If you choose to take your matter for trial, your lawyer will set a trial date. Please see the Trial section for next steps.

Trial

Your lawyer will advise whether your legal matter has issues that should go to trial. Bear in mind that trial is more expensive than resolving the matter without trial. Your lawyer will explain the issues, provide your options and discuss strategies for the trial process.

At trial, Crown counsel will present facts and evidence to prove your charges. Your lawyer will have the opportunity to present your evidence and testimony as well as contest the Crown’s evidence.

At the end of the trial, the court will render a decision and impose a sentence. In some situations, the court may need time to deliberate and the decision will be given shortly after trial. In other situations, the sentencing hearing may occur some time after the trial/decision to allow for assessments and the consideration of assessment reports to allow for a fair sentence.

Sentencing

If your lawyer has worked out a plea agreement with Crown Counsel and you decide to agree to the plea (voluntarily with the understanding of the nature of the plea and the consequences) then your lawyer will set a disposition hearing. At this hearing, you will plead and the sentence will be imposed by the court. Despite a plea agreement, it must be noted that the court still has discretion to impose a sentencing that they deem fit.

A sentencing may also take place after a trial and decision. At this hearing, the court will consider any character references and assessment reports prior to imposing a fit sentence.