Often those charged for the first time will contact our office in a panic about their first court appearance. Some think that this is their trial date. This is understandable. Rarely do the police fully explain the court process upon arrest.
In actuality, very little happens on the first appearance. Whether you are released by police following your arrest, or released after an appearance in bail court, you have to be given a court date for the court to maintain jurisdiction over your charges. That appearance takes place in an administrative court presided over by a Justice of the Peace. The witnesses will not be in attendance, you will not be asked whether you are pleading guilty or not, and the substance of your case will not be discussed in court.
The main role of the Justice of the Peace presiding in this court is to ensure that steps are being taken by both sides, so that matters are dealt with in a timely manner. On a first appearance, the Justice of the Peace will inquire into 3 main things:
There is no requirement for an accused person to hire a lawyer before their first appearance, or at any stage of the process for that matter. While it is not advisable, it is possible to proceed all the way to trial on a self-represented basis. That being said, for several reasons, many people prefer to have a lawyer in place for the first appearance if they are in a position to hire one.
First, it provides some peace of mind in a stressful situation that your charges are in the hands of a professional from the outset. Second, the lawyer can appear on behalf of the accused where the accused agrees to sign a document called a “designation of counsel” authorizing the lawyer to do so. While your court appearance is noted as being at a certain time, in reality you are likely on a list with many more people who have been told to appear on the same date at the same time. Depending on your luck, you may be stuck at court for the better part of the day waiting for your turn. Having a designated lawyer attend on your behalf allows you to go to work or attend to whatever else you would be doing if you didn’t have to be in court. Finally, having a lawyer in place from the beginning ensures that your matter is dealt with as efficiently as possible form the earliest stages. The uncertainty alone about what will ultimately happen with your charges can be incredibly stressful.
As part of their job, police have the discretion to decide whether or not to lay charges in relation to a matter under investigation. Once they have decided to do so, it is up to the Crown Attorney to decide whether or not to prosecute the charges. They do this by reviewing evidence gathered by police during the investigation in order to asses whether or not they have a reasonable prospect of conviction. The package of evidence provided by the police is referred to in the courts as “disclosure”. The reason for this is that it must (subject to some narrow exceptions) be “disclosed” to either the accused or their lawyer.
Disclosure allows the accused to understand the evidence that supports the charges they are facing. With the assistance of an experienced Criminal Defence Lawyer, it allows the accused to understand the allegations, assess the strength of the Crown’s case against them, and make an informed decision regarding whether to enter a plea of guilty or proceed to trial. Whether or not an individual committed the act alleged, the Crown is still obligated to prove the offence beyond a reasonable doubt in order for the court to make a finding of guilt. For this reason, even individuals who are not disputing the allegations are strongly advised to have a lawyer review the disclosure rather than simply setting a date for a guilty plea.
For some people charged with a criminal offence there may be a desire to “get things over with” and simply plead guilty to the charges. Even in situations where you know you committed the offence this is not advisable. In the first place, there are a number of serious consequences that can result from a criminal conviction. In addition to the penalty form the court, which can involve potentially significant periods of custody for serious charges, there are often consequences in other areas that continue to have impact long after the sentence of the court has been served. These may relate to immigration, employment, travel, insurance, custody of children and lawsuits. It is essential to receive professional advice before making a decision to plead guilty to a criminal offence. If you do decide to plead guilty, there is typically a range of sentencing options for a judge to consider. The role of a defence lawyer in these situations is to advocate on your behalf to ensure that your interests are protected and the sentence you receive is as lenient as possible in the circumstances.
If you’re not guilty of the offence, you cannot plead guilty and you must proceed to trial. Even if you have committed the offence, you may still exercise your right to a trial and require the Crown Attorney to attempt to prove your guilt beyond a reasonable doubt. In order to make an informed decision, you need to understand the strength of the Crown’s case as, in some cases, there may be a significant risk of more serious consequences following a conviction at trial. After reviewing the disclosure, an experienced Criminal Defence Lawyer can provide you with a proper legal opinion about the strength of the Crown’s case to assist you with this decision.