If you haven't experienced criminal proceedings, it can be confusing and stressful for you and your family. The chart below is a basic criminal court procedure.
^ click chart for link ^ 1. If you have been arrested you could be: - released with a "Promise to Appear" - youth released to parents with summons/ promise to appear - held in custody for bail hearing (prior criminal record) released with/ without surety - in custody (jail) until trial *Murder charges*
2. First Appearance - first court date, receive Disclosure (evidence against you) - retain a lawyer/ get legal advice click pic for link---> - second appearance date set
3. Second Appearance - enter a plea or set plea date - retain counsel/ legal advice - third appearance date (and this may continue for several dates)
4. Crown Resolution Meeting - "plea bargaining" on TV - Crown and defence come to an agreement on possible sentence - Disclose facts of the case, possibility of trial
5. Judicial Pre-trial - "closed chambers" in Judge's office - Crown, defence and judge evaluate evidence - discuss possible outcome of a trial/ sentences
6. Elect Mode of Trial - ONLY if indictable offence (felony on TV) accused picks judge/judge and jury - Summary offence (misdemeanor- less serious) are only in front of a judge
7. Preliminary Hearing - witnesses cross-examined - all evidence presented- no surprises (unless a motion is made)
8. Trial (may last a week, or a few months) depending on evidence and charges
9. Verdict and Sentencing - NOT GUILTY OR GUILTY (no such thing as innocent) - sentencing hearing follows days or weeks later- depends on charge and evidence
References Ontario Criminal Court Procedure. (n.d.). Robichaud's Criminal Defence Litigation. Retrieved from https://robichaudlaw.ca/ontario-criminal-court-procedures/ Kelly, M.A., Gulycz, M. (2014) Criminal Law for Legal Professionals. Toronto, ON: Edmond Publishing