On the off chance that you’ve been accused of a wrongdoing in British Columbia, odds are during the capture and outcome no one disclosed to you what’s in store. Most likely all you learned was the date you’re to appear at court. Also, that is on the off chance that you were discharged from the police.
Upon capture, there’s 2 prompt results:
- You’re discharged with a court date; or
- You’re kept for a safeguard hearing. Your safeguard hearing will result in either being discharged on safeguard or kept in prison until the result of your preliminary.
In any case whether you’re discharged or not, the criminal procedure is comparative.
1. first Appearance
The subsequent stage is possibly you or your attorney goes to court on the date you were given upon discharge (or if in prison, the date set by the court). The first appearance fills 2 needs:
- You get the points of interest of your case from the investigator; and
- a date is set for your arraignment hearing.
Note that occasionally the examiner won’t have the points of interest prepared for your first appearance. All things considered, you or your legal counselor should go to again before your arraignment hearing.
2. The Particulars
The points of interest is the administrative work setting out the examiner’s argument against you. You or your legal advisor can’t fabricate your resistance until you audit the specifics. The points of interest incorporate the charges against you, the police takes note of, the report to crown counsel (the investigator), any specialized information, (for example, breathalyzer results) and some other proof the examiner will depend on.
3. The Arraignment Hearing
The arraignment hearing is held in the court where your case continues. This meeting is the place you, the denounced, enter a supplication (not liable if guarding). At that point your preliminary and maybe fundamental hearing (see beneath) are booked.
4. Starter Inquiry
In the event that the investigator is posting your charge(s) as indictable (increasingly genuine offenses), at that point you are qualified for a primer request. In the event that your case is passing by synopsis charge, at that point you aren’t qualified for a primer hearing.
A primer request is an open door for you or your legal advisor to pose inquiries of the investigator’s observers – for the most part the exploring cops. This is a chance to get familiar with the body of evidence against you. This meeting is held in a court and the declaration of the considerable number of observers is sworn to tell the truth.
5. Pre-Trial Conference
Prior to your preliminary, you or your attorney must go to a pre-preliminary gathering (PTC). This is typically held 1 to 1.5 months before your preliminary and is additionally held in the court. At the PTC, any extraordinary issues are settled. Else, you (or your legal advisor) and the investigator affirm with the court that the two sides are prepared for preliminary.
6. The Trial
At last, you the blamed, get your day in court. Some of the time a judge will choose the issue that day. Different occasions, the judge will hold off settling on a choice. In the event that the judge holds off settling on a choice, you’ll get a date to come back to court at which time the judge will issue her or his choice.
In the event that a jury heard your case, at that point the jury will be told to choose your issue immediately. You’ll get familiar with the result upon the jury settling on its choice.
In case you’re found not blameworthy, you’re allowed to go. On the off chance that you’re discovered blameworthy, at that point you’ll be planned a condemning date (some of the time condemning may happen immediately after the choice). In the event that the condemning hearing is planned for the future, it is possible that you’re held in prison up to that point or discharged up to that point. This principally relies upon the earnestness of the conviction and whether correctional facility will be likely sentence. For instance, in the event that you’re discovered blameworthy of a first DUI, at that point you won’t be held in prison. In case you’re discovered liable of first degree murder, you’ll in all likelihood be held in prison.
7. The Sentencing Hearing
You trust your issue doesn’t go to a condemning hearing. In any case, now and again it does. The procedure at a condemning hearing is that the two sides will make entries for a specific sort of sentence (for example correctional facility length, probation terms, permit limitations, and so on – relying upon the idea of the conviction). The judge at that point chooses and arranges your sentence.