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I’ve Been Arrested, What Should I Expect?

I've been arrested, now what?

First Steps

Whenever we are placed into stressful situations such as arrest, it is natural to feel a large amount of discomfort.

This new world is filled with unknown legal procedures, legal jargon, and worst of all, life-altering legal consequences that can disrupt our lives.

In these crucial moments, we need to make quick decisions and we frequently find ourselves lacking proper information that is easily understandable to the average person.

Let our team of professionals what you through the next processes and how our law firm can help.

 

The Release Process

    1. Hopefully you have been released on bail, or an Undertaking to Appear in court, or you soon will be.
    2. Depending on what charges have been filed against you, you will need to provide your fingerprints in accordance with the Identification of Criminals Act. Unfortunately, at this early stage, you will have to abide by these requirements before or on your court date.

 

Your First Court Appearance

During your first appearance in court, you will be asked if you have retained the service of a lawyer by either the Crown Attorney or judge. Generally, if the defendant has not sought the assistance of a lawyer, the case will be postponed for approximately a month in order for the defendant and the criminal lawyer to establish their case and appear on the next mandated court date. In order for your criminal lawyer to appear on your behalf, without needing you to attend every court proceeding, your lawyer will prepare and pass on a document referred to as a Designation of Counsel.

 

Disclosure

  1. Disclosure or partial disclosure of the Prosecution’s case against you may be given to you or your lawyer on the first or second court appearance. It is crucially important that your lawyer obtains and reviews this material as soon as possible.
  2. An early review of the disclosure material can often make the difference between being found guilty or not guilty of the charge or charges you are facing. In the world of criminal law, preparation is everything.

For instance, the lawyer working your case may want to hire a private investigator who is capable of acquiring witness testimonies from sources that were not previously known at the time the crime was allegedly committed.

 

What evidence can be used for and against you?

It is very important for you to be aware that not all evidence that was collected by the police, or the evidence that was offered by the Crown Attorney, can be used in the courtroom. This is why it is important to work with an experienced lawyer that can recognize issues like these that can help determine your guilt or innocence.

 

The Crown Pre-Trial / Crown Resolution Meeting

  1. A Crown Pre-Trial refers to a meeting (often mandatory) between your criminal lawyer and the Crown Attorney in which all information is disclosed and the two parties aim to resolve your case without needing to go to trial.
  2. At The Criminal Law Team we welcome the opportunity of serving you to the very best of our abilities, and we are totally committed to obtaining the successful outcome you and your case deserve. If there is a need to go to trial, The Criminal Law Team will gladly work towards accomplishing a successful outcome for your case.

 

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