Difference between revisions of "Defending Yourself Against a Criminal Charge"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law|date= March 2018}} {{Dial-A-Law TOC|expanded = crime}}
If you are charged with a criminal offence and you cannot afford a lawyer or get legal aid, you may have to defend yourself. Learn your rights and what’s involved.


{{Dial-A-Law TOC|expanded = criminal}}
==What you should know==
If you are charged with a criminal offence, you may not be able to afford a lawyer or get legal aid. In that case, you may have to defend yourself. This script explains how to do so. You should defend yourself only as a last resort – the laws and the process can be complicated. To find out if you can get legal aid contact the Legal Services Society (LSS). To find a [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.asp legal aid location] near you, go to LSS’s website at [http://www.legalaid.bc.ca  www.legalaid.bc.ca] and under “Legal aid,” click “Legal aid locations”. Or call the LSS province-wide Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC).


Also, check the website of the Legal Services Society at [http://www.legalaid.bc.ca www.legalaid.bc.ca]– details are in the Summary section at the end of this script. As well, check the following scripts:
===You are presumed innocent===
*[[If You Receive an Appearance Notice or Summons (Script 210)|210]], called “If You Receive an Appearance Notice or Summons”
If you are charged with a criminal offence, the law '''presumes you are innocent'''. As you walk into the court, the judge should be thinking, "I presume this person is innocent."
*[[Pleading Guilty to a Criminal Charge (Script 212)|212]], called “Pleading Guilty to a Criminal Charge”


If you defend yourself in a trial, you should be clear about the following three basic legal principles:
===The prosecutor must prove your guilt beyond a reasonable doubt===
#The law presumes you are innocent, even though you are charged with a criminal offence. As you walk into the court, the judge should be thinking, "I presume that this person is innocent."
The '''prosecutor''', also called Crown counsel, is the lawyer making the case against you. They must prove you are guilty of the offence. Generally, you don't have to prove anything.
#The Crown, called Crown Counsel (Crown), has to prove that you are guilty. Generally, you don't have to prove anything.
#A judge can find you guilty only if the Crown proves the charge beyond a reasonable doubt. So if the judge has a reasonable doubt about whether you are guilty, you cannot be convicted.


There are some exceptions to these principles, which a lawyer can explain to you.
If the prosecutor doesn’t prove your guilt, the judge will '''acquit''' you (make a legal decision that you’re not guilty).


==What are the steps in a trial?==
The prosecutor must prove your guilt '''beyond a reasonable doubt'''. If the judge has any reasonable doubt about whether you are guilty, they cannot '''convict''' you (find you guilty). If, in considering all the evidence, the judge can’t decide who to believe, they must acquit you.
This script describes a criminal trial in provincial court. If you are charged with a serious criminal offence, you may have a choice of which level of court will hold your trial. If you decide to defend yourself without a lawyer, it is extremely important to bring to the trial any documents or physical evidence that you intend to use at the trial.


==First appearance==
===You have the right to a fair trial===
Your first appearance date is not the trial date. The first time you appear in court is the date you receive documents called “particulars” or “disclosure” from the Crown. Disclosure lists the allegations against you, and what the Crown will rely on to prove you are guilty.
If your criminal charge goes to a trial, listen carefully and ask the judge to explain anything you don’t understand. The judge has a duty to help you understand the process to ensure a fair trial, but the judge can’t be your lawyer.


Make sure you arrive at the time listed in any document that tells you the first date you must be at court. If you do not have a lawyer, tell the Sherriff that you are present and wait until your name is called. When your name is called, stand up in front of the judge or justice of the peace and ask the Crown for your disclosure. At this point, ask to adjourn your case (put it on hold) for as long as you need (or the court will allow) to read the disclosure, consult a lawyer, and decide whether to plead guilty or go to trial.
==The steps in the process==


There may be a big difference between what the disclosure says (what the police say you did) and what you believe actually occurred. There may also be things missing from the disclosure that you believe are important to your case. If so, you can ask the Crown to give them to you.
===The process in Provincial Court===
This information describes the process of defending yourself against a criminal charge in Provincial Court. If you are charged with a serious criminal offence, you may have a choice of which level of court will hold your trial, Supreme Court or Provincial Court. If so, you should contact legal aid to find out if you qualify for a free lawyer. Call 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC, or [https://lss.bc.ca/legal_aid/criminalLaw.php visit legalaid.bc.ca].


Your next appearance in court will be an “arraignment hearing” where you will plead “not guilty” or “guilty”.  
===Step 1. First appearance===
You will have been given a document telling you the date of your '''first appearance''' in court. You must go to court at that time and date. If you don’t, a warrant may be issued for your arrest, and you could be charged with an offence (failing to appear in court).


==How do you plead?==
====What happens at the first appearance====
Before the trial, at an “arraignment hearing”, the court may ask you how you plead – guilty or not guilty. This is called ''entering a plea''. If you don't do so, the court will enter a plea of “not guilty” for you. Pleading “not guilty” does not mean that you deny you committed the offence. It means that you are making the Crown prove the case against you, if they can. If you plead not guilty, the judge presumes you are innocent unless the Crown proves that you are guilty.
The first appearance date is not a trial. It’s the first step to find out more about the charge against you. The prosecutor will give information about the charge, in a '''particulars''' or '''disclosure''' document. It lists the allegations against you, and what the prosecutor will rely on to prove you are guilty.


==What happens if you plead not guilty?==
The prosecutor may also give you their '''initial sentencing position''', which is the '''sentence''' (or penalty) they think the judge should give you.
You will be asked to see the judicial case manager in the courthouse. They will give you a trial date, which can be anywhere from a few months to over a year away, depending on the type of charge. You will get two dates from the judicial case manager: a Trial Confirmation Hearing (TCH) date and a trial date. The TCH is usually 6 weeks before your trial. You must attend court on the TCH date to tell them you are ready to proceed on the trial date.


==The trial==
====When you arrive at court====
The trial starts with the formal charge being read to you. The judge will confirm that you pleaded not guilty and then ask the Crown to proceed. The Crown will try to prove you are guilty by calling its witnesses and questioning them. They will tell the court (testify) about what they saw or heard about the case. You have the right to question (cross-examine) each witness the Crown uses. You would question them to weaken their testimony by showing that they have a poor memory, or are mistaken or lying.
Make sure you arrive at court on time. If you do not have a lawyer, tell the sheriff you are present. When your name is called, stand up in front of the judge or justice of the peace and introduce yourself. Ask the prosecutor for the disclosure and initial sentencing position.


==Should you make a “no-evidence motion”?==
At this point, ask to '''adjourn''' your case (put it on hold) for as long as you need (or the court will allow) to read the material, talk with a lawyer, and decide on how to proceed.
When the last witness for the Crown has finished testifying, you may want to make a “no-evidence motion”. It depends on whether the Crown has proven all the parts of the offence. For example, if you are charged with possession of marijuana, the Crown must prove several things. First, that you were the person who had it; second, where and when you had it; third, that you had knowledge and control of the marijuana; and fourth, that it really was marijuana. If the witnesses cannot identify you as the person who possessed the marijuana, there is no evidence on the first thing, your identity. So you would stand up and tell the judge that there is no evidence that you possessed the marijuana. If the judge agrees, the charge must be dismissed.


==Should you use witnesses?==
====Read the material carefully====
If you don't make a no-evidence motion, or you do, but lose it, then you have to decide whether to call any witnesses – either yourself or someone else – to tell your side of what happened. If you want to use a defense, such as self-defense, you would normally testify yourself, and then call other witnesses who could testify to support what you say. “Testify” means tell the judge, under oath, what happened. This means you promise (or swear or affirm) that what you say is the truth. No one can force you to testify – you decide. But if you don’t testify, the judge cannot consider any explanation you give. If you choose to testify, you are a witness and the Crown can question (cross examine) you – just as you can cross examine the Crown’s witnesses. You must answer all the questions, if they are about the charge against you.
There may be a difference between what the disclosure says (what the police say you did) and what you believe happened. There may be things missing from the disclosure you believe are important to your case. If so, you can ask the prosecutor to give them to you.


Often, if you plead not guilty, you do so because you say that you did not commit the offence. In that case, you would explain this to the judge.
===Step 2. Talk with a lawyer===
At this point, '''speak with a lawyer''' before you do anything else. A lawyer can tell you about your legal rights and options, how strong the Crown’s case is against you, and what kind of sentence you might get if the judge convicts you (finds you guilty).


If you decide to call witnesses, you question them first, and then the Crown may cross-examine them.
{| class="wikitable"
|align="left"|'''Tip'''
Most courthouses have lawyers called '''duty counsel'''. They give free legal advice to people who have a case in the courthouse on that day. Duty counsel might be able to help you.
|}


==What submission should you make?==
===Step 3. Decide how to proceed===
The next step in the trial is called “submissions”. After all the Crown’s witnesses have testified, and after you have either called your witnesses or have decided not to call any, both you and the Crown can summarize your cases. The Crown can explain to the judge why you are guilty, and you can explain why you are not guilty. All you have to do is raise a reasonable doubt in the judge's mind. If you do, the judge has to find you not guilty.
You need to decide how to '''plead''' (respond to the charge against you). In deciding how to proceed, you have three choices.


==What happens when the judge announces the verdict?==
====You can plead not guilty====
After the Crown and you finish your submissions, the judge announces the decision, or verdict. You are either acquitted or convicted. If you are acquitted, the charge is dismissed, and you are free to go. If you are convicted, the judge will penalize (sentence) you. The judge may sentence you then, or later. Depending on the offence and your background, the sentence could be a discharge, a fine, probation, or jail. Check script [[Conditional Sentences, Probation and Discharges (Script 203)|203]], called “Conditional Sentences, Probation and Discharges” for details on those types of sentences.
Pleading '''not guilty''' means you are making the prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the prosecutor must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial.
 
====You can plead guilty====
A '''guilty plea''' means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing. For more details, see our information on [https://dialalaw.peopleslawschool.ca/pleading-guilty-to-a-criminal-charge/ pleading guilty to a criminal charge].
 
====You can ask for more time====
You can ask for more time to decide how to plead. The court can give you an '''adjournment'''. The court will set a date for your next court appearance, where you have to decide how you want to plead.
 
===Step 4. Arraignment hearing===
The court appearance where you tell the court how you will plead is called an '''arraignment hearing'''. At this hearing, you '''enter''' your plea, telling the court whether you plead not guilty or guilty.
 
If you plead not guilty, the court will give you a trial date. It can be anywhere from a few months to over a year away, depending on the type of charge and the caseload in your local court.
 
===Step 5. Prepare for the trial===
When you prepare your defence, think about what '''evidence''' (information about the crime) you can use. Evidence includes documents, witnesses, or your own personal '''testimony''' (telling your story).
 
It is extremely important to bring to the trial any documents or physical evidence you plan to use at the trial.
 
{| class="wikitable"
|align="left"|'''Tip'''
Make sure the prosecutor has given you all the evidence they’ll use (called the '''disclosure'''), such as any documents or witness statements. The prosecutor should also tell you who they’ll call as a witness. You can send the prosecutor a letter or email asking for this information.
|}
===Step 6. The trial===
At your trial in front of a judge, the prosecutor (and you if you choose to) call witnesses and present evidence. The judge decides if you’re not guilty or guilty.
 
====The Crown must prove its case====
Before you can present your defence, the prosecutor will present the case against you. The prosecutor must '''prove beyond a reasonable doubt''' that you’re guilty of all the parts (the '''elements''') that make up the crime. To do this, they present evidence to the court, using witnesses or documents. The witnesses will '''testify''' (tell the court) about what they saw or heard. You have the right to '''cross-examine''' (question) each witness. Your questions might try to show weak spots, points they’re not sure of, or that they’re lying.
 
====You might make a no-evidence motion====
For a judge to find you guilty, the prosecutor must prove all the parts of the offence. When the prosecutor finishes presenting their case, if you feel they haven’t proven all the parts, you can make a '''no-evidence motion'''. If the judge agrees there is no evidence of an element of the offence, the charge is dismissed.
 
For example, if you are charged with shoplifting, the prosecutor must prove several things:
 
* you’re the person charged,
* you committed the offence,
* you intended to do it, and
* the offence took place within the court’s jurisdiction.
 
Perhaps the prosecutor’s evidence does not show your intent to take the item without paying for it. Instead, the evidence makes it appear you simply forgot to pay for the item. In this case, you might make a no-evidence motion. You would stand up and tell the judge there is no evidence of your intent to commit the crime. If the judge agrees, the charge would be dismissed.
 
====Presenting your defence====
If you don't make a no-evidence motion (or you do but the judge doesn’t agree with you), you can present your defence. You can use documents, call witnesses, and, if you like, give your own personal '''testimony'''.
 
If you call witnesses, you question them first, and then the prosecutor may '''cross-examine''' (question) them. If you want to use a document, it usually has to be presented to court by a witness to confirm that it’s real.
 
You can testify yourself, but you don’t have to. You have a right to remain silent. If you choose to testify, you must speak under oath. The prosecutor can cross-examine you.
 
====Closing your case====
After you’ve finished presenting your defence, you’ll close your case. Tell the judge why you think the prosecutor didn’t prove that you’re guilty beyond a reasonable doubt. This summary is called your '''submission'''.
 
===Step 7. The judge’s decision===
After the prosecutor and you finish your submissions, the judge gives their decision, or '''verdict'''.
 
If you are found not guilty, you are '''acquitted'''. The charge is dismissed, and you are free to go.
 
If you are found guilty, you are '''convicted'''. The judge will penalize (sentence) you. The judge may sentence you then, or later.
 
===Step 8. Sentencing===
If you are convicted of the criminal charge, the judge will '''sentence''' you. Depending on the offence and your background, the sentence could be a discharge, a fine, probation, or jail. [[Conditional Sentences, Probation, and Discharges|We explain the possible sentences]].


The judge will want to know something about you before deciding what sentence to give you. Key information includes your age, whether you are married, how many people you support, if you are working, your income, your plans, and why you committed the offence. So be prepared with this information in case the judge asks for it.
The judge will want to know something about you before deciding what sentence to give you. Key information includes your age, whether you are married, how many people you support, if you are working, your income, your plans, and why you committed the offence. So be prepared with this information in case the judge asks for it.
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If you can get letters about your character from people, such as an employer, clergyman, or doctor, or even from your family and friends, ask the judge for an adjournment for time to get these letters. Then give them to the judge before you receive your sentence.
If you can get letters about your character from people, such as an employer, clergyman, or doctor, or even from your family and friends, ask the judge for an adjournment for time to get these letters. Then give them to the judge before you receive your sentence.


==Summary==
==Who can help==
Defending yourself is very difficult, and you should do it only as a last resort. At least try to talk to a lawyer and get some initial advice. Then you will be in a better position to decide whether you want to hire a lawyer to represent you in court.


If you have to defend yourself and you do not understand something during the trial, ask the judge to explain it to you.
===With your case===


Also, check the [http://www.legalaid.bc.ca/publications/subject.php?sub=9 criminal law publications] on the Legal Services Society website, at [http://www.legalaid.bc.ca www.legalaid.bc.ca]. Click “Our publications” and then “Criminal law”. They explain what to do if you are charged with a crime, how to represent yourself in a criminal trial, and how to speak to the judge before you are sentenced. Other publications explain what to do if you are charged with several specific offences.
If you haven’t done so, contact '''Legal Aid BC''' to find out if you qualify for a free lawyer under legal aid.


* Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
* [https://lss.bc.ca/legal_aid/criminalLaw.php Visit website]


[updated January 2014]
If you cannot afford a lawyer or get legal aid, try to talk with a lawyer before your trial. Some legal help is better than none. On your first appearance in court or when you enter your plea, you can talk to '''duty counsel''' at the courthouse. They can give you brief advice and speak for you the first time you appear in court.


* [https://lss.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel.php Visit website]


----
At '''student legal clinics''' in the Lower Mainland and Victoria, law students can help if you’re charged with a summary conviction offence (a less serious crime) and likely won’t get a jail sentence if you’re convicted.
----


Call 250-385-1221 (Victoria) or 604-822-5791 (Lower Mainland)
Visit [https://www.uvic.ca/law/about/centre/ The Law Centre] (Victoria) or [https://www.lslap.bc.ca/ LSLAP] (Lower Mainland)


===With more information===
'''Legal Services Society''', the legal aid provider in BC, has a number of criminal law publications. They explain how to represent yourself in a criminal trial, and what to do if you’re charged with specific offences, including assault, theft and mischief.
:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]
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Latest revision as of 02:26, 15 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Jordan Allingham, Ferguson Allingham and Paul Briggs, Paul Briggs Law in March 2018.
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If you are charged with a criminal offence and you cannot afford a lawyer or get legal aid, you may have to defend yourself. Learn your rights and what’s involved.

What you should know

You are presumed innocent

If you are charged with a criminal offence, the law presumes you are innocent. As you walk into the court, the judge should be thinking, "I presume this person is innocent."

The prosecutor must prove your guilt beyond a reasonable doubt

The prosecutor, also called Crown counsel, is the lawyer making the case against you. They must prove you are guilty of the offence. Generally, you don't have to prove anything.

If the prosecutor doesn’t prove your guilt, the judge will acquit you (make a legal decision that you’re not guilty).

The prosecutor must prove your guilt beyond a reasonable doubt. If the judge has any reasonable doubt about whether you are guilty, they cannot convict you (find you guilty). If, in considering all the evidence, the judge can’t decide who to believe, they must acquit you.

You have the right to a fair trial

If your criminal charge goes to a trial, listen carefully and ask the judge to explain anything you don’t understand. The judge has a duty to help you understand the process to ensure a fair trial, but the judge can’t be your lawyer.

The steps in the process

The process in Provincial Court

This information describes the process of defending yourself against a criminal charge in Provincial Court. If you are charged with a serious criminal offence, you may have a choice of which level of court will hold your trial, Supreme Court or Provincial Court. If so, you should contact legal aid to find out if you qualify for a free lawyer. Call 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC, or visit legalaid.bc.ca.

Step 1. First appearance

You will have been given a document telling you the date of your first appearance in court. You must go to court at that time and date. If you don’t, a warrant may be issued for your arrest, and you could be charged with an offence (failing to appear in court).

What happens at the first appearance

The first appearance date is not a trial. It’s the first step to find out more about the charge against you. The prosecutor will give information about the charge, in a particulars or disclosure document. It lists the allegations against you, and what the prosecutor will rely on to prove you are guilty.

The prosecutor may also give you their initial sentencing position, which is the sentence (or penalty) they think the judge should give you.

When you arrive at court

Make sure you arrive at court on time. If you do not have a lawyer, tell the sheriff you are present. When your name is called, stand up in front of the judge or justice of the peace and introduce yourself. Ask the prosecutor for the disclosure and initial sentencing position.

At this point, ask to adjourn your case (put it on hold) for as long as you need (or the court will allow) to read the material, talk with a lawyer, and decide on how to proceed.

Read the material carefully

There may be a difference between what the disclosure says (what the police say you did) and what you believe happened. There may be things missing from the disclosure you believe are important to your case. If so, you can ask the prosecutor to give them to you.

Step 2. Talk with a lawyer

At this point, speak with a lawyer before you do anything else. A lawyer can tell you about your legal rights and options, how strong the Crown’s case is against you, and what kind of sentence you might get if the judge convicts you (finds you guilty).

Tip

Most courthouses have lawyers called duty counsel. They give free legal advice to people who have a case in the courthouse on that day. Duty counsel might be able to help you.

Step 3. Decide how to proceed

You need to decide how to plead (respond to the charge against you). In deciding how to proceed, you have three choices.

You can plead not guilty

Pleading not guilty means you are making the prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the prosecutor must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial.

You can plead guilty

A guilty plea means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing. For more details, see our information on pleading guilty to a criminal charge.

You can ask for more time

You can ask for more time to decide how to plead. The court can give you an adjournment. The court will set a date for your next court appearance, where you have to decide how you want to plead.

Step 4. Arraignment hearing

The court appearance where you tell the court how you will plead is called an arraignment hearing. At this hearing, you enter your plea, telling the court whether you plead not guilty or guilty.

If you plead not guilty, the court will give you a trial date. It can be anywhere from a few months to over a year away, depending on the type of charge and the caseload in your local court.

Step 5. Prepare for the trial

When you prepare your defence, think about what evidence (information about the crime) you can use. Evidence includes documents, witnesses, or your own personal testimony (telling your story).

It is extremely important to bring to the trial any documents or physical evidence you plan to use at the trial.

Tip

Make sure the prosecutor has given you all the evidence they’ll use (called the disclosure), such as any documents or witness statements. The prosecutor should also tell you who they’ll call as a witness. You can send the prosecutor a letter or email asking for this information.

Step 6. The trial

At your trial in front of a judge, the prosecutor (and you if you choose to) call witnesses and present evidence. The judge decides if you’re not guilty or guilty.

The Crown must prove its case

Before you can present your defence, the prosecutor will present the case against you. The prosecutor must prove beyond a reasonable doubt that you’re guilty of all the parts (the elements) that make up the crime. To do this, they present evidence to the court, using witnesses or documents. The witnesses will testify (tell the court) about what they saw or heard. You have the right to cross-examine (question) each witness. Your questions might try to show weak spots, points they’re not sure of, or that they’re lying.

You might make a no-evidence motion

For a judge to find you guilty, the prosecutor must prove all the parts of the offence. When the prosecutor finishes presenting their case, if you feel they haven’t proven all the parts, you can make a no-evidence motion. If the judge agrees there is no evidence of an element of the offence, the charge is dismissed.

For example, if you are charged with shoplifting, the prosecutor must prove several things:

  • you’re the person charged,
  • you committed the offence,
  • you intended to do it, and
  • the offence took place within the court’s jurisdiction.

Perhaps the prosecutor’s evidence does not show your intent to take the item without paying for it. Instead, the evidence makes it appear you simply forgot to pay for the item. In this case, you might make a no-evidence motion. You would stand up and tell the judge there is no evidence of your intent to commit the crime. If the judge agrees, the charge would be dismissed.

Presenting your defence

If you don't make a no-evidence motion (or you do but the judge doesn’t agree with you), you can present your defence. You can use documents, call witnesses, and, if you like, give your own personal testimony.

If you call witnesses, you question them first, and then the prosecutor may cross-examine (question) them. If you want to use a document, it usually has to be presented to court by a witness to confirm that it’s real.

You can testify yourself, but you don’t have to. You have a right to remain silent. If you choose to testify, you must speak under oath. The prosecutor can cross-examine you.

Closing your case

After you’ve finished presenting your defence, you’ll close your case. Tell the judge why you think the prosecutor didn’t prove that you’re guilty beyond a reasonable doubt. This summary is called your submission.

Step 7. The judge’s decision

After the prosecutor and you finish your submissions, the judge gives their decision, or verdict.

If you are found not guilty, you are acquitted. The charge is dismissed, and you are free to go.

If you are found guilty, you are convicted. The judge will penalize (sentence) you. The judge may sentence you then, or later.

Step 8. Sentencing

If you are convicted of the criminal charge, the judge will sentence you. Depending on the offence and your background, the sentence could be a discharge, a fine, probation, or jail. We explain the possible sentences.

The judge will want to know something about you before deciding what sentence to give you. Key information includes your age, whether you are married, how many people you support, if you are working, your income, your plans, and why you committed the offence. So be prepared with this information in case the judge asks for it.

If you can get letters about your character from people, such as an employer, clergyman, or doctor, or even from your family and friends, ask the judge for an adjournment for time to get these letters. Then give them to the judge before you receive your sentence.

Who can help

With your case

If you haven’t done so, contact Legal Aid BC to find out if you qualify for a free lawyer under legal aid.

  • Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
  • Visit website

If you cannot afford a lawyer or get legal aid, try to talk with a lawyer before your trial. Some legal help is better than none. On your first appearance in court or when you enter your plea, you can talk to duty counsel at the courthouse. They can give you brief advice and speak for you the first time you appear in court.

At student legal clinics in the Lower Mainland and Victoria, law students can help if you’re charged with a summary conviction offence (a less serious crime) and likely won’t get a jail sentence if you’re convicted.

Call 250-385-1221 (Victoria) or 604-822-5791 (Lower Mainland) Visit The Law Centre (Victoria) or LSLAP (Lower Mainland)

With more information

Legal Services Society, the legal aid provider in BC, has a number of criminal law publications. They explain how to represent yourself in a criminal trial, and what to do if you’re charged with specific offences, including assault, theft and mischief.

Web: legalaid.bc.ca
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