I've Been Charged with a Criminal (or Youth) Offence and Have to Go to Court

If you are charged with a criminal or youth offence, it means that, unless you are sent for diversion, restorative justice or alternative measures (see the section in this Guide titled "I've been offered 'diversion'"), you will have to resolve the charge in court. You can do this either by pleading guilty and being sentenced by a judge, or by pleading not guilty and going to trial. If you are convicted at trial, you will be sentenced by a judge.

First steps

1. If the police want to speak with you, you have the right to contact a lawyer for advice first. Many criminal lawyers (see the Yellow Pages) will do this at no charge. You can also call a lawyer through the “Brydges Line” at 1-866-458-5500. This service is provided free of charge by the Legal Services Society and is available across the province, 24 hours a day, seven days a week. It is almost always advisable that you refuse to answer questions or discuss the case with the police and certainly not before speaking with a lawyer.
2. If you cannot afford a lawyer on your own, see if you qualify for legal aid representation. (See legal aid representation in the Resource List for information about applying for legal aid.) If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court. Note that you may not be able to apply for legal aid representation until you have attended your first appearance in court (see Step 4 below) and found out the Crown Counsel's initial sentencing position.
3. Go to court on the date shown on your "promise to appear" or other police release document.
4. Get a copy of your "disclosure". This package will contain the details of the charges against you. It includes the circumstances (police report) from the Crown Counsel (prosecutor) and the information (charges) from the court clerk. Ask for an adjournment (delay) for two weeks or more so you can consult with a lawyer. If there is a duty counsel — a lawyer who helps people who don't have their own lawyer — at the courthouse, he or she can help you with this step.

What happens next

Once you have decided how you will plead (guilty or not guilty), you or your lawyer will have to tell the judge. If you plead guilty, you will probably be sentenced right away. If you plead not guilty, the court will hold an arraignment hearing and ask both the prosecutor and you or your lawyer how long the trial will take. Then you will have to set a date for the trial. Before the trial, you or your lawyer will probably have to appear at a trial confirmation hearing. (The process is more complicated for more serious indictable charges such as aggravated assault or breaking and entering a dwelling.)

At trial, the Crown will call witnesses that you or your lawyer will be able to cross-examine. You can then call witnesses (possibly including yourself) if you wish. After all of the witnesses have testified, you can summarize your position and the facts and law which support it. At the end of the trial, the judge will either find you guilty or not guilty. If you are found guilty, the judge will sentence you. The sentencing usually happens right away, but may be delayed to another date in more serious or complicated cases.

If you are found not guilty, the matter will be over and you will be free to leave the court. Any bail conditions that were imposed on you will expire.

If you can't make it to court for one of your court appearances, you may be allowed to get "criminal duty counsel" to go to court for you. Call your local legal aid office or the Legal Services Society Call Centre at 1-866-577-2525 to find out duty counsel schedules. Check the white pages of your phone book under "Legal Aid" or call Enquiry BC at 1-800-663-7867 for the number of the legal aid office nearest you.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Legal aid representation, to see if you qualify for legal aid.
• Criminal duty counsel, for assistance on the day you have to appear in court.
• Native Courtworkers and First Nations Court Duty Counsel for aboriginal clients.
• Access Pro Bono, Lawyer Referral Service, and private bar lawyers.
• The Clicklaw common questions "I've been charged with a crime. How do I defend myself?" and "What does the judge consider in sentencing an Aboriginal person?" as well as the fact sheet series "What to do if you are charged with...."

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Richard Hewson, February 2013.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.