5,483
edits
Difference between revisions of "Initial Client Intake for Criminal Matters (1:III)"
From Clicklaw Wikibooks
Initial Client Intake for Criminal Matters (1:III) (view source)
Revision as of 22:59, 25 September 2015
, 22:59, 25 September 2015no edit summary
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 6: | Line 6: | ||
=== 1. Client comes to the clinic before the first appearance date === | === 1. Client comes to the clinic before the first appearance date === | ||
The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief | The clinician should first advise the client he or she must attend court at each appearance date. The clinician should further advise about the nature of the first appearance, and be told that the trial never proceeds at that time. If the time before the first appearance date is brief | ||
1-4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the | 1-4 (one week or less), the client should be advised not to enter a plea, but to ask for a two-week adjournment to find counsel, to seek further legal advice, or to prepare his or her case. The clinician should assess the possible options for legal counsel and give general advice. They should not get into the client's "side of the story" until particulars are obtained and they have met with the supervising lawyer. | ||
=== 2. Client has already appeared in court === | === 2. Client has already appeared in court === | ||
| Line 54: | Line 54: | ||
| style="text-align: center;" | 003 | | style="text-align: center;" | 003 | ||
| style="text-align: center;" | 001 | | style="text-align: center;" | 001 | ||
|} | |||
{| class="wikitable" | |||
! colspan="3" style="font-style: italic;text-align: left;" | Practice Recommendation - File Intake (Continued) | |||
|- | |- | ||
| colspan="3" style="font-weight: bold;" | Vancouver’s Downtown Community Court (DCC) | | colspan="3" style="font-weight: bold;" | Vancouver’s Downtown Community Court (DCC) | ||
| Line 62: | Line 66: | ||
| colspan="3" style="font-weight: bold;" | Drug Treatment Court Vancouver (DTCV) | | colspan="3" style="font-weight: bold;" | Drug Treatment Court Vancouver (DTCV) | ||
|- | |- | ||
| colspan="3" | The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the Controlled Drugs & Substance Abuse Act and other drug-motivated Criminal Code offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities. | | colspan="3" | The goal of the Drug Court program is to reduce drug use in adults charged with offences motivated by drug addiction problems. Individuals charged under the ''Controlled Drugs & Substance Abuse Act'' and other drug-motivated ''Criminal Code'' offences are eligible for the drug treatment court program. In exchange for less severe sentences, offenders plead guilty and participate in a supervised drug treatment program, which includes individual and group counselling and social activities. | ||
|} | |} | ||
=== 4. Client failed to appear === | === 4. Client failed to appear === | ||
Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for his or her arrest. This can be verified online on the CSO website (see box above for link). The client must be advised to report to the courthouse and apply to "vacate the warrant". The client must be advised to turn himself or herself in immediately. | Failure to appear for a scheduled court appearance is an offence (''Criminal Code'', ss 145(4) and (5)) usually punishable by summary conviction. If the client did not appear, there is probably a bench warrant out for his or her arrest. This can be verified online on the CSO website (see box above for link). The client must be advised to report to the courthouse and apply to "vacate the warrant". The client must be advised to turn himself or herself in immediately. | ||
