Navigating the Court Process
What to Expect after Arrest
In most cases, the court process will take longer than you would like. The uncertainty of what the future holds is often the most stressful part. Even when things go well and you are acquitted or charges are withdrawn, it is not a pleasant experience.
The law sets limits on how long the court process can take. A file should be completed within 18 months in provincial court and 30 months in superior court. These limits exist to protect your right to be tried within a reasonable time.
Bail
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You only get one chance at bail. If you lose a contested hearing, you should expect to remain in custody until your trial or guilty plea.
If you are not released by police, the law requires that you appear in bail court within 24 hours of your arrest. You may be released by the court with conditions if the prosecutor agrees, or you may need to schedule a contested bail hearing.
It is often worth delaying the bail hearing to arrange the best possible plan of release. A lawyer can help you prepare any sureties and bail plan.
First Appearance
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If you are released by police, you will be given an initial court date, usually 4-8 weeks after your arrest. This is when you can typically expect to receive disclosure (the evidence against you). The file can be requested directly from the Crown’s office, or a lawyer can request it for you.
Your matter will be adjourned to a future date for you to review the evidence.
If you are not released by police or granted bail by the court, it will still take approximately 4-6 weeks for your disclosure to be available.
File Review
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Review your disclosure carefully and seek legal advice on your options. Understanding the strength of the case against you is what will help you decide whether you should have a trial or negotiate a resolution.
Crown Pre-Trial
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In Ontario, most jurisdictions require a Crown pretrial. This is a short meeting between lawyers only to estimate trial time or to explore whether the matter can be resolved without a trial.
Diversion and Peace Bonds
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If your charges are not serious, such as shoplifting, a minor assault, or mischief, diversion may be available. This could involve counselling, community service, restitution, or another alternative measure. It is an alternative to a criminal conviction.
In some cases, you may be offered a peace bond. This is a formal promise to keep the peace and may include no-contact terms. These are often called a "restraining order" by the public, but that term does not exist in Canadian criminal law.
Diversion and peace bonds are potential outcomes of the pre-trial process. If neither applies to your situation, your matter may proceed to a Judicial Pre-Trial.
Judicial Pre-Trial
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If your trial is estimated to take more than two days, a Judicial Pre-Trial (JPT) is required. This is a meeting between the prosecutor, your defence lawyer, and a judge. If you do not have a lawyer, the accused is required to attend and participate in open court.
A JPT is an opportunity to get a judge's opinion of the case, confirm the trial time estimate, or explore a negotiated resolution.
Trial or Guilty Plea
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You will be required to set a date for trial or guilty plea within 6 months of being charged.
Trial is where you finally get to tell your side of the story. Trial dates are usually months away but accused persons who are in custody are scheduled with priority. A guilty plea date is available on short notice.
Cases being prosecuted by indictment may be eligible for a preliminary hearing before a trial with or without a judge in Superior Court.
It is extremely important that you stay in touch with your lawyer and gather any evidence that may help your case. The better your lawyer understands your file and circumstances, the better they can represent you.