What happens on the first day in criminal court (date of appearance)?
You have received a promise to appear or a summons in which it is stated that you must be present in court on such date. The date indicated is the appearance date. Is this the date of your trial? NO.
THERE ARE 4 THINGS THAT OCCUR ON THIS FIRST COURT DATE:
- Your lawyer will take a copy of the Information document which is a paper that indicates that on such date you are accused of having committed such crime, the mode of prosecution that has been chosen, either by indictment or by summary conviction, and the section of the applicable Criminal Code (to know more about the distinction of an indictment and summary conviction watch my other video);
- The lawyer for the crown (who represents the state and who has the role of prosecuting you) will give your lawyer a copy of the evidence on file (example: police reports and statements by the alleged victim and witnesses) ( to learn more about a crown attorney watch my other video);
- Your lawyer will plead not guilty if you are sued summarily or will reserve his option and plead not guilty at a later date if you are prosecuted by indictment;
- Your lawyer will set another court date, which we say is a date for the form (there can have several of these dates before the trial).
For more information call 514-265-9272 or send me an email at attorney@didone.ca