Police will arrest you and give the reasons for your arrest and what you are being arrested for;
Police will take you into the station and read your constitutional rights Section 10(b);
They will ask if you would like to speak to a lawyer if you cannot afford one they will give you a Legal Aid phone number;
They will bring you before a Justice of the Peace for Bail;
The onus is on you (detainee) to provide the Justice of the Peace you will:
1. Make sure you show up for your court appearance
2. Assure public protection and safety,
3. To maintain public confidence in the administration of justice
If denied bail, you can request an appeal to a sitting Judge for a bail review;
If granted bail, you MUST make your first court appearance. This stage is the reading of the charges brought against you by the Crown;
During your first appearance, you will make your plea to the courts. (Guilty or Not Guilty);
The Crown will also make an election of the charges brought against you (Indictable or Summary) If it falls as a Hybrid offence, the Crown will request an adjournment to set aside their decision on the election to review all the evidence;
Your court appearance will be adjourned to a later date to allow you to get legal counsel/representation and to obtain the Crown’s disclosure;
Defense and crown will discuss options. during this phase, deals are being made to get the charges dropped or reduced. If all fails it goes to trial;
In the case that it goes to trial, it will depend on the charge. The charge could bring a pre-trial conference or it could go straight to the trial. The defendant has the option to have the trial in front of the Judge alone or the Judge and Jury.
If it goes to trial there are three outcomes:
1. Guilty– you have been found guilty by either the Judge or the Jury. This will set a sentencing date.
2. Not Guilty– This means you have been found not liable for the charges brought against you and the courts CANNOT retry you for the same offence. The Crown failed to provide beyond reasonable doubt
3. Mistrial (Hung Jury)– This is when the jury is not unanimous. The crown can retry you again.
“albertacourts.ca/pc/areas-of-law/criminal/charged-with-a-crime
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