CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN CANADA

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN CANADA"

Transcription

1 CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN CANADA Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards of justice. Our vision is a world where every person s right to a fair trial is respected. This factsheet covers: - Definitions of key legal terms; - Information about criminal proceedings and defence rights in Canada; and - Useful Links We have prepared this factsheet with the assistance of local criminal lawyers, who tried to describe how things happen in reality. Even within one country, however, practice can vary greatly from one place to another your own experience could differ from the descriptions below. This document does not constitute legal advice and only provides general information. If you need advice in relation to your specific case, or if you are concerned about a possible violation of your rights, you should discuss this with your local lawyer. If you think an important question is not covered by this note, please let us know by filling out the sheet attached at the end. We would also appreciate it if you could also take a few moments to give us some feedback about this note. Your comments will help us to improve our services. Fair Trials comprises Fair Trials International and Fair Trials Europe. Fair Trials International is a registered charity (no ) and in 2010 was incorporated with limited liability in England Wales (no ). Fair Trials Europe is a registered public foundation in Belgium (registered number ). We were initially founded in 1992 with the name Fair Trials Abroad. IMPORTANT This leaflet was last updated in May The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided. You should always seek professional legal advice from a lawyer qualified to practice in the jurisdiction you are in. DEFINITIONS OF KEY LEGAL TERMS Appeal (appel): An opportunity to dispute a decision made at trial by asking a higher court to review it. This can result in the decision being overturned, upheld or changed. Bail (liberté provisoire): The temporary release from police custody of a person accused of a crime and awaiting trial. Bar Association / Law Society (barreau): An organisation whose role is to represent lawyers and help people in their dealings with lawyers. Consulate (ambassade): The section of the embassy whose task is to assist its citizens. Court of Appeal (cour d appel): A court that is competent to hear appeals (i.e. challenges) made to decisions of the lower courts. Court of First Instance: A lower court where a trial is initially heard. In Canada, this is usually the provincial court (cour provinciale) or the superior court (cour supérieure), depending on the offence and the choices made by the accused and prosecution. Disclosure (communication de la preuve): The disclosure of evidence (acts or documents) to the accused by the prosecution. 1

2 Embassy (ambassade): The office of a government official who resides in a foreign country and represents his/her government s interests. Information / Indictment (dénonciation): A written statement accusing a person of carrying out an offence. Judge / Justice (juge): A person with authority to hear and decide on cases in a court of law. Jury (jury): A body of people required to give a verdict in a legal case on the basis of evidence submitted to them in court. Judgment (jugement): A decision on a case provided by a judge in a court of law. Lawyer (avocat): A person whose profession is to give legal advice and assistance to clients and represent them in court or in other legal matters. Legal Aid (aide juridique): Financial assistance provided by the state to a person who needs a lawyer and who cannot afford to pay for one. Plea Bargain (reconnaissance préalable de culpabilité): A procedure which allows the accused to plead guilty in exchange for a less severe sentence. Pre-trial Custody (détention provisoire): Detention in police custody or in prison while awaiting and during a trial. If an accused person is denied bail they will be in pre-trial custody until their matter is dealt with. Prosecutor (The Crown) (procureur / la Couronne): A person who conducts a case against a person who is accused of a crime. Remand: The act of sending a person accused of a crime into custody. Sentence (peine): The punishment assigned to a person convicted of a crime as fixed by a court of law. Warrant (mandat): A document issued by a legal or government official authorising the police to make an arrest, search premises, or carry out some other action relating to the administration of justice. INFORMATION ON CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN CANADA Q1. WHERE DO THE LAWS OF CANADA APPLY? WHAT KIND OF LEGAL SYSTEM DOES IT HAVE? Canada consists of 10 provinces and 3 territories (Nunavut, Yukon, and Northwest Territories). It is a federal state, which means that there are laws specific to each province and territory. The province of Quebec (the only province in which French is the sole official language) in particular, has a legal system that is very different from the rest of Canada. Criminal law however, is governed as a federal matter, which means that the same criminal laws apply throughout the entirety of Canada, including Quebec. Q2. WHAT ARE MY RIGHTS UPON ARREST? If you have been arrested, you should be brought before a provincial court judge or a justice of the peace within 24 hours, or be released, unless a justice of the peace is not available during this period. In exceptional circumstances, this period could be extended by the judge by up to 3 days. Right to information: (i) Will the police inform me of my rights? The police have an obligation to inform you of your rights orally. These include the right to a lawyer, and your right to remain silent. (ii) Do I have the right to be informed of the allegations / charges against me? Everyone has the right on arrest or detention to be informed promptly of the reasons for the arrest or detention. This information should be given immediately, in clear and simple language. However, if the reasons for your arrest are obvious, the arresting police officer may decide that it is not necessary to provide such information. The right to inform people: 2

3 (i) Do I have a right to have the consulate informed of the arrest? If you are not a Canadian citizen, you have the right to have your embassy, consulate, or high commission informed of your arrest. (ii) Do I have a right to inform my family of the arrest? There is no guaranteed right in Canada to contact a family member on arrest, but in practice, this is usually allowed. The exception is in respect of minors, where the police have an obligation to contact a parent or guardian. Do I have a right to a lawyer? You should be given access to a lawyer after you have been arrested. The police must inform you of this right, help you find the contact details of your, and give you access to the telephone. The police should stop questioning you, if you decide that you would like to seek legal assistance. (d) Do I have a right to a translator/interpreter? Yes. The police should arrange an interpreter free of charge, if you are unable to speak the language they are using. (e) Do I have to talk to the police or can I remain silent during police interrogation? Will it work against me if I am silent? If you are arrested, you have the right to remain silent. This means that you do not have to answer any questions asked by the police. As a general rule, if you decide to remain silent, the judge and jury at trial must not interpret this as proof of your guilt. Q3. WHEN WILL I KNOW ABOUT THE CASE AGAINST ME? You should informed of the accusations against you without delay, including the details of the specific offence you are alleged to have committed. You may find out more about the accusations against you during your first court hearing. You are entitled to seek documents from the prosecution from the early stages of your criminal proceedings, and as a general rule, you should be entitled to copies of all relevant evidence held by the prosecution or the police. Q4. HOW DO I FIND A LAWYER? WHAT IS THE ROLE OF MY LAWYER? How do I find a lawyer? Each province has its own Law Society, which is the professional body regulating lawyers practicing in each province or territory. Each operates a lawyer referral service. You may be eligible for legal aid if the offence would likely carry a prison sentence if you are convicted. I cannot afford to pay for a private lawyer, what should I do? The provision of legal aid is the responsibility of the provinces, and each has its own legal aid authority you can contact to find out about eligibility criteria. As a general rule, legal aid is available if: - You are a young person, facing criminal proceedings under the Youth Criminal Justice Act; or - You are economically disadvantaged, and you are facing serious and/or complex charges, for which you could be sentenced to imprisonment. What is the role of my lawyer? Will s/he investigate the case? Your lawyer s role is to advise you, represent your interests in your criminal proceedings, and to ensure that your rights are not being violated. 3

4 Lawyers will review evidence and disclosure provided by the crown, and they do some low level investigation (internet searches, scene visits). Where necessary, however, defence lawyers may hire private investigators or their own experts to do investigation. (d) I am unhappy with my lawyer: How can I change lawyer? How can I complain about my lawyer? A good first step is to raise your concerns with your lawyer directly. If you are paying for your own lawyer, you can change your lawyer at any time. If you have a legal aid lawyer, you may have to apply to change your lawyer and provide reasons for doing so. You should consult the legal aid bodies in the relevant province. Complaints about lawyers are dealt with by provincial law societies. Q5. WILL I HAVE TO STAY IN PRISON UNTIL MY TRIAL STARTS? IF SO, FOR HOW LONG? The information given below is specific to Canada. For general information and tips about how to obtain your release prior to your trial, please refer to our note of advice on Applying for Release Pending Trial. Will I have to stay in prison until my trial starts? Under Canadian law, you should not be detained before trial, unless the court believes that: - Your detention is necessary to ensure that you attend court in the future; - Your detention is necessary for public safety reasons; and/or - Your detention is necessary for ensuring public confidence in the administration of justice. This usually only applies if you are facing a particularly serious offence. As a general rule, it is up to the prosecutor to persuade the court that you should be kept in detention, but if you have been accused of a very serious offence, or you were arrested whilst on bail for a different offence, it may be up to you to persuade the court to release you. You may be released subject to various conditions, these include giving a promise ( undertaking ) to the court to attend future hearings, and promising a sum of money to the court ( recognizance ) in order to secure your release. How long can I be kept in prison before my trial starts? You have the right to be tried within a reasonable time, but this time limit is not strictly defined by law. As a general rule, delays of 2 years or more are regarded as excessive. How and when can I apply for release while waiting for trial? Under most circumstances, you should be produced before a judge within 24 hours of your arrest. You will appear before a superior court judge if you have been accused of a particularly serious crime, such as murder or treason. If you are denied bail, you may apply to Superior Court for a bail review (this is essentially an appeal). An application for a bail review may be made right away. If a bail review is denied you have to wait 30 days before you can bring another one. (d) Can I go back to my home country if I have been released pending my trial? This depends on the conditions of your release. You may, for example, be required to remain in a particular area, or to surrender your passport. It is important that you fully understand the conditions of your release and seek legal advice before you decide whether or not to return to your home country on bail. (e) What will happen if I breach the conditions of my release? If you violate your bail conditions, the court may decide to issue a warrant for your arrest, and your bail could be revoked. Money deposited with the court as security could be lost either partially, or in its entirety. Violating bail conditions without a good excuse amounts to a separate criminal offence, punishable by up to 2 years in prison. (f) Do I need a lawyer to apply for release? 4

5 The burden is on the police/prosecution to apply to have you detained before trial. You do not normally have to make an application yourself. However, it is advisable that your lawyer attend any bail hearings to respond on your behalf. There is a free lawyer (duty counsel) who will assist you with your bail hearing if you don t have your own lawyer. Still, it is usually a good idea to hire your own lawyer because they are better able to prepare. Q6. HOW LONG BEFORE MY CASE GOES TO TRIAL? The timing of your trial depends on a number of different factors, which means that it is usually difficult to predict when your hearing will take place. Trials for minor offences tend to begin within 8-12 months after arrest. There are always delays with my case, does that mean my lawyer is doing a bad job? Not necessarily. Delays can be caused by the failure of the prosecution to provide relevant documents, by lack of resources such as court time or interpreters, by the availability of judges or witnesses, and other legitimate reasons. Q7. CAN I PLEAD GUILTY? WHAT ARE THE CONSEQUENCES OF PLEADING GUILTY? You may plead guilty or not guilty. If you plead not guilty (or if you refuse to plead), your trial will go ahead. If you plead guilty, the judge may accept your guilty plea only if s/he is satisfied that the plea has been made voluntarily, and that you are fully aware of the implications and consequences of pleading guilty (including the fact that the judge is not bound by any agreement you have already made with the prosecution on your sentence). If the judge accepts your guilty plea, the judge may either sentence you immediately or postpone sentencing to another date Q8. WHAT HAPPENS AT TRIAL? Your trial will begin with an arraignment, during which you will be asked to confirm your name, and the charges against your name will be read out in court. You will then be asked to enter your plea. There are two basic types of criminal offences under Canadian law summary and indictable. Summary offences refer to more minor offences, and as a general rule, they are punishable by a fine of up to 5,000 Canadian Dollars, or six months, imprisonment (some summary offences carry maximum sentences of up to 18 months in prison). Indictable offences refer to more serious offences. If you are being tried for an indictable offence, you will be given a choice of getting tried: - by a single judge at the provincial court; - by a single judge at the superior court; or - by a superior court judge and a jury. If you choose to be tried at the provincial court, you may be tried that same day by the judge. If you choose to be tried at the superior court (with or without a jury), or if you make no choice as to how and where you would like to be tried, you will be entitled to an initial hearing before a provincial court judge, if you request one. The provincial court judge will order you to stand trial in front of a superior court judge (alone or with a jury) at a later date if there is sufficient evidence that you committed the offence with which you are charged. Do I have to be present? You will be required to be present for the trial. Can I ask for the trial to take place in my home country? No. Is there a jury? If you are being accused of an indictable offence, you have choice as to whether or not you have a jury trial (d) Can my lawyer call and cross-examine witnesses? 5

6 Your lawyer should be permitted to call witnesses, and also cross-examine prosecution witnesses, in order to challenge their evidence. (e) I don t speak the language of the court, do I have a right to an interpreter? Is it free? Yes, you have the right to an interpreter in court proceedings, if you do not understand the language of the court. Interpreters are free of charge. (f) Will the written evidence be translated for me? Yes. (g) Will the interpreter also help me if I need to talk to my lawyer? Yes. (h) Why is the victim taking part in the trial? The alleged victim at the trial is called a complainant. The complainant will likely be called to give evidence at trial, and your lawyer will have the opportunity to cross-examine him or her. If you are convicted, the complainant will be referred to as the victim, and will be asked to submit a victim impact statement. A victim impact statement is a written statement that describes the impact the crime has had on the victim. (i) Will I be informed of the decision of the court on the day of the trial? The jury (or the judge, if sitting without a jury) should deliver its verdict as soon as possible after reaching a conclusion. This may be on the day your trial ends or shortly thereafter. (j) Can I receive a copy of the judgment in my mother tongue? You will normally need to pay for a private translator to have the judgment translated. (k) I was tried in my absence and was not informed of this, what can I do? Trials that proceed in the absence of the accused (also known as trials in absentia ) are extremely rare and take place only in cases in which you have deliberately avoided the trial. Generally, all testimony and evidence, and decisions of guilt or innocence should only be made only when the accused has been found. Q9. I AM NOT HAPPY WITH THE DECISION, CAN I APPEAL AGAINST IT? HOW DO I APPEAL? You can appeal against the judgment. Procedures for appealing vary from province to province, so it is important that you seek legal advice from your local lawyer to ensure that you comply with all the relevant deadlines and procedural requirements. As a general rule you will need to file a notice of appeal within 30 days of the judgment. You will also need to file written arguments and any other documents relevant to your appeal. New evidence can only be considered by the appeal court if it is very significant. Do I need to pay my lawyer more money if there is an appeal? If your lawyer is privately funded, you will have to pay him or her additional fees for the appeal, as they will most likely be paid on an hourly rate. If you qualify for legal aid, you may receive legal assistance for your appeal may also be covered. However, not all appeals qualify for legal aid. What is the timeframe for an appeal to take place? The length of time varies with each case. However, the courts may set out a timetable which specifies timeframes in which documents relevant to your appeal should be filed. Could things get worse during the appeal? If I am acquitted, can the prosecution appeal? 6

7 Yes, the court could, for example, impose a harsher sentence, or in certain cases overturn an acquittal. It also has the power to order a re-trial. The prosecution may also appeal against an acquittal or a sentence but, the prosecutor's right to appeal a conviction is limited to questions of law, such as the admissibility of evidence or the interpretation of the Criminal Code. Q10. I HAVE EXHAUSTED ALL LEGAL REMEDIES. WHAT OPTIONS DO I HAVE? Is it possible to get my case reviewed? Once you have exhausted your appeals, the only way of re-opening a case is by making a petition to the federal Minister of Justice, who has responsibility for the administration of criminal justice. The minister can directly re-open the case by ordering new trials or appeals, where "there is a reasonable basis to conclude that a miscarriage of justice likely occurred". This process is used very rarely. Can I apply for a pardon? In Canada, pardons are available after you have completed your sentence and the relevant waiting period has expired. The waiting period varies with the nature of the offence. If you are convicted of an indictable offence, the waiting period in 10 years. Pardons are not available if you have been convicted of a sexual offence with a minor, or you have convictions for 4 or more indictable offences which carried a sentence of two or more years in prison in each case. Q11. WHAT RIGHTS DO I HAVE AS A PRISONER? Do I have rights as a prisoner? Where can I find out about my rights? If you are sentenced to less than two years in prison, it is likely that you will serve your sentence in a prison run by the province in which you were sentence. If your sentence is longer than two years, it is likely that you will serve it at a federal facility. Your rights include the right to personal safety, and the right to participate in rehabilitation and reintegration programmes. Any restrictions on your rights should be necessary by virtue of imprisonment. What can I do if my rights are violated? Where can I get assistance regarding my welfare issues, regarding abuse and mistreatment? If you are in a federal prison, you can make a complaint to a grievance committee. If you are unhappy with the way the grievance committee has handled your complaint, you can take the matter to the Warden of the Institution and in turn, to the Deputy Commissioner of the region, the Commissioner of Correction Services Canada and the Correctional Investigator as necessary. If you are in a provincial prison, you can submit your complaint in writing to the Director of the institution where you are being held. If you are unhappy with the Director s decision on your complaint, an appeal can be made to the provincial Ombudsman. If you are not a Canadian citizen, you can also speak to your consular representatives about the problems you are facing, in case they can help in any way. Q12. CAN I GET MY SENTENCE REDUCED? It may be possible to appeal against your sentence on the basis that it is excessively harsh or unlawful. You could also be eligible for parole (early release) after serving a part of your sentence. What would help me get an early release? You may be eligible for parole after serving a part of your sentence. The Parole Board of Canada handles the parole process for federal prisons. The relevant provincial parole board will make parole decisions for provincial prisons. In general, prisoners are automatically considered for parole after serving one-third, or 7 years of their sentence, whichever is less. You could apply to be released earlier if there are compelling or exceptional circumstances. 7

8 When considering your case, the parole board will consider various factors, including: - Your criminal and social history; - Any progress you have made by yourself or through participation in programs; - Your behaviour in the institution and while on any previous conditional release; - Any victim impact statements; and - What you intend to do once you are released. I have been sentenced to pay a fine, what will happen if I don t pay it? The court should make an assessment of your financial situation when determining the appropriate fine. If you have difficulty paying the fine, you can ask the court for an extension, which could be granted if the court is satisfied that you have tried your best to pay it. You could be sentenced to serve time in prison, if you do not pay your fine. Q13. CAN I GO BACK TO MY HOME COUNTRY? Can I serve my prison sentence in my home country? This may be possible if there is an agreement between Canada and your home country that enables such transfers to take place. For more information about this process, please refer to our Prisoner Transfers note. The Canadian authority responsible for approving prisoner transfers is the Minister or Public Safety and Emergency Preparedness. Can I be expelled instead of serving my sentence? No. Is there a risk that I will be deported after serving my sentence? If you are not a Canadian citizen, there is a risk that you could be deported as a direct consequence of your conviction. This is a matter to discuss with an immigration lawyer. Fair Trials would like to thank the law firms and individual practitioners, including Dean F. Embry who have generously given their time and expertise to help produce these legal guidance notes. For a full list of our funders see 8

9 Fair Trials aims to help people accused of crimes to understand and exercise their fair trial rights by providing information and where appropriate, by referring them to local sources of support. We do not charge for any of our assistance. If you complete this form, we may be able to: - Send you general information, including advice about the local legal system that could be helpful to you; - Provide answers to any specific questions you might have; and - Refer you to local sources of support (for example, referrals to local lawyers, if appropriate). We cannot provide any legal advice or representation that is specific to your case, and we are also unable to provide any welfare support or financial assistance. Please fill out this form and send it back to: By Post: Fair Trials, Temple Chambers, 3/7 Temple Avenue, London, EC4Y 0HP, United Kingdom By Fax: +44 (0) All information will be treated confidentially, and in accordance with our privacy notice set out overleaf. A) Personal Information Full Name Nationality Your current address (your prison address, if you are in custody) Prisoner Number (if applicable) B) Legal Representation Would you like referrals to local lawyers? Yes No Are you able to pay for a lawyer? Yes No Depending on the country, you may not be able to choose your own specific lawyer, if you cannot pay for one. C) Fair Trials How did you hear about us? How did you receive this form? If you have already seen any of our materials (e.g. Arrested Practical Guidance ), please let us know, and tell us which you have seen. D) Further Information / Questions 9

10 We have printed materials on a range of topics where we are most often asked for help. Please tick on any of the following topics on which you would like further information. Applying for Release Pending Trial Prisoner Transfers The European Arrest Warrant ( EAW ) Criminal Records in the European Union INTERPOL Red Notices Use the space below to: - Request clarifications on any information from us that you have already seen; - Highlight any specific information, or referrals that you believe could be helpful to you; and - Give us feedback or comments Please be specific with any questions or requests you have. E) Nominated Contact It can sometimes be difficult for Fair Trials get in touch directly with people in prison. In such cases, it can be helpful if we are provided with the name and contact of a family member or a friend whom you are happy to nominate as Fair Trials point of contact. Please provide their details below: Full Name: Relationship to you: Address: Telephone: F) Privacy Notice We collect information about you when you complete and return this form. We use this information to assist you and otherwise provide support in relation to your case. Fair Trials will retain your information for up to six years after: 1) if we are notified about the end of your legal proceedings, from the date of notification; or 2) if we are not notified, the date of the last correspondence with you about your case.. For more information about how we handle your personal information, please see the privacy policy on our website ( Please sign here to confirm that you have read and agree to the Privacy Notice in this form. Full Name:.. Signature:. 10

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS?

WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? WHERE WILL MY CRIMINAL CASE BE DEALT WITH AND WHAT HAPPENS? This factsheet relates to those who are 18 or over. If you are 17 or under, please see our separate factsheet for the Youth Court. Where will

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION Contents of this Part PART 17 EXTRADITION Section 1: general rules When this Part applies rule 17.1 Meaning of court, presenting officer and defendant rule 17.2 Section 2: extradition proceedings in a

More information

AN INTRODUCTION COURT. Victim Services Department of Justice

AN INTRODUCTION COURT. Victim Services Department of Justice AN INTRODUCTION TO COURT Victim Services Department of Justice TABE OF CONTENTS 1. INTRODUCTION......1 2. FIING A POICE REPORT...1 3. COURT PROCESS......2 4. TESTIFYING IN COURT...5 5. COMMONY ASKED QUESTIONS...6

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

PRESENTED BY: JOHN HOWARD SOCIETY OF LONDON AND DISTRICT

PRESENTED BY: JOHN HOWARD SOCIETY OF LONDON AND DISTRICT IMMIGRANT COMMUNITY CAPACITY AND ENGAGEMENT (ICCE) PROJECT Provides information on justice and protection services PRESENTED BY: JOHN HOWARD SOCIETY OF LONDON AND DISTRICT What Does a Criminal Charge

More information

INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL

INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL RIGHT TO APPEAL A person who has been convicted or found guilty of a crime may lodge an appeal to the Court of Criminal Appeal (CCA) against

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

ALBERTA S JUSTICE SYSTEM AND YOU

ALBERTA S JUSTICE SYSTEM AND YOU ALBERTA S JUSTICE SYSTEM AND YOU This brochure will give you the facts about your justice system the major participants and the important roles that each plays. In addition, it will help you better understand

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

Going to Court as a Witness

Going to Court as a Witness Going to Court as a Witness - July 2010 Going to Court as a Witness 1 Introduction Going to court can be stressful for many victims and witnesses. If you need to give evidence in a criminal trial, we hope

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS I GENERAL PROVISIONS Subject and Application of the Law Article 1 This Law shall govern mutual assistance in criminal matters (hereinafter: mutual assistance)

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

What is the "Code Of Service Discipline"?

What is the Code Of Service Discipline? This booklet has been designed to provide general information on disciplinary proceedings under the Code of Service Discipline, focusing on the rights and entitlements of CF members under the Canadian

More information

CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN THE UNITED STATES OF AMERICA

CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN THE UNITED STATES OF AMERICA CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN THE UNITED STATES OF AMERICA Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards

More information

Attending Court as a Witness

Attending Court as a Witness Attending Court as a Witness 2006 Attending Court as a Witness This booklet is also available in the following languages: - Arabic - French - Irish - Latvian - Lithuanian - Mandarin - Polish - Russian

More information

A. APPLICABILITY OF GUIDELINE

A. APPLICABILITY OF GUIDELINE 1 Reduction in Sentence for a Guilty Plea Draft Guideline A. APPLICABILITY OF GUIDELINE The Sentencing Council issues this guideline as a draft guideline in accordance with section 120 of the Coroners

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes

More information

The Region of Waterloo Drug Treatment Court

The Region of Waterloo Drug Treatment Court The Region of Waterloo Drug Treatment Court Adult PROGRAM Waiver for Stream B Participants I understand that I am charged with the following criminal offence(s) of: [LIST BELOW] The normal course of a

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

Community Legal Information Association of PEI. Prince Edward Island, Inc.

Community Legal Information Association of PEI. Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Sentencing This pamphlet gives you some information about sentencing in criminal court. If you are charged with a criminal offence,

More information

Community Legal Information Association of Prince Edward Island, Inc.

Community Legal Information Association of Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Going to Court: Criminal Trial Procedure If you've been charged with a crime and your case has not been diverted from the courts system,

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

Going to Court: A Roadmap for People Representing Themselves in Criminal Court

Going to Court: A Roadmap for People Representing Themselves in Criminal Court Going to Court: A Roadmap for People Representing Themselves in Criminal Court This roadmap to criminal law is divided into four different sections. The Basics explains what criminal law is and how criminal

More information

ARRESTED JAILED OVERSEAS

ARRESTED JAILED OVERSEAS martrav ARRESTED traveller OR ler JAILED smar OVERSEAS artrave artrave Contents Being arrested overseas...2 How we assist you...4 Possible financial assistance...7 Your welfare and the legal process...10

More information

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram...

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram... A Guide to the Homicide Criminal Justice Process P a g e 2 TABLE OF CONTENTS Homicide Case Flowchart...3 Overview of Homicide Trial...4 Location of Local Court Houses...5 General Courtroom Diagram...6

More information

CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN HUNGARY

CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN HUNGARY CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN HUNGARY Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards of justice. This

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

STUDENT LEGAL SERVICES THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER

STUDENT LEGAL SERVICES THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY version: 2008 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is provided for

More information

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT

PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT Contents of this Part PART 37 TRIAL AND SENTENCE IN A MAGISTRATES COURT When this Part applies rule 37.1 General rules rule 37.2 Procedure on plea of not guilty rule 37.3 Evidence of a witness in person

More information

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/

Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Stages in a Capital Case from http://deathpenaltyinfo.msu.edu/ Note that not every case goes through all of the steps outlined here. Some states have different procedures. I. Pre-Trial Crimes that would

More information

SPECIALIST 24 HR CRIMINAL DEFENCE

SPECIALIST 24 HR CRIMINAL DEFENCE SPECIALIST 24 HR CRIMINAL DEFENCE What happens at the Police Station? Often the most important stage in any case is what happens in the police station. In most cases you will be under arrest and it may

More information

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD

ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD ATTORNEY GENERAL S GUIDELINES ON PLEA DISCUSSIONS IN CASES OF SERIOUS OR COMPLEX FRAUD A FOREWORD A1. These Guidelines set out a process by which a prosecutor may discuss an allegation of serious or complex

More information

THE JUSTICE PROCESS a Guide for Families

THE JUSTICE PROCESS a Guide for Families THE JUSTICE PROCESS a Guide for Families THE JUSTICE PROCESS a Guide for Families If your family member has a mental illness and has come in contact with the law, you might find yourself supporting them

More information

CUSTODY AND BAIL. CPD III Custody and bail 14A Bail before sending for trial CPD CPD 14B 14C 14G 14H

CUSTODY AND BAIL. CPD III Custody and bail 14A Bail before sending for trial CPD CPD 14B 14C 14G 14H CRIMINAL PRACTICE DIRECTIONS 2015 DIVISION III Contents of this Division CUSTODY AND BAIL 14A Bail before sending for trial 14B 14C Bail: Failure to surrender and trials in absence Penalties for failure

More information

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 About this guidance An overview of appeals Appeals relating to immigration enforcement investigation cases The

More information

Court Record Access Policy

Court Record Access Policy SUPREME COURT OF BRITISH COLUMBIA Court Record Access Policy The Supreme Court of British Columbia 800 Smithe Street Vancouver, BC V6Z 2E1 www.courts.gov.bc.ca Page 1 of 39 TABLE OF CONTENTS PART I: GENERAL

More information

The Court Process. Understanding the criminal justice process

The Court Process. Understanding the criminal justice process Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves

More information

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

Defendants charged with serious violent and sexual offences (including murder)

Defendants charged with serious violent and sexual offences (including murder) Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that

More information

The Witness and the Justice System in Alberta

The Witness and the Justice System in Alberta The Witness and the Justice System in Alberta Introduction This booklet provides basic information about appearing as a witness in the courts of Alberta. It is designed to explain your role as a witness,

More information

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca Traffic Court What you need? to know when you ve been charged with a provincial offence website at: www.albertacourts.ab.ca Table of Contents 1. You Have Been Charged With an Offence. Now What? ----------------1

More information

A Federal Criminal Case Timeline

A Federal Criminal Case Timeline A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement

More information

Criminal Justice System Glossary of Terms

Criminal Justice System Glossary of Terms Criminal Justice System Glossary of Terms Terms included in this glossary of terms are adapted from the Victims Rights Education Toolkit. The justice system uses specific terms to represent processes,

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

Witness Protection Act 1995 No 87

Witness Protection Act 1995 No 87 New South Wales Witness Protection Act 1995 No 87 Status information Currency of version Current version for 5 October 2012 to date (generated 10 October 2012 at 19:15). Legislation on the NSW legislation

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

5 Introduction The booklet aims to answer common questions victims have about parole and how the Parole Board works. It should help you understand how the Parole Board makes its decisions, what a Victim

More information

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness Service and the Senior Presiding Judge for England and Wales on Reading

More information

ROLE PREPARATION MOCK BAIL HEARING PREPARING FOR A MOCK BAIL HEARING

ROLE PREPARATION MOCK BAIL HEARING PREPARING FOR A MOCK BAIL HEARING THIS PACKAGE CONTAINS: PAGE Preparing for a Mock Bail Hearing 1-2 Background: The Bail Process 3-7 Courtroom Etiquette 8-9 Mock Bail Hearing Schedule 10 Role Preparation Packages for: Crown & Defence Counsel

More information

Victims of crime: Understanding the support you can expect

Victims of crime: Understanding the support you can expect Victims of crime: Understanding the support you can expect If you have been a victim of crime, you are entitled to certain information and support from criminal justice organisations such as the police

More information

1. The signature of the complaining witness sworn to before a Judge or an individual designated by the Judges;

1. The signature of the complaining witness sworn to before a Judge or an individual designated by the Judges; Subpart H Rules of Criminal Procedure H-1 Complaints (a) All criminal prosecutions for violation of the Law and Order Code shall be initiated by complaint. A complaint is a written statement sworn to by

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

The Witness Charter. Standards of care for witnesses in the Criminal Justice System

The Witness Charter. Standards of care for witnesses in the Criminal Justice System The Witness Charter Standards of care for witnesses in the Criminal Justice System 1 THE WITNESS CHARTER About this charter The Witness Charter has been developed to tell you how, as a witness, you can

More information

You Have the Right. What You & Your Family Should Know In Case You Are Arrested in Illinois

You Have the Right. What You & Your Family Should Know In Case You Are Arrested in Illinois You Have the Right What You & Your Family Should Know In Case You Are Arrested in Illinois Table of Contents Foreword................................. 2 What to Do if Arrested...........................

More information

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process 1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at

More information

IMMIGRATION Canada. Rehabilitation For Persons Who Are Inadmissible to Canada Because of Past Criminal Activity. Table of Contents.

IMMIGRATION Canada. Rehabilitation For Persons Who Are Inadmissible to Canada Because of Past Criminal Activity. Table of Contents. Citizenship and Immigration Canada Citoyenneté et Immigration Canada IMMIGRATION Canada Rehabilitation For Persons Who Are Inadmissible to Canada Because of Past Criminal Activity Table of Contents Overview.........................

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

ARREST! What Happens Now?

ARREST! What Happens Now? Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police

More information

INFORMATION FOR CRIME VICTIMS ABOUT THE CRIMINAL JUSTICE PROCESS IN POLAND

INFORMATION FOR CRIME VICTIMS ABOUT THE CRIMINAL JUSTICE PROCESS IN POLAND INFORMATION FOR CRIME VICTIMS ABOUT THE CRIMINAL JUSTICE PROCESS IN POLAND AMERICAN EMBASSY WARSAW, POLAND The information included in this flyer on legal requirements of specific foreign countries is

More information

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes.

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes. F REQUENTLY A SKED Q UESTIONS A BOUT T HE C RIMINAL J USTICE S YSTEM WHO IS THE DISTRICT ATTORNEY? The New York State Constitution provides that the District Attorney is a public official elected by the

More information

Defending Yourself in Criminal Court

Defending Yourself in Criminal Court Community Legal Information Association of Prince Edward Island, Inc. Defending Yourself in Criminal Court If you are charged with a criminal offence, certain federal offences, or a provincial offence,

More information

Crime (International Co-operation) Act 2003

Crime (International Co-operation) Act 2003 Crime (International Co-operation) Act 2003 CHAPTER 32 CONTENTS PART 1 MUTUAL ASSISTANCE IN CRIMINAL MATTERS CHAPTER 1 MUTUAL SERVICE OF PROCESS ETC. Service of overseas process in the UK 1 Service of

More information

DRINKING AND DRIVING OFFENCE

DRINKING AND DRIVING OFFENCE What to do if you are charged with a DRINKING AND DRIVING OFFENCE This booklet is not about provincial Motor Vehicle Act penalties for drinking and driving. This guide explains what normally happens when

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

The Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS

The Criminal Procedure Rules Part 5 as in force on 7 April 2014 PART 5 FORMS AND COURT RECORDS Contents of this Part PART 5 FORMS AND COURT RECORDS Section 1: forms Forms rule 5.1 Forms in Welsh rule 5.2 Signature of forms rule 5.3 Section 2: court records Duty to make records rule 5.4 Recording

More information

WARNING. In this document, the masculine includes both men and women, depending on the context.

WARNING. In this document, the masculine includes both men and women, depending on the context. WARNING This document provides general information and does not constitute a legal opinion. Its contents should not be used to attempt to respond to a particular situation. In this document, the masculine

More information

The Criminal Procedure Rules October 2015 PART 9 ALLOCATION AND SENDING FOR TRIAL

The Criminal Procedure Rules October 2015 PART 9 ALLOCATION AND SENDING FOR TRIAL Contents of this Part PART 9 ALLOCATION AND SENDING FOR TRIAL General rules When this Part applies rule 9.1 Exercise of magistrates court s powers rule 9.2 Matters to be specified on sending for trial

More information

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS

C RIMINAL LAW O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS T E X A S Y O U N G L A W Y E R S A S S O C I A T I O N A N D S T A T E B A R O F T E X A S C RIMINAL LAW 1 0 1 : O V E RVIEW OF T H E T E XAS C RIMINAL J USTICE P ROCESS A C RIMINAL LAW 1 0 1 Prepared

More information

Defending Yourself. in Provincial Court. Public Legal Education and Information Service of New Brunswick

Defending Yourself. in Provincial Court. Public Legal Education and Information Service of New Brunswick Defending Yourself in Provincial Court Public Legal Education and Information Service of New Brunswick Public Legal Education and Information Service of New Brunswick is a non-profit organization. Its

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

have to appear before the Youth Justice Court *, or

have to appear before the Youth Justice Court *, or Chapter 3: Lawyers Part 1: The right to a lawyer 1. When do I need a lawyer? You should talk to a lawyer whenever you: are charged* with breaking the law, are arrested or detained by the police, have to

More information

Domestic Violence, Crime and Victims Act 2004

Domestic Violence, Crime and Victims Act 2004 Domestic Violence, Crime and Victims Act 2004 CHAPTER 28 CONTENTS PART 1 DOMESTIC VIOLENCE ETC Amendments to Part 4 of the Family Law Act 1996 1 Breach of non-molestation order to be a criminal offence

More information

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET Table of Contents CRIMINAL PROCEDURE Initial Appearance/Bond Preliminary

More information

MEXICO S CRIMINAL JUSTICE SYSTEM A GUIDE FOR U.S. CITIZENS ARRESTED IN MEXICO

MEXICO S CRIMINAL JUSTICE SYSTEM A GUIDE FOR U.S. CITIZENS ARRESTED IN MEXICO MEXICO S CRIMINAL JUSTICE SYSTEM A GUIDE FOR U.S. CITIZENS ARRESTED IN MEXICO (Please Note-The information provided herein is meant as general guidance only and may not apply fully to your particular situation.

More information

Navigating the Canadian Criminal Justice System: A Guide for Victims

Navigating the Canadian Criminal Justice System: A Guide for Victims Navigating the Canadian Criminal Justice System: A Guide for Victims Prepared by the Canadian Resource Centre for Victims of Crime 2010. All rights reserved. Table of Contents NAVIGATING THE CANADIAN CRIMINAL

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003

Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 Act No. 40 of 2003 Queensland DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 TABLE OF PROVISIONS Section Page PART 1 PRELIMINARY 1 Short title....................................................

More information

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.

Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado. Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for

More information