Representing Yourself in Court: A Guilty Plea

Size: px
Start display at page:

Download "Representing Yourself in Court: A Guilty Plea"

Transcription

1 Representing Yourself in Court: A Guilty Plea In an ideal world, anyone who has been charged with a criminal offence should have a lawyer handling their case and representing them in court. However you may not be able to afford a lawyer or the matter may be simple enough for you to prepare your own case and speak for yourself. Before you start reading this pamphlet, it is assumed that you have taken advice from the Legal Service as to whether your situation warrants legal representation and whether you should be pleading guilty or not guilty. This pamphlet deals with what to expect, do and say when pleading guilty to a relatively straight forward offence. Pleading guilty means that you are not disputing the charge which is laid against you, and are agreeing that you actually committed the offence. If you are planning on pleading not-guilty, this booklet is not for you. So, you are going to represent yourself in court. Firstly you need to know a few things about the court. What will the Courtroom be like? A simple visit to the court can help to familiarise yourself not only with its procedure but also the surrounds of the court and what you should expect to happen on the day your case is heard. Magistrate The magistrate sits at the front of the court at `the bench'. He or she is addressed as `Your Honour. The role of the magistrate is to decide on the appropriate penalty for you.

2 Clerk of the Court / Magistrate's Assistant The clerk sits close to the Magistrate. The role of the clerk is to make sure the court runs smoothly. He or she is the one who will call your case up, read the charge out to the court, administer the oath and hand up any documents to the magistrate. So if you have brought any references or letters with you for the magistrate, hand them to the clerk. At the end of your hearing, the clerk will be the one who will give you any paperwork which you may have to sign. Defendant You will be referred to as the `the defendant' or the `accused' as you are the one who has been charged by the police or received a summons for breaking the law. Police Prosecutor The prosecutor is usually a member of the police force. He or she will be sitting at the bar table. It is his or her role to present the case against you. Informant The informant is the police officer who charged you or was the one that interviewed you. As you are pleading guilty, he or she does not need to be present because you there is no dispute as to what occurred. Instead the informant will have provided a summary which the police prosecutor will read out in court. You may want to talk to the informant before arriving at court about what he/she wrote in the summary. If there are things which you don't agree with, you should try to get him/her to delete the passages. The other people in court may be observers, others waiting for their charges to be heard, barristers and solicitors, court officers and social workers. Court Room Etiquette Dress conservatively and look neat and tidy. Men should wear a suit and tie if possible and women should wear a suit (try to borrow one if you don't have one) When entering and leaving the court, bow (ie nod your head)

3 When you are in the court-room waiting for your case, don't walk around or talk (remember the magistrate may be watching and it may annoy him or her) Refer to the Magistrate as `Your Honour' When you are speaking to the magistrate, stand up straight and make eye contact Speak clearly, slowly and loudly. Courts can often be noisy places so the Magistrate may have difficulty hearing you Never argue with the Magistrate Consider taking a friend with you for support What will happen on the day of your hearing Make sure you are early Go to the Clerk of court's office and tell them who you are. They can tell you which courtroom your case will be heard in and perhaps how long you will have to wait If you haven't already seen the Police Summary of your case, ask them how you may make arrangements to see it The Procedure in Court Stand before the Magistrate enters When your case is called, go up to the bar table and stand Tell the Magistrate that you are representing yourself The Police Prosecutor or the Clerk of the Court will read out the charge(s) against you You will be asked if you plead guilty or not guilty. Tell the Magistrate that you are pleading guilty. (Note that by pleading guilty, you are admitting that the charge(s) against you is/are correct. However, in your plea you can ask for leniency because of mitigating circumstances)

4 The Police Prosecutor will read out a summary of the evidence against you. He/she will finish by saying This is the case against the defendant or something similar The Magistrate will then state that the case against you is proven, that is, that you are guilty, and ask the prosecutor if anything is alleged or known against you. This question is directed at finding out whether you have any prior convictions. You may be given the opportunity by the prosecutor to verify that the list tendered is correct. If it is not, tell the court. The Magistrate will then ask if you have anything to say. This is your chance to state why the Magistrate should have leniency on you in deciding a penalty Your Plea What to tell the Magistrate For the purposes of this booklet, it is assumed that this is a guilty plea for traffic or drink driving offences which are relatively straight forward. Your purpose here is not to tell the Magistrate that you did not commit the offence, because you already have admitted to it by pleading guilty. Your aim is to convey to the court that you are genuinely remorseful, have learnt a lesson and that there will not be a re-occurrence of this incident which brought you before the court. By preparing your plea thoroughly, you are not only increasing your chances of receiving leniency from the Magistrate, but are showing the court that you have taken the charge very seriously. Your plea should contain the following material: 1. Your account of the incident and any reasons why the offence was committed 2. Explanation of Prior convictions 3. Character Evidence 4. References 5. Your Financial Situation 6. Why you need your licence (if it is a traffic offence)

5 7. Why you do not want a conviction recorded against you Your Account of the Incident and Reasons for committing the Offence Try to point out factors which might reduce the seriousness of the offence. For example, your speeding was on a straight stretch of road, late at night so you were not endangering other vehicles. While you must acknowledge that there are no excuses for breaking the law, if there are reasons why you committed the offence, you should say so. If it was simply due to human error, admit it. For example: You may not have been as vigilant as you should have been while driving because you were attempting to change lanes; or You may have miscalculated the distance between your car and another; or The street sign may have been obscured by trees or fog; or You may have miscalculated the effect of drinking on your concentration; or You may have been driving another person's car and forgotten to transfer the P-Plates or removed the L-Plates. Prior Convictions If you have no prior convictions, stress this as being evidence of good character. If you have prior convictions, try to point out to the court why they should not be taken into account in deciding a penalty. They may not be relevant because : They do not relate to your driving history; or The convictions are quite old and your character has changed since then; or They occurred while you were suffering from a mental condition which has since improved. Character Evidence Your aim here is to show that you are a contributing, respected and responsible member of society. You may choose to mention:

6 Your present employment and its duration If you are not presently employed, what your previous employment was and what job you are hoping to obtain Your schooling and family background Your matrimonial situation and whether you have any children (ie whether you in a stable family situation) References If possible, try to get some references to give to the Magistrate that attest to your good character. They might be from employers (previous or current), priests or doctors. They might also be from people who have driven with you. The references should be typed (or neatly written) and addressed to the Magistrate Try to have them written on a letterhead Make sure that the writer includes in the reference that he/she is aware of the charges you are facing The writer should not say that you could not have committed the offence but that you are generally of good character and what you have done surprises them as it was totally out of character Your Financial Situation It is important to tell the Magistrate how much you earn per week, and what financial commitments you have (ie are you supporting a family or do you have debts). You may ask the Magistrate to impose as small a fine as possible. Give reasons to the Magistrate as to why you cannot afford to pay a large fine. You can ask the Magistrate to give you time to pay a fine (eg. 3 months) or ask that you pay by way of instalments. Why you need your licence The Magistrate has the ability in all traffic matters to suspend your licence. It is therefore necessary to give reasons why you require your licence.

7 Note however that you may have been found guilty of an offence for which a mandatory minimum period of loss of licence is set (eg certain speeding and drink driving offences.) In this case, your aim is to inform the Magistrate why he/she should only suspend your licence for this minimum period. Below are a few reasons which may relate to you. Work Related Reasons You need your licence to get to and from work or you may be required to travel for work eg a plumber, salesperson or deliveries driver. Try to get a letter from your employer stating how your employment would be affected without a licence Geographical Reasons: You may live a long way from public transport and so losing your licence could affect your ability to shop, visit relatives and friends, and leave you isolated Family Reasons You may need your licence to transport your family to and from school, sport or work, or to visit relatives. You should explain that losing your licence could cause your family hardship Why you do not want a conviction recorded against you The Magistrate may consider that the seriousness of the offence together with your prior history warrants that a conviction be recorded. However, you may be able to convince the Magistrate that in light of your good character and the circumstances of the offence, a conviction would cause you hardship. You may explain that a conviction would hamper your future prospects for employment or affect your current employment. You could ask to be placed on a good behavior bond. What happens next Remain standing after you have finished The Magistrate will then decide what sentence he/she thinks appropriate If you are given a good behaviour bond, you will have to wait until the Magistrate's assistant gives you a copy of the order the Magistrate made Good luck!

8 The information provided in this pamphlet is a general guide only. To be sure of your rights and responsibilities, you should get advice from a solicitor or a community legal service.

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Legal Aid NSW, July 2012 Presented by Andrew Bide and Clare Magni, Solicitors,

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

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

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

What happens in court?

What happens in court? Pleading Guilty? 1 If you are charged If you are charged with drink or drug driving you will usually be able to represent yourself in a plea of guilty at court, but you should seek legal advice first.

More information

Supporting your client in Court

Supporting your client in Court Supporting your client in Court Tips for drug and alcohol workers Legal Aid NSW July 2012 Prepared for NADA Networking for Court Support: Collaboration, Confidence, Court Support and Case Notes Forum Presentation:

More information

Drink Driving Charges and You

Drink Driving Charges and You Hugo Aston BA, LLB, GDLP Director Aston Legal Criminal Defence Lawyers Level 2 370 Pitt Street SYDNEY NSW 2000 Drink Driving Charges and You A guide to pleading guilty to a drink driving charge t: 02 9261

More information

Motoring Offences: Guilty Pleas

Motoring Offences: Guilty Pleas Motoring Offences: Guilty Pleas Accessible & Transparent Services with Clear Prices Accessible Law: Motoring Motoring Offences: Guilty Plea 1,200 Guilty pleas with attendance at 1 hearing If you need to

More information

If you can t get a lawyer for your criminal trial:

If you can t get a lawyer for your criminal trial: If you can t get a lawyer for your criminal trial: How to make an application to have a lawyer appointed (Rowbotham Application) if you have been denied representation through Legal Aid Alberta and cannot

More information

SUPREME COURT OF SOUTH AUSTRALIA (Magistrates Appeals: Criminal)

SUPREME COURT OF SOUTH AUSTRALIA (Magistrates Appeals: Criminal) SUPREME COURT OF SOUTH AUSTRALIA (Magistrates Appeals: Criminal) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply

More information

Contesting a speeding ticket

Contesting a speeding ticket Contesting a speeding ticket If a driver wishes to contest a speeding charge they must complete and return the Section 172 notice (or, notice of intended prosecution) within 28 days. Even if the driver

More information

Drink driving charges and you

Drink driving charges and you Drink driving charges and you What to do when pleading guilty to a drink driving charge 12 Have you been charged with drink driving? There are things you must know. Most drink driving charges are prescribed

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

Are you going to lose your driver licence?

Are you going to lose your driver licence? Are you going to lose your driver licence? A guide to help you apply for a work licence or special hardship order Contents 2 How can this guide help me? 2 When should I use this guide? 4 Applying for a

More information

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

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

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

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

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

How to Represent Yourself on a Drink Driving Charge in NSW

How to Represent Yourself on a Drink Driving Charge in NSW How to Represent Yourself on a Drink Driving Charge in NSW 1. Introduction Many people who are charged with a drink driving offence decide not to contest the charge because they cannot afford a lawyer

More information

- Contents of this Guide - The Purpose of this Guide 1. Important Disclaimer 1. Special Hardship Orders 2. Special Hardship Orders 3

- Contents of this Guide - The Purpose of this Guide 1. Important Disclaimer 1. Special Hardship Orders 2. Special Hardship Orders 3 - Contents of this Guide - The Purpose of this Guide 1 Important Disclaimer 1 Special Hardship Order vs Restricted License Application 2 Special Hardship Orders 2 Special Hardship Orders 3 When an Application

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

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

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

DRINK DRIVING AND THE LAW

DRINK DRIVING AND THE LAW This information is general and not a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Contact the Legal Helpline 1300 366 424 (TTY 8463 3691) www.lsc.sa.gov.au

More information

The Law on Drink Driving

The Law on Drink Driving Drink driving What is the legal limit? 80mg of alcohol in 100mg of blood 107mg of alcohol in 100mg of urine 35mg of alcohol in 100ml of breath When can the police ask for a breath test? An officer in uniform

More information

Law & The Courts Resource Guide

Law & The Courts Resource Guide Law & The Courts Resource Guide - what to do in case of an auto accident - your rights in traffic court - your rights if arrested table of contents What To Do In Case Of An Auto Accident...1 Your Rights

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

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

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360 CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY

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

How will I know if I have to give evidence in court?

How will I know if I have to give evidence in court? Being a Witness What is a witness? A witness is a person who is required to come to court to answer questions about a case. The answers a witness gives in court are called evidence. Before giving evidence,

More information

Being a witness in a criminal trial

Being a witness in a criminal trial Being a witness in a criminal trial If you have been the victim of an offence, or a witness to that offence, you may be asked to make a formal statement. The judge who hears the case can use your statement

More information

PICKWICK SOLICITOR S KEEP DRIVING PLAN

PICKWICK SOLICITOR S KEEP DRIVING PLAN KEY FACTS PICKWICK SOLICITOR S KEEP Call 0208 502 9398 WHY CHOOSE THE KEEP Pickwick Solicitor s Keep Driving Plan is designed to advise you as to the law your rights the weight of evidence against you

More information

What to do if called to give evidence

What to do if called to give evidence What to do if called to give evidence An information guide for witnesses Contents Being a witness 2 Inquiry centre 2 Support and assistance 2 Before attending the inquiry How the case is prepared 3 What

More information

Your Voice in Criminal Court

Your Voice in Criminal Court Your Voice in Criminal Court a guide to court orientation for adult witnesses INFORMATION + RESOURCES FOR VICTIM SERVICE WORKERS introduction Victim Service Workers have an important role to play in the

More information

Information For Defendants About Getting A Court-Appointed Attorney

Information For Defendants About Getting A Court-Appointed Attorney Information For Defendants About Getting A Court-Appointed Attorney If you are charged with a criminal offense and cannot afford to hire an attorney, you are entitled to a court-appointed attorney. May

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

MOTORING offences & criminal law

MOTORING offences & criminal law Really Useful Guide To MOTORING offences & criminal law From Road Accidents to Serious Crimes Friendly yet tenacious; We are on your side. Protecting you and your interests. Speeding, Driving without Due

More information

Road traffic offences

Road traffic offences There is a vast spectrum of driving offences, relating to use of a motor vehicle, keeping of a motor vehicle, document and driving offences. This is a selection of just a few of them: Alcohol Related Offences

More information

Criminal Trial. If You Can t Get a Lawyer for Your. How to Make a Rowbotham Application

Criminal Trial. If You Can t Get a Lawyer for Your. How to Make a Rowbotham Application If You Can t Get a Lawyer for Your Criminal Trial How to Make a Rowbotham Application Denied legal aid? Can t afford a lawyer? Facing a serious/complex criminal charge? December 2012 2012, Legal Services

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

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

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

Your Guide to Illinois Traffic Courts

Your Guide to Illinois Traffic Courts Consumer Legal Guide Your Guide to Illinois Traffic Courts Presented by the Illinois Judges Association and the Illinois State Bar Association Illinois Judges Association Traffic courts hear more cases

More information

Information for witnesses going to court

Information for witnesses going to court Information for witnesses going to court Useful telephone numbers Witness Service...440496 Victim Support...440496 Women s Refuge...08007 356836 (freephone) Citizen s Advice Bureau...08007 350249 (freephone)

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

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

Traffic Law. The Nature of Traffic Law. Our Traffic Law Team

Traffic Law. The Nature of Traffic Law. Our Traffic Law Team Traffic Law Traffic Law The Nature of Traffic Law The rate of traffic offences in Queensland has risen with the increase in police presence, marked cameras and unmarked patrol cars. Traffic offences range

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

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid Chapter 6B STATE ELIGIBILITY GUIDELINES Last Amended: 1 July 2006 Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6B - STATE ELIGIBILITY GUIDELINES GENERAL...3 PROVISION OF LEGAL ASSISTANCE...3 GENERAL GUIDELINES

More information

Being a Witness. Going to Court. A booklet for adult witnesses in criminal and children s hearing court proceedings

Being a Witness. Going to Court. A booklet for adult witnesses in criminal and children s hearing court proceedings Being a Witness A booklet for adult witnesses in criminal and children s hearing court proceedings A booklet for adult witnesses in criminal and children s hearing court proceedings. The pictures used

More information

0800 756 2415 info@motoprolegal.co.uk

0800 756 2415 info@motoprolegal.co.uk MotoPro PACKAGES We are a niche criminal practice specialising in motoring offences. Offering a range of packages with a fixed fee approach designed to ensure that if you are facing an allegation of a

More information

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process

DUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process DUI FAQ Guide FAQs to Help Guide You Through The Florida DUI Process Randy Berman, Esq. Law Offices of Randy Berman (561) 537-3877 RandyBermanLaw.com A Simple guide for someone recently arrested for a

More information

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the

More information

been asked to be a witness - what do I do?

been asked to be a witness - what do I do? Being a witness in the High Court and County Courts Ex 341- w3 I have been asked to be a witness - what do I do? Why have I been asked to be a witness? You have been asked to be a witness because you have

More information

Welcome to our Driving Law Service

Welcome to our Driving Law Service DRIVING LAW Welcome to our Driving Law Service What is Driving Law? It s the area of law that covers drivers and passengers of all vehicles and is there to safeguard all of us on our roads and in public

More information

A Guide for Witnesses

A Guide for Witnesses Community Legal Information Association of Prince Edward Island, Inc. A Guide for Witnesses Introduction You may be called as a witness for either a criminal or civil trial. This pamphlet explains your

More information

Chapter 9. Motor vehicle offences

Chapter 9. Motor vehicle offences Chapter 9 Motor vehicle offences Chapter 9 Motor vehicle offences A. Overview... (9-1) B. Vehicle offences involving liquor or other drugs... (9-2 9-4) C. Unlicensed, disqualified and suspended driving...

More information

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes

More information

Licences and Traffic Offences

Licences and Traffic Offences Licences and Traffic Offences Welcome to the University of South Australia Legal Advice Clinic The Legal Advice Clinic at the University of South Australia provides confidential, free legal advice. The

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

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 be the Judge. Sentencing Law in Tasmania. Magistrates Court - Case Scenario 1

You be the Judge. Sentencing Law in Tasmania. Magistrates Court - Case Scenario 1 You be the Judge Sentencing Law in Tasmania - Case Scenario 1 Case Scenario 1 FACTS On 1 July 2002, the Defendant (Darren SMITH) is at a well-known Launceston nightclub with his girlfriend (Tracey JONES).

More information

aeinti, WITNESS ~ m As a witness in a cr;;ninal case, you have a very important role to play in the administration of justice.

aeinti, WITNESS ~ m As a witness in a cr;;ninal case, you have a very important role to play in the administration of justice. aeinti, WITNESS As a witness in a cr;;ninal case, you have a very important role to play in the administration of justice. Our legal system depends upon citizens coming forth to give evidence truthfully

More information

MOTOR VEHICLES, ACCIDENTS AND ALCOHOL

MOTOR VEHICLES, ACCIDENTS AND ALCOHOL MOTOR VEHICLES, ACCIDENTS AND ALCOHOL This is a guide to what you must and should do if you: are involved in a motor accident; have dealings with a police officer involving a motor vehicle; are required

More information

Minutes of Investigation Committee (Oral) hearing

Minutes of Investigation Committee (Oral) hearing Minutes of Investigation Committee (Oral) hearing Date of hearing: 5 February 2015 Name of doctor: Dr Veda Hari Prabhakar Ponnaiah Reference Number: 5200011 Registered qualifications: MB BS 1993 University

More information

Francis Burt Law Education Programme

Francis Burt Law Education Programme SENTENCING EXERCISE DRINK DRIVING Principles of Sentencing The Sentencing Act WA (1995) states that the punishment must fit the crime. In other words, when deciding what penalty to give an offender, the

More information

JURY ADMINISTRATION. The Jury System

JURY ADMINISTRATION. The Jury System JURY ADMINISTRATION The Jury System For countless generations the institution of trial by jury has been the cornerstone of our criminal justice system. Through participation in the jury system, the people

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

Victims of Crime the help and advice that s available

Victims of Crime the help and advice that s available Details about Victim Support Your local Victim Support Scheme is: Victims of Crime the help and advice that s available You can also contact the Victim Supportline on: 0845 30 30 900 Or, if you prefer,

More information

NOTICE TO ATTEND COURT

NOTICE TO ATTEND COURT Court no. Court Copy You are charged with the offence described below and the offence(s) described in any attachment to. Written law Act/Regulation Section Date is signed on: Issuing details Name Date

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

Type of law: CRIMINAL LAW. A 2011 Alberta Guide to the Law IMPAIRED DRIVING. Student Legal Services of Edmonton

Type of law: CRIMINAL LAW. A 2011 Alberta Guide to the Law IMPAIRED DRIVING. Student Legal Services of Edmonton Type of law: CRIMINAL LAW A 2011 Alberta Guide to the Law IMPAIRED DRIVING Student Legal Services of Edmonton COPYRIGHT & DISCLAIMER GENERAL All information is provided for general knowledge purposes only

More information

JUROR S MANUAL (Prepared by the State Bar of Michigan)

JUROR S MANUAL (Prepared by the State Bar of Michigan) JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,

More information

CRIMINAL DEFENCE & MOTORING OFFENCES

CRIMINAL DEFENCE & MOTORING OFFENCES CRIMINAL DEFENCE & MOTORING OFFENCES 1 Legal Services Conveyancing Criminal Defence & Motoring Offences Family Law Housing Wills, Probate & Estate Planning Accident Compensation Claims Contents Contents

More information

Information for Those Convicted of Minor Consuming or Possessing Alcohol (MCA)

Information for Those Convicted of Minor Consuming or Possessing Alcohol (MCA) Alaska District Court Information for Those Convicted of Minor Consuming or Possessing Alcohol (MCA) To those convicted of minor consuming or possessing alcohol and their parents or guardians -- Keep this

More information

Applying for a Limited Licence

Applying for a Limited Licence Applying for a Limited Licence A Community Law Guide Contents Disclaimer... 3 Introduction... 3 PART ONE: OVERVIEW OF LIMITED LICENCES... 4 Who can t apply for a Limited Licence?... 4 Stand down period

More information

January 21, The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL (618)

January 21, The Self Help Legal Center. Southern Illinois University School Of Law Carbondale, IL (618) January 21, 2006 The Self Help Legal Center Southern Illinois University School Of Law Carbondale, IL 62901 (618) 453-3217 2 TABLE OF CONTENTS Table of Contents 2 Disclaimer 3 Warning to all readers 4

More information

Chapter 3. Justice Process at the County Level. Brooks County Courthouse

Chapter 3. Justice Process at the County Level. Brooks County Courthouse Chapter 3 Justice Process at the County Level Brooks County Courthouse Chapter Three: Judice Process at the County Level Developmental Assets: Life Skills: TEKS: Objectives: 10. Safety 30. Responsibility

More information

Criminal Law. The Nature of Criminal Law. Our Criminal Law Team

Criminal Law. The Nature of Criminal Law. Our Criminal Law Team Criminal Law Criminal Law The Nature of Criminal Law Criminal Law is highly dynamic due to constant changes to legislation. Criminal Law covers a wide variety of areas from public nuisance offences through

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

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

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

Please Step Out of The Car

Please Step Out of The Car Urban Survival Guide: Please Step Out of The Car A Step by Step Guide Through The Los Angeles DUI & DMV Process MR DUI LA Attorney Mark Rosenfeld The Law Office of Mark Rosenfeld 800-9700-DUI (384) MRDUILA.com

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

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

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

Personal Safety Intervention Orders

Personal Safety Intervention Orders Personal Safety Intervention Orders A guide to resolving disputes and protecting your safety. This booklet is about personal safety intervention orders, which can help protect you from threats and violence

More information

Role Preparation. Preparing for a Mock Trial

Role Preparation. Preparing for a Mock Trial Criminal Law Mock Trial: Role Preparation This package contains: PAGE Preparing for a Mock Trial 1 Time Chart 2 Etiquette 3-4 Role Preparation for: Crown and Defence Lawyers 5-7 Judge and Jury 8 Court

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

Free Legal Consumer Guide Series www.southernmarylandlaw.com

Free Legal Consumer Guide Series www.southernmarylandlaw.com Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 How To Handle A Traffic Ticket HOW TO USE THIS GUIDE If you read this guide, you will discover what you need

More information

Information about INTERVENTION ORDERS

Information about INTERVENTION ORDERS Information about INTERVENTION ORDERS This publication has been prepared as a public service initiated by South Australia Police and, while every care has been taken in its preparation, no warranty is

More information

You and Your Lawyer. Public Legal Education and Information Service of New Brunswick

You and Your Lawyer. Public Legal Education and Information Service of New Brunswick You and Your Lawyer Public Legal Education and Information Service of New Brunswick Public Legal Education and Information Service of New Brunswick (PLEIS-NB) is a non-profit charitable organization. Its

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

Lesson Share TEACHER S NOTES. Courtroom drama by Lissy Freewoman. Procedure

Lesson Share TEACHER S NOTES. Courtroom drama by Lissy Freewoman. Procedure Courtroom drama by Lissy Freewoman Age: Teenagers / Young adults Level: Upper-intermediate advanced Time: 90 minutes Objectives: To learn crime vocabulary Key skills: Speaking Materials: One copy of the

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

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: April Plumton, RPN Chairperson Joseph Gajasan, RN Member

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: April Plumton, RPN Chairperson Joseph Gajasan, RN Member DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: April Plumton, RPN Chairperson Joseph Gajasan, RN Member John Bald Public Member BETWEEN: COLLEGE OF NURSES OF ONTARIO ) MATTHEW SAMMON for

More information

WHAT HAPPENS AFTER YOUR DUI ARREST?

WHAT HAPPENS AFTER YOUR DUI ARREST? WHAT HAPPENS AFTER YOUR DUI ARREST? Terry L. Gilbeau, Attorney-at-Law Law Offices of Terry L. Gilbeau 5701 Lonetree Boulevard, Suite 304 Rocklin, CA 95765 Telephone 916/626-5539 www.rocklinduiattorney.com

More information

Peace Bond Process. What is a Peace Bond? Contents

Peace Bond Process. What is a Peace Bond? Contents Peace Bond Process October 2010 Contents Peace Bond Basics 2 The Process 3 Protecting Privacy 5 Joint Peace Bonds 9 The purpose of this brochure is to help guide you through the process of acquiring a

More information