Criminal Trial
In Ontario, a criminal trial is a process whereby the Crown (the prosecution) attempts to prove beyond a reasonable doubt that the accused person has committed the alleged offence. During this process, evidence and witnesses may be called by both parties. A judge or jury will ultimately decide on a verdict of guilt or innocence based on their assessment of the evidence presented at trial. Depending on the severity of the offence, an individual accused of a crime may request a preliminary inquiry, a plea bargain or have their case heard before a jury. A bail hearing may also be held in order to determine whether an accused should be detained prior to trial.
Basic criminal trial procedure process
A basic criminal trial procedure process typically involves the following steps:
- Arrest and processing
- Bail or remand decision
- Preliminary inquiry (if applicable)
- Plea bargain negotiations (if applicable)
- Jury selection (if applicable)
- Opening statements by lawyers
- Introduction of evidence and witnesses testified by both Crown and defense counsel
- Jury instructions by the judge
- Closing arguments by defense and prosecution lawyers
- Deliberations by jury (if applicable)
- Verdict findings, if any, is given by jury or judge alone
- The judge renders sentence for the accused
- Appeal process (if applicable).
Pre-Trial Process
The pre-trial process is an important part of a criminal trial in Ontario. This includes bail hearings, plea bargains, and preliminary inquiry hearings (if applicable). It also includes the exchange of disclosures between the Crown and the defense, which may include witness statements, medical or police reports, or other evidence. During this phase of the trial, legal counsel will negotiate on behalf of their client to present the best possible case to the court. An individual who has been charged with a criminal offence may enter a plea of guilty or not guilty at any stage during these proceedings. In some cases, a person may also waive their right to have a trial altogether.
Arrest and processing
In Ontario, when a person is arrested they will be taken into police custody and processed in accordance with the Criminal Code of Canada. This includes being fingerprinted, photographed and searched. In some cases, an individual may also have to submit to a blood or breathalyzer test if they are suspected of being impaired by drugs or alcohol. After processing is complete, the accused may then be released on their own recognition or remanded until their trial date. Bail hearings may also take place at this time in order to determine whether an individual should be detained until their trial date.
Bail or remand decision
The decision to grant bail or remand a person can be made by a Provincial Court Justice, or by the Crown Attorney in some cases. In making this determination, the court will consider factors such as the seriousness of the offence, the accused’s criminal record or lack thereof, and any concerns related to public safety. It is important for an individual who has been charged with a criminal offence to understand their rights when it comes to bail and remand decisions. Consult an experienced criminal defence lawyer to learn more about your rights before attending court.
Preliminary inquiry (if applicable)
A preliminary inquiry may be available to individuals charged with an indictable offence in certain circumstances. It is an opportunity for the Crown to present evidence and for the defence lawyer to challenge that evidence or call witnesses. The decision of whether to proceed with a preliminary inquiry rests with the accused, however, it can be of great benefit when deciding whether to go ahead with a trial. If you have been charged with an offence, consult a criminal defence lawyer experienced in preliminary inquiries to determine your next steps and the best course of action.
Plea bargain negotiations (if applicable)
Plea bargain negotiations may be an option for those facing criminal charges. A plea bargain, or plea agreement, is a negotiation between the defence and the Crown in which both sides come to an agreement on the charge or charges that will be pleaded to by the accused in exchange for some sort of benefit. This could include reduced sentences or lesser charges. Regardless of whether plea bargaining is chosen as an option, it is important that accused individuals have experienced legal counsel who can advise them throughout the process and ensure their rights are protected.
Trial Process
- Jury selection (if applicable)
- Opening statements by lawyers
- Introduction of evidence and witnesses (by both Crown and defense counsel)
- Jury instructions by the judge
- Closing arguments by defence and prosecution lawyers
- Deliberations by jury (if applicable)
Sentencing Phase
- Verdict findings, if any, is given by jury or judge alone
- The judge renders sentence for the accused
- Appeal process (if applicable)
Conclusion
It is essential that accused individuals have access to experienced legal counsel throughout any criminal proceedings, whether they proceed with a preliminary inquiry or plea bargain negotiations. Having the right lawyer can make all the difference in securing the best outcome for a charged individual.
If you have any questions about the process, do not hesitate to contact us at Tailor Law Professional Corporation. We have highly skilled Criminal lawyers who will assist you with legal advice. You may contact us at 905-366-0202, or visit our website here.
