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- ----------------- CONTENTS OF THIS VIDEO --------------------
0:00 - What is the legal process you face when you get a DUI charge?
0:15 - What should I expect when going to court for my DUI charge?
0:53 - How long does it take for my criminal charges to proceed against me in the courts?
1:32 - What are the key court appearances that I will face during my legal process?
3:22 - What happens at my First Appearance in court?
4:25 - Do I have to attend my First Appearance?
5:04 - What is disclosure in a criminal case?
5:31 - Am I entitled to all the evidence in my case?
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CHAPTER 4: What is the legal process you face when you get a DUI charge?
What should I expect when going to court for my DUI charge?
The most important thing to remember with any criminal charge - whether you’ve been charged with Drinking and Driving / Over 80, or Impaired Driving by Alcohol or Drugs, or Refuse Breathalyzer -- is that you are presumed innocent.
It’s the government’s job to prove you are guilty beyond any reasonable doubt. You do not need to prove you are innocent.
To prove the charges against you, the government must go through a very specific legal process. This legal process starts with what is called a “first appearance.”
How long does it take for my criminal charges to proceed against me in the courts?
The criminal charges against you will take time. The legal process does not happen overnight. However, the courts cannot take forever to prosecute the case against you.
Generally, the courts have up to 30 months to bring the charges against you to trial. If your case goes beyond that 30 month time period, it may be possible to get your charges withdrawn because your right to have your case heard within a reasonable period of time has been breached. This is a constitutional argument that you should speak to your lawyer about.
What are the key court appearances that I will face during my legal process?
As your criminal case proceeds through the court system in Ontario, you will face a series of court dates that include:
First Appearance - This is the first time you appear before the court. It’s not a trial.
To Be Spoken To or Set Date Appearances - The case against you will take time. For example, your lawyer needs to get all the evidence, prepare a defence, etc. The same is true of the Crown prosecuting the case against you. They need time to prepare the case against you, respond to your lawyer, etc. The courts require updates to the process to ensure the process is moving forward. These court updates are heard in court, and these court dates are called “To Be Spoken To” or “Set Appearance” court dates.
Crown Pre-Trial - A crown pre-trial is a resolution meeting held between the Crown and your lawyer. If you don’t have a lawyer, you will be represented by Duty Counsel. At this meeting, the issues surrounding your case will be discussed. Potential case resolutions will also be discussed.
Trial - A trial is where the charges against you will be heard in a courtroom in front of a Judge. And in some cases, the case against you will be decided by a jury.
Sentencing - If you are found guilty, you will have a sentencing court date during which the Judge will decide on your sentencing.
What happens at my First Appearance in court?
Your First Appearance is not a trial.
The Police officer does not need to be there.
Your First Appearance is the first time you appear before the court. And here’s what's going to happen.
You will tell the court whether you intend to plead guilty or not guilty.
Do I have to attend my First Appearance?
If you have hired a lawyer, then no. You do not need to attend your First Appearance because your lawyer will attend on your behalf.
If you have not hired a lawyer, then yes. You will need to attend your First Appearance.
Will the Police Officer that charged me be at my First Appearance in court?
No. The Police Officer is not required to be at your First Appearance. If your case goes to trial, then yes, the Police Officer that charged you will be called upon to give the evidence that he or she has against you.
What is disclosure in a criminal case?
Disclosure is all the evidence that the Crown will use against you as they try to convict you on your DUI charges.
Disclosure includes all the Police Officer notes, witness statements, and technical documents including the notes from the breathalyzer technician.
Am I entitled to all the evidence in my case?
Yes.
And, it’s important to know that the disclosure you get at your First Appearance may not be complete.
And it is critical to get complete disclosure to properly assess your case’s strengths and weaknesses to mount an effective defence.
