How does the criminal court system process work?

[frozenrice]

Without getting into too many details, the short version is that I got arrested the other night and spent the evening in the hotel downtown. It all stemmed from an incident involving an accident with an airsoft gun. No injuries resulted other than a tiny welt smaller than a half of an inch.

I was released without having to pay bail based having a squeaky clean file (never been arrested or charged with anything before - even a clean driving record) prior to this event and the fact that I have stable employment. If I break any conditions of my release then I have to pay the bail and spend more time downtown. At this point, two of the conditions are that I cannot communicate or see anyone from my family until the matter is settled in court and I have to stay 200m or more from my home.

Here is where I am stuck. I have to go to court Monday morning. I scrambled all day Friday trying to see if I could find a lawyer but never got a hold of one or any calls back. I hoping someone here on beyond is able to provide some guidance (from experience or actual knowledge) as to what to expect when I go in on Monday. I was given a time to go, but was never told how long it would take and what exactly it is that will be accomplished at that session. I don't know what to prepare for or what I am and not able to do or say. All I want to do is to clear this up so that I can go home to my family ASAP and hope that this incident will not affect my future (ie: travel abroad, volunteer opportunities etc) or employment.
At this point I'm wondering if there is anything I can do to clear this on my own ASAP. If I end up waiting for a lawyer it will delay the process which means it will take more time before I can clear the conditions which is what I am trying to prevent.

I don't usually ask for any help of this kind from Beyond but I am extremely stressed about this and to be honest, really emotionally choked that this is even happening. I'm tired from lack of sleep and grasping at air right now trying to figure out what to do. I'm really desperate. I know it sounds silly but it's coming from someone who's never in his life ever imagined having to deal with something like this before and scared as shit as to what could potentially be lost from all of this.

Any helpful information at this point would be truly appreciated at this time.

[Seth1968]

Go to court, explain the lawyer situation, and your court date will be extended.

As far as the justice system goes, the more money you have, the more likely the charges will be dropped.

[BensonTT]

Originally posted by Seth1968

As far as the justice system goes, the more money you have, the more likely the charges will be dropped.

What? Please explain how?.. We are not in Vietnam lol

[lil*tymer]

The more money you have the better lawyer you can potentially retain, increasing your chances of getting charges dropped.

[BensonTT]

Originally posted by lil*tymer
The more money you have the better lawyer you can potentially retain, increasing your chances of getting charges dropped.

Ok that makes more sense.. They way he said it was like bribery or something lol

[FixedGear]

congrats - getting arrested for doing something totally stupid is a right of passage.

I spent a night in King's Country jail in Seattle for climbing a 5 story condo that was under construction when I was drunk with my brother. I think it was the 2x4 I threw over the side that got the attention of the people that called the police. Got charged with criminal trespass, had to go to court the next Monday morning where the charge was immediately dismissed.

Met a bunch of other idiots like myself in there, one weird guy who stole a 14" bowie knife from a store, and was trying to convince me that he was innocent and just walked around with that in his jacket all the time.

EDIT: as for what to do - try not to worry about it, it won't help anything. Just show up there and see what they say. I'm not sure what exactly you did and what you're charged with, but if it was just some stupid goofing off, you'll likely just get a slap on the wrist.

[frozenrice]

haha? Thanks for the 'grats - does that give me street cred now?

If I understand the paperwork correctly and without getting too wordy, it's more or less "assault with a weapon". It sounds really heavy handed but according to "them" the weapon can also be an imitation of a weapon.

[FraserB]

Are they treating it like DV or not? It sounds like they are since it seems a protection order was put in place.

If it is simply assault and it was a misunderstand/accident, I'd imagine that the other affected party wouldn't be too interested in going forward with the charges and my limited understanding is that they won't be able to prosecute without them. Unless it's DV, then they go ahead with or without a complaining witness.

Do you mind posting or PM'ing the sections they are charging you with? Not a lawyer or anything, but might be able to steer you in the right direction.

[Weapon_R]

This sounds like your first appearance. You'll simply have to go in and explain to the court that you need more time to retain a lawyer and review disclosure. Ask to put the matter over for 3 weeks to allow for that.

You didn't mention if your appearance was in a court room or at CMO. I find CMO to be quicker usually. If you have to appear in court, you'll have to wait until the lawyers are finished and anyone else with priority. It may take anywhere from 5 minutes to 2+ hours depending how busy things are.

You also don't mention what you were charged with, but assuming it was against a family member you'll have to convince the court why the conditions should be removed or chat with the crown and agree to it before court starts. I strongly recommend retaining a lawyer.

[frozenrice]

DV = Domestic Violence?

It's section 267(a).

267. Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or


(b) causes bodily harm to the complainant,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

From what I've been told at the time of arrest, it's not the affected party that gets to have any say in the matter (one of the differences between US and Canadian systems). It's totally up to the police/crown. Not sure on the trial/court side how that works though.

According to fixedgears' experience is there a chance that they'll dismiss the matter at the first appearance (US laws vs Canadian laws)?

I've been doing some more searching on google and came across some info that seems to indicate that my appointment on Monday is just the first appearance to set the actual trial date. I don't know if they can dismiss everything at that point (if they think it's nothing) or if I have to actually have to go to trial to get everything sorted out.

[Weapon_R]

In my opinion you shouldn't set anything for trial or enter a plea right now without reviewing your disclosure and speaking to a lawyer. You simply ask for more time, or see your disclosure and find a lawyer. That's the only thing you should be doing right now. There's a lot of misinformation in this thread and online and only a qualified person should give you advice.

The crown can stay or withdraw at any point but until a prosecutor actually reviews the file (which won't happen by Monday I doubt), nothing will be withdrawn. This is why having a lawyer is so important - to get in touch with the assigned crown and provide reasons why it needs to go away.

[frozenrice]

Originally posted by Weapon_R
This sounds like your first appearance. You'll simply have to go in and explain to the court that you need more time to retain a lawyer and review disclosure. Ask to put the matter over for 3 weeks to allow for that.

You didn't mention if your appearance was in a court room or at CMO. I find CMO to be quicker usually. If you have to appear in court, you'll have to wait until the lawyers are finished and anyone else with priority. It may take anywhere from 5 minutes to 2+ hours depending how busy things are.

You also don't mention what you were charged with, but assuming it was against a family member you'll have to convince the court why the conditions should be removed or chat with the crown and agree to it before court starts. I strongly recommend retaining a lawyer.

I have to appear in a courtroom. The issue is I don't want to delay getting home. My family is my only constant/comfort despite the circumstances and I just want to be with them.

[frozenrice]

Originally posted by Weapon_R
In my opinion you shouldn't set anything for trial or enter a plea right now without reviewing your disclosure and speaking to a lawyer. You simply ask for more time, or see your disclosure and find a lawyer. That's the only thing you should be doing right now. There's a lot of misinformation in this thread and online and only a qualified person should give you advice.

The crown can stay or withdraw at any point but until a prosecutor actually reviews the file (which won't happen by Monday I doubt), nothing will be withdrawn. This is why having a lawyer is so important - to get in touch with the assigned crown and provide reasons why it needs to go away.

Is that what they are calling "reserving your plea"?

[Weapon_R]

Yes.

Shoot me a pm if you have any specific questions about Monday and I'll try and give you a hand.

[FixedGear]

I think it's really going to depend on the situation. I mean if you were just screwing around in your back yard and accidentally shot someone with a stray bb, it's going to be a lot different if you were e.g. involved in sketchy stuff at 3 am with a BB gun.

[mazdavirgin]

Retain a lawyer say nothing to the police. That's the biggest thing never talk to the cops.

[FixedGear]

I just can't believe an og member that's had a Spam beyond.ca logo for like a decade could do anything bad.

(Killer signature btw, I've been enjoying that forever.)

[frozenrice]

Originally posted by FixedGear
I just can't believe an og member that's had a Spam beyond.ca logo for like a decade could do anything bad.

(Killer signature btw, I've been enjoying that forever.)

haha, thanks for the laughs.... I could really use some. I can't believe this is all happening either. I feel really bad about what happened as it was honestly an accident.

[300zxfairlday]

Get a lawyer , or ask for more time. They wont drop anything on the first court appearance especially without a lawyer. The conditions will be best dealt with using a lawyer..... You can talk to legal aid when you get there and they can do the talking for you

[cancer man]

Better call Emmerson Brando . If he can appear again in the courts.
Biggest ass kisser i ever meet. He is good that's why the lawyers hated him.

Go to court plead not guilty and retain an attorney you obviously pointed and shot.
You totally pissed someone off that they had to call the police.

Banned from family you pointed at someone else after that...