The chain of events that follow when someone faces criminal charges

Consideration was given for the editing and publication of this post.

When you face criminal charges, it is indeed a worrying situation, but the silver lining is that you enjoy certain constitutional protections when charged with a crime.  Knowing about what you should do in such case will ease your problems to some extent as you can take the right steps for protecting your rights.

As soon as you face the charges, you must not waste time but rush to a criminal defense lawyer in Brampton who can ensure that you receive all legal assistance to protect your rights as a defendant.  The lawyer will hold your brief and represent your case in the court and even educate you about your rights and advice the best ways to move forward.

The lawyer is your guardian

The lawyer you appoint would take the responsibility of protecting you from any unwanted advantage that the authorities may try to take. It can happen that the police or other law enforcers like detectives would try to gather information from you that they would later use against you and the lawyer who is aware of such possibilities would warn you in advance not to succumb to such pressures.  Once you have the lawyer with you, let him, or her do all the talking.

Charges may lead to arrest

Charging a person with a crime may precede arrest in which case it would require a warrant issued by a judge to arrest the person. The police would then locate the person and arrest him or her and provide a copy of the warrant too.  The person must be aware of the charges brought against him or her that led to the arrest.  It is not mandatory to produce the warrant at the time of arrest, but it is the duty of the police to provide a copy of the warrant to the defendant within a reasonable time.

Booking the arrested person

After the arrest, the person might have to spend a maximum of 48 hours in police custody to undergo the process of booking that consists of taking fingerprints and completing other requirements. During the detention, the person can talk to the lawyer and even meet him briefly before the court hearing begins.

Hearing the charges in court

If the person is not aware of the charges which can happen if the warrant was not available at the time of arrest, then it will be the first time that the defendant hears about it when the judge reads out the charges aloud. The defendant can then enter a plea by choosing to declare guilty, not guilty or no contest.

Pleading not guilty leads to trial

On pleading not guilty, the case goes for trial and the government must prove beyond a reasonable doubt that the guilt was committed. The jury after hearing both sides and looking into the evidence presented will then decide if the defendant is guilty or not.

On being found not guilty during trials, the defendant is released. If found guilty or there is no trial due to the defendant pleading no contest or guilty then it leads to sentencing.

May 10, 2019 · Tim Kevan · Comments Closed
Posted in: Uncategorized