Michael Oykhman
How quickly can my case be resolved?
The speed with which your case can be resolved depends on the type and complexity of the file and on your instructions as to how you would like to proceed. A complex file will result in longer delays in completing your case, since there will likely be a large amount of disclosure and multiple witnesses. The usual upshot of this is that more days ...
Do I have to go to trial?
You do not have to go to trial. You will only go to trial if you enter a plea of not guilty. You have the option at any time to plead guilty and be sentenced. There are benefits and drawbacks to going to trial. Trials are necessary where a satisfactory resolution cannot be reached through negotiations with the Crown prosecutor; however, trials can be ...
How long will my case take?
The length of a case is determined by the kind of charges you face, their seriousness, and the complexity of the legal issues to be explored. The length of the case can also be affected by the court and prosecution resources in your particular jurisdiction. In a busy jurisdiction with limited court resources, longer wait times in obtaining a trial date are to be ...
How do I get disclosure?
Disclosure is provided by the Crown prosecutor’s office. It is not provided automatically, and must be expressly requested. This is most commonly done with the assistance of duty counsel at the first court appearance. This can also be done by attending the Crown prosecutor’s office and submitting a paper request. If you retain a lawyer, your lawyer will request disclosure on your behalf. ...
What Is Disclosure?
Disclosure is the body of evidence the police have gathered during the course of their investigation into the charges against you. Once you have been charged, all this evidence is forwarded to the Crown Prosecutor’s office. The Crown Prosecutor is required to “disclose” all this information to you or your defence lawyer. Beyond some minor limitations, you have a constitutionally protected right to review ...
What Happens On The First Court Appearance?
Very little happens at the first Court appearance. This will not be your trial date, and you will not be expected to take a substantive step on that date. If you do not have a lawyer, your charge will be read to you to ensure that you understand the allegations, and you will be given an opportunity to order disclosure from the Crown Prosecutor’s ...
What do I do if I missed my fingerprinting or court date?
If you missed your fingerprints or court date, a warrant has likely issued for your arrest. If you do not have a lawyer, you will need to go to the police station to turn yourself in. The police will then decide whether to re-release you, and on what conditions. You will be charged with the criminal offence of failing to appear. Sometimes hiring a ...
I Was Told I Have To Go For Fingerprints. What Happens If I Do Not Go?
When you are arrested and released, you will typically receive documents that direct you to attend a police station for fingerprints, as well as documents that direct you to attend court on a particular date, place, and time. You must comply with all of the directions in these documents. Specifically, if you have received documents that indicate that you have to go to court, you ...
