If you have been charged with a crime here are three crucial factors that you need to know about the criminal charges in Windsor. Before you do anything, the most important step is to contact a Windsor criminal defense lawyer to understand your options and legal positon. The three topics to know regarding a criminal charge are as follows: bail, first appearance and the associated steps and criminal prosecution. After being arrested by police you will be required to face a bail hearing.
During the hearing the judge will either choose to hold you in custody until your trial or release you until your trial. In order to be held in custody, the Crown must demonstrate one of the following: holding you in custody will ensure you show up to court dates, will protect the public, or in order to sustain public confidence in administering justice. Despite being released there is often conditions attached to the release such as having someone to supervise you or not being allowed to associate with certain individuals while released nor trespass on certain locations.
Another important element to be aware of is how to prepare for the first appearance in court. If you intend on hiring a Windsor criminal defense lawyer, you should do so as soon as possible. Next, contact the Crown’s office and retrieve the police investigation document (i.e. disclosure), as this file will outline why you were criminally charged and the accompanying evidence. Discuss with your criminal defense lawyer on any other preparation that needs to be completed before the first appearance and also decide how you will plea during the appearance.
For instance, are you pleading guilty or not guilty? If you plead not guilty then a trial date will be set. Be aware that a judge may ask you questions during the first appearance and if you are well prepared to answer them it may help your case. Also, it is absolutely essential that these pre-first appearance steps are completed because the court will not likely provide extra time (tardiness is not appreciated in a court of law). Finally, there are a number of important elements in the criminal prosecution stage that a Windsor criminal defense lawyer can advise you on.
After pleading not guilty, a trial will be set. During the trial the Crown’s job is to convince the judge and/or jury that you are in fact guilty of the crime. This step is done by the Crown first explaining the charges against you while then conducting witness questioning to support your guilt (direct and cross-examination). Essentially, the Crown has to establish that you 1) committed the crime 2) the entirety of the crime did occur (i.e. all the parts of the crime) 3) intent existed while committing the crime.
If the judge and/or jury faces any doubt with the Crown meeting the three guidelines of guilt, then the alleged suspect may not be guilty as a final verdict. However, if all three guidelines are met then it is likely the judge and/or jury will decide a guilty verdict. Overall, it is crucial that you understand the three aforementioned topics if you face a criminal charge. A criminal defense lawyer in Windsor is there to assist you and can provide you with all the above information as well.