First court date jitters, part two

July 20, 2014 Michael Dyck

Okay, so you know the basic rules about for attending a first court date, but what actually happens when you get there? Do you have to enter your plea of guilty or not guilty right away? Most of my clients have no clue about what actually happens at a first court date, but this blog should give you a lay of the land.

The first thing the magistrate or the judge will ask you is whether or not you would like a lawyer. If you have hired a lawyer already, the lawyer should be attending the court date with you or sending a student to address the court. Sometimes, lawyers email the Crown attorney or the Crown attorney's assistant so that they know what the plan is for the first court date. If you haven't hired a lawyer already, the court will gladly give you time to do that. If you need to apply for legal aid, you can apply with legal aid directly or you can visit the lawyer who you want to assist you. Most lawyers can complete a legal aid application with you at their office. I know that I do this all the time.

The court will want to know if you want to proceed in either English or in French. Pick the language you feel most comfortable with because ALL of the legal proceedings must be done in the language selected. If you require an interpreter, you can request one as well but the court wants to know if the proceedings should be in English or French.

The Crown attorney or the Crown attorney's assistant will likely have disclosure to provide to you. Usually, it is a stack of 20-30 pages of materials. Disclosure is all the evidence the Crown attorney intends to rely upon to prove the case against you. Disclosure can include police narratives, police notes, written or video statements from complainants and witnesses, DVD video surveillance, forensic evidence like fingerprints or DNA, medical reports, expert reports, and the list goes on. You typically only received one copy of the disclosure, so it is important you keep it safe because your lawyer will want to review it with you at your first meeting.

Finally, the charges will be remanded to a new court date. What that means is, you will return to court in a few weeks to provide some updates.

If you would like to, you are able to enter a guilty plea and be sentenced on your first court date. However, it is recommended that you take the time to seek some legal advice before you make any decision. I would never recommend entering a guilty plea on your first court date.

The court will typically give you 2 to 3 months to complete the legal aid application process or to properly retain a lawyer. At a certain point, the court may mark your matter quote "for plea." If that happens, then you must confirm a date for a guilty plea and sentencing or a date for a hearing, such as a trial or preliminary hearing.

I hope this has been helpful to describe how a first court appearance works in Manitoba when you've been charged with a criminal offence.

About the author

Michael Dyck is a criminal lawyer at Tom Rees and Company. He represents clients from Winnipeg, Steinbach, and rural Manitoba. He has extensive experience helping people charged with criminal offences and focuses on building legal strategy with clients. To read more of his articles, please visit TomRees.ca.

First court date jitters

July 10, 2014 Michael Dyck

One of the best parts about being a criminal defence lawyer is when I cross the border into the United States for a shopping weekend. Border officials typically ask, "Have you ever been to court?" I reply, "Pretty much daily... I'm a criminal defence lawyer." The look on their face is usually a combination of annoyance and frustration. I sit there grinning from ear to ear.

Most people don't go to court regularly and have no idea how it works, what to say, or what to wear. So, here are a few tips for a first court appearance in Manitoba:

Do not chew gum. A clerk, a magistrate, or a judge will likely tell you to spit it out and then wait for you to follow orders. In any event, chewing gum usually makes you look less sophisticated so just avoid it when heading to court.
Do not use your cell phone. Turn it on to vibrate or off. I guarantee you'll get a few glares if your Rhianna ringtone starts blaring in the middle of court. You can't text while you're in a courtroom either and definitely do not answer a call. Lawyers are allowed text and email in court, so if you're really anxious to use your phone in court, just do 3 years of law school and you're good.
Arrive a little bit early. Parking can sometimes be rough in downtown Winnipeg or there can be lineups to get past security. Plan to be there 10-15 minutes early. If you miss your court appearance, you could get an additional criminal charge and a warrant for your arrest.
Wear appropriate clothing. You do not need to come to your first court date in a suit and tie, that can be a bit over the top but everyone is judged on how they look. Do not wear clothes that have obscene words or images on it, so you can leave your "I heart weed" shirt at home. Women should not wear revealing clothing, court isn't a night club or a place to find your next boyfriend. I recommend plain shirts or hoodies. A pair of jeans with a button down shirt is also a good pick. At a trial or a sentencing hearing, more formal clothing is recommended.
Take off your hat in court. Nothing on your head when you're in court including hats or sunglasses. The court may grant exceptions for religious headwear.
No food or drinks in court. Guzzle down that Timmies before you get to court. Drinks are a big no no and you'd be crazy to think you could get away with eating in court.
No weapons or drugs. Pretty simple really, you go through security at the courthouse so don't bring illegal items to court with you. You really shouldn't have these things at all... but definitely do not bring them to court.

What will actually happen at my first court date? Great question, but I'll save that for the next post.

About the author

Let's get cracking

July 10, 2014 Michael Dyck

The Canadian justice system or criminal law is something most people never have to think about, and for good reason. Unless you went to law school or have been charged with a crime, you don't really need to know how it works. I don't know how my car works but I know that when something is wrong that can't be fixed by filling the tank with more gas, it is time to call up a pro.

My goal is to create regular posts about different aspects of the justice system in Canada including stories in the news that can help average people understand how this whole thing works. I am going to use a more casual style of writing and avoid legalese (fancy lawyer words or phrases in latin such as "ex parte") as much as possible. I will also focus on some basic tips and tricks for people who have been charged with a crime. The best tip is no secret - get some legal advice.

I am going to invite all readers to comment on these posts. If you have a specific question or topic you want me to address, let me know. But please don't ask me what you should do in your case, because I'm not going to provide legal advice in a blog. Instead, email me directly and we can set up a meeting.