How do court cases start

The Crown is not required to subpoena or call anybody as a witness on your behalf. It is up to you to subpoena any witnesses you want for your defence so they are obligated to attend the trial. Contact the court office where your case is scheduled to be heard well ahead of time to find out how to apply for a Summons to Witness. You must comply with the criminal rules of the Ontario Court of Justice when making court applications, including Charter applications.

If you do not comply with these criminal rules, you can ask the judge to still allow you to proceed with your application. Once the court sets a trial date, you are expected to proceed with your trial with or without legal representation. Adjournments which are postponements of your court date will be granted only in exceptional circumstances.

Applications for adjournments should be made well ahead of the trial date. If on a scheduled court date you cannot attend or go ahead with your case, you or someone else on your behalf will have to go to the court to explain why, and to ask for an adjournment.

If it is a trial date, and the judge does not adjourn the case, your trial might go ahead and you might be found guilty. If you do not attend court as required, a warrant for your immediate arrest may be issued. You always have the right to plead not guilty and to have a trial. You also have the right to give up your right to have a trial and to plead guilty at any time. Contact the court office to see the Information or to get a copy of it. Essential elements of the offence You can be convicted only if the Crown proves each essential element of the charge s against you beyond a reasonable doubt.

Most of the essential elements of the offence you are charged with should be set out in the Information. Before your trial starts, you may ask the judge to review the essential elements of the charge against you so that you will understand what the Crown must prove.

Presumption of innocence, reasonable doubt and burden of proof Everyone charged with an offence is presumed to be innocent. That is why you cannot be convicted unless the Crown proves each essential element of the charge against you beyond a reasonable doubt.

Time Typically many cases are scheduled to be heard in one courtroom at the same time. You and your witnesses must arrive at the courtroom on time and be ready to start your trial right away. However, be prepared to wait in the likely event that other cases start before yours. The trial judge will know nothing about the case at the start of your trial. The trial judge is required to ensure that you receive a fair trial. He or she should review the trial procedures with you, and you can ask for directions.

The trial judge, however, is not allowed to give you legal advice. Advising the trial judge of any problems You should tell the trial judge at the start of your case about any problems regarding your case, for example, the form of Information, a breach of your Charter rights, or a witness who could not come to court that day. If you elect to be tried by a provincial court judge, you may be tried that same day by the judge before whom you made your election.

If you elect to be tried by a superior court judge alone or with a jury , or if you make no election, you will be entitled to have a preliminary hearing before a provincial court judge if you request one. The provincial court judge will order you to stand trial in front of a superior court judge alone or with a jury at a later date if there is sufficient evidence that you committed the offence with which you are charged. Plea You may plead guilty or not guilty.

If you plead not guilty or if you refuse to plead , your trial will go ahead. If you plead guilty, the judge may accept your guilty plea only if he or she is satisfied that:. You are making the plea voluntarily. You understand that the plea is an admission of all the essential elements of the offence.

You understand the nature and consequences of the plea. You understand that the judge is not bound by any agreement you made with the Crown, including what sentence should be imposed. If the judge is not satisfied about any of the above issues, he or she may decide not to accept your guilty plea and may proceed with the trial that day if it is a trial date, or you might have to return to court on another day for your trial.

Giving notice to the other party What is a summons or a notice of petition? What is service of process and how do I accomplish it? Gathering evidence Should I gather evidence before filing my court case? What kind of evidence should I have for my case? Should I contact potential witnesses before the hearing? How can I prepare myself to testify? In this section, you will learn mostly about how the criminal process works in the federal system. Each state has its own court system and set of rules for handling criminal cases.

Here are a few examples of differences between the state and federal criminal processes:. The federal rules for criminal cases can be found in the Federal Rules of Criminal Procedure, which govern all aspects of criminal trials. Each state has its own similar rules. The steps you will find here are not exhaustive. Some cases will be much simpler, and others will include many more steps.