The criminal lawyer and the judicial process
1) When a complaint is filed with the police, an investigation is opened and evidence is collected. Following this inquiry, if you are suspected of having committed the alleged crime, the officer has several choices. First, he may decide, following your arrest, to release you and give you a promise to appear, a summons or a recognizance.
3) The assistance of a criminal lawyer and the appearance :It is at this stage, during your first appearance in court, that the prosecution discloses the evidence regarding the charges against you. During the appearance, your presence is not required since our lawyers will represent you.
2) On this document you will find the date and place where you will have to face the charges against you. The officer may also choose to send you a summons, a document on which you will find the same information. It is important to know that the officer may also decide, following your arrest, to keep you detained until your appearance in court. A judge may then hold a bail hearing to determine whether you should be released pending your trial.
4) Generally, a plea of not guilty (or a postponement of the choice) will be entered, which will allow our lawyers to meet with you and examine all the evidence disclosed by the prosecution. It is therefore following the appearance that we will arrange a meeting. After hearing your version of the facts and studying the evidence disclosed by the prosecution, we will examine the applicable law and provide you with a legal opinion.
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5) The direction of the file will then be determined: there will either be the entering of a guilty plea along with the negotiating of a sentence or there will be a trial, after which the judge will deliver his verdict. Each stage of the judicial process will be explained in greater detail by our lawyers during your meeting. For further information, please visit www.justice.gouv.qc.ca. You will find a chart illustrating the steps of the judicial process and more comprehensive explanations.