What Is A Judicial Pre-Trial In Ontario?

In Ontario law, any criminal proceedings may have a judicial pre-trial – also known as a pre-trial conference – before the actual trial takes place. This conference is held between the accused party’s legal counsel, a Crown Attorney assigned to the file and a judge.

In the event that the accused party doesn’t have legal representation at the scheduled time of this conference, they will be allowed to attend themselves and then it will be a “Self Represented Judicial Pre-trial”. 

A Crown Pre-Trial

A crown pre-trial refers to a pre-trial conference between the legal representative of the accused and the head prosecutor for the case. It is a private conversation in which terms relevant to the case should be discussed such as potential resolution positions or if this matter is going to trial. These meetings also help both parties to outline the approximate length of the case and any weaknesses either side has. 

A Judicial Pre-Trial

In the case that both parties agree that some issues of the trial should be discussed with a judge, a judicial pre-trial will occur. This gives both the prosecution and the defence a chance to raise their issues, concerns, or disagreements about the case in front of a judge without the defendant or a jury present.

Similarly to a crown pre-trial, a judicial pre-trial will often include discussions about each side’s case, how long or hefty of a sentence the defendant is looking at, and what resolution the two parties can come to. The main difference is the presence of a judge; these meetings include a neutral third party to keep the peace and to settle some disputes.

It’s important to note that both of these types of pre-trials are driven by a party’s agenda. It’s the prosecutor’s job to see that the accused party faces the proper repercussions for the job, while it’s the defence’s job to ensure that they operate within their client’s best interests. Due to the conflicting goals of the two parties, many crown pre-trials are followed by judicial pre-trials.

How A Criminal Lawyer Can Help

Criminal lawyers are experienced with pre-trials (both crown and judicial) and know how to handle them and conduct themselves within them. By representing yourself, you open yourself up to negotiations with a trained prosecutor in which you’re less likely to be able to defend yourself or make convincing arguments in your favour.

When determining the outcome of a case that could dramatically impact somebody’s life, it’s important to remain calm and unemotional – most people aren’t able to do this when it’s their own life on the line. Criminal lawyers are professionally trained to remain calm and reasonable while still acting in your best interest.

Choosing the right criminal lawyer from amongst an experienced team will allow you to pick the right person to defend your case (often somebody with a history of winning similar cases). Overall, statistics show that you’re far more likely to go without a conviction or have a settlement out of court with a criminal lawyer by your side.

Charged With A Criminal Offence? Call What The Law Today.

Here at What The Law, we are dedicated to helping all clients in Richmond Hill, Toronto and the GTA with their criminal defences. Our goal is to get the best possible outcome for the case of every single one of our clients and to provide quality legal advice and representation to whoever needs it. To find out how we can help you, contact us today.