Law Blog

Preparing for your First Court Appearance

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When an individual is charged with a criminal offence, they were either; released at the police station on a Promise to Appear, held for a bail hearing and then successfully released, or in very serious circumstances, denied bail and remain in detention. If you remain in detention, you will be brought to court in person or by way of video from the detention center you are being held at. If you were released at the station or made bail, you are required to appear in person at your first court date. Your attendance is mandatory and failing to attend your first court date, may result in a discretionary bench warrant against you or a charge of Failing to Appear.

What Happens Before You Go to Court

Prior to your first court appearance, you will have a date where you are asked to attend court to have your fingerprints taken. This is also a date where your attendance is mandatory. Failing to attend your finger print date may result in a discretionary bench warrant or a charge of Failing to Appear against you. It is best to show up early that date and be prepared to spend at least an hour or more at the court for your turn. Individuals will be called in one by one to take their finger prints. This is an important court date that you cannot miss but this is not considered your “first court appearance”. You will not receive any disclosure (evidence that has been compiled against you) on that day nor will you have an opportunity to discuss with Duty Counsel about the specifics of your case. This is just an administrative day where your fingerprints will be recorded.

What to Expect on the Day of Your First Court Appearance

On your first court date as mentioned, your attendance is mandatory and required by law. If you have retained a lawyer prior to your first court date, your lawyer can agree to appear on your behalf and you will not be required to appear. If you have not retained a lawyer, be prepared to spend several hours up to a whole day in court waiting for your turn. It is recommended to show up early and make sure you do not have any other obligations or commitments that day. Depending on the court house, we have seen some first appearances last anywhere from 1-2 hours up to taking a full 9-5pm day in court. Keep in mind there will be security at the front of the court house where you will have to go through metal detectors prior to entering the court. Make sure you do not have any weapons or sharp objects on you that day.

First appearances are organized by room and by time or “docket”. On your Promise to Appear or Recognize of Bail (depending on how you were released), it’ll indicate what time and what room your attendance is required in. Prior to the room opening, there will be a package of paper usually near the door of the court room. This is called the “docket”. Under your docket time, you will find your name and the charges that have been laid against you. Checking the docket outside the court room and finding your name will ensure you know you are in the right place.

How to be Prepared While Waiting in Court

After you know you are in the right room, you must be patient and wait until your name is called. Once again, this could be a very lengthy process. You will be asked to make sure your phone is on silent and there is no eating or drinking in the court room. Come dressed appropriately and keep in mind you will be asked to take off any hats or non-religious head coverings. There is no talking allowed in court. If you have not retained a lawyer and are representing yourself that day, Duty Counsel will assist you (lawyers that are provided by the court for those who are unrepresented). You will most likely receive your Initial Disclosure on your first appearance, which is usually the first round of evidence that has been compiled against you. It is not uncommon for disclosure to not be available on your first court date and the court will then advise when the disclosure is anticipated to become available.

What to Say in Your First Appearance in Court

At your first court appearance, please remember this is not an opportunity to “tell your side of the story” or speak to the Crown Attorney or advocate on your behalf in anyway. This is a common misunderstanding. The first court appearance is not “your trial”. The first court date is simply administrative and is just a time to pick up your initial disclosure. When your name is called, go up to the front of the room and stand before the court. You will be asked to state your name and sometimes your date of birth for the record. You will then be given a copy of your initial disclosure by the Crown. The Judge or Justice of the Peace will then suggest adjourning your matter by a few weeks in order to have time to review your disclosure, or to give you time to seek legal representation before the next appearance.

What Happens During Your First Court Appearance

Your initial disclosure usually consists of a synopsis of the charges as well as the Crown’s initial screening position (Crown’s initial resolution deal offered to you from the start). Other disclosure that is outstanding may be audio recordings such as 911 Calls, photographs, video statements, police camera footage, and any other evidence that may apply to your case. Your lawyer or Duty Counsel, will then adjourn your matter by a few weeks in order to have time to review disclosure.

If you have not retained a lawyer on your first appearance, upon receiving your initial disclosure in court it is strongly suggested to seek legal representation. You would want someone advocating on your behalf and making sure you receive the best resolution possible. You would also want to hire a criminal lawyer because they know how to organize and read disclosure and see what is missing and what are possible defences in your case. Criminal defence lawyers strive to make sure you get the justice you deserve and will fight tirelessly for your rights.

Have a Criminal Defence Lawyer Support You in Court

At What The Law, we have a group of experienced lawyers who try to make this process as smooth and convenient as possible. We offer free initial consultations with disclosure review, flat rate fees with no hidden costs, flexible payment plans are available and we accept legal aid certificates as well. We operate on having complete transparency the minute you walk into our door. We understand the criminal justice system can certainly be overwhelming and stressful. Do not go to your first appearance by yourself if you do not have to. Contact What The Law today to talk to one of our experienced criminal defence lawyers.

647-295-6499info@whatthelaw.com