Azam Murji
The Crown must prove its case. Each stage is a chance to test it.
- 01
Arrest and bail
Police either release the accused with a court date or hold them for a bail hearing. Anyone arrested can call a lawyer or free duty counsel. At the hearing, the Crown usually has to justify keeping the accused in custody. For some charges, the accused must justify release instead. Breaking a release condition can lead to a new charge.
- 02
First court date
The first appearance is usually short. The Crown often hands over disclosure at or after it. On most charges, counsel can appear for the accused. A missed appearance can lead to a warrant and a separate charge.
- 03
Disclosure
The Crown must hand over the relevant evidence, including what helps the accused and what it will not use, with narrow exceptions. The duty is ongoing. Counsel reviews it for weaknesses before taking any position on the charge.
- 04
Crown pre-trial
Counsel and the Crown discuss the case, whether it can resolve without a trial, and which issues are in dispute. A pre-trial before a judge follows and usually sets the trial date. Any Crown offer goes to the client before counsel replies.
- 05
Trial or resolution
On most serious (indictable) charges, the accused chooses the court and whether there is a jury. Some cases resolve without a trial. At trial, the Crown must prove guilt beyond a reasonable doubt. The accused does not have to testify.
- 06
Sentencing and appeal
After a finding of guilt, a sentencing hearing follows. The court may order a pre-sentence report, and victims may file statements. Soon after, the accused decides whether to appeal the conviction or the sentence.
Two deadlines
24 hours
Police must bring anyone they hold before a justice (a justice of the peace or a judge) within 24 hours, or as soon as possible if none is available.
30 days
The notice of appeal is normally due within 30 days of sentencing. The appeal court can extend that time on a motion, but does not have to.
Judge, jury, or no trial at all
- The court
Where the accused has a choice, the options are a judge of the Ontario Court of Justice, a judge of the Superior Court of Justice, or a judge and jury.
- Resolution without a trial
A charge can end without a trial through a withdrawal after a diversion program, a plea to a lesser charge, or a peace bond. Each requires the Crown to agree.
- Appeal
A summary conviction matter is appealed to the Superior Court of Justice, and an indictable matter to the Court of Appeal for Ontario. A conviction appeal argues a legal error, an unreasonable verdict, or a miscarriage of justice. A sentence appeal argues an error in principle or a sentence that is unfit.
Court date coming up? Call Azam Murji.
In the initial consultation, Azam Murji goes through the charge, the next court date, the likely court process and the options available. Consultations are confidential and carry no obligation to hire Mr. Murji.
Calls and texts go to Mr. Murji himself. The initial consultation is free.