Introduction
Introduction ShelleyJohnstoneWho is this resource for?
This resource can help you if:
- you’re an adult facing a criminal charge,
- you’ve been denied legal aid,
- the Crown prosecutor isn’t asking for a jail sentence (if you’re found guilty),
- you can’t afford to pay for a lawyer, and
- you decide to represent yourself in court.
Remember: A conviction on any criminal charge will lead to a criminal record. If you have a criminal record, it can limit the kinds of jobs you can get and where you can travel to.
What you’re charged with is called an offence. A conviction on any criminal charge is a serious matter. If you’re found guilty, you’ll end up with a criminal record, have to pay a fine, or go to jail. Also, some offences carry mandatory minimum sentences. If you’re convicted of one of these offences, the judge can’t give you a lighter sentence.
A criminal conviction can also affect your job, your ability to travel, and your ability to support yourself and your family. If you’re found guilty of certain offences, you can have your fishing, hunting, or driver’s licence taken away for months or years — or even for the rest of your life.
Before deciding to plead guilty, think over what you did — and what you’re charged with. Are they the same? Can you explain why the offence happened? Don’t plead guilty just because you want to get things over with. Plead guilty only if you’re sure that you want to say, “Yes, I did it, and I intended to do it.” Plead guilty only after you’ve spoken to a lawyer and confirmed that you don’t have defences against the charge.
If you find yourself saying, “Yes, I did it … but,” get some legal advice. If you can’t afford a lawyer, you can ask to talk to duty counsel at the courthouse where you’re charged. Duty counsel are lawyers who provide free summary legal help to in- and out-of-custody accused people in Provincial Court. See Where can I get legal help? for more information about free advice.
Who is this resource not for?
This resource can’t help you if you’ve been:
- charged with a serious offence (which means the Crown prosecutor is asking for a jail sentence if you’re found guilty), and
- denied legal aid because of your income level.
Get legal help. You can get some free legal advice even if you’ve been denied legal aid. See Where can I get legal help?
Where can I get legal help?
Where can I get legal help?It’s a good idea to talk to a lawyer before you decide how you’ll plead (guilty or not guilty), or whether you’ll choose to explore other options. A lawyer can explain any options and help you understand your legal documents.
Even if you’ve been denied legal aid, you can get some free legal advice. The following help may be available to you.
- Duty counsel: If you don’t have your own lawyer, see when duty counsel will be at the courthouse where you’re charged. Duty counsel are lawyers who can give you free brief advice before your trial. When available, they can give you advice about the charges against you, court procedures, and your legal rights. They can’t give advice on how to run your trial or help you at your trial. They can speak on your behalf the first time you appear in court, but can’t act as your permanent lawyer. Usually, they’ll be available on your scheduled court dates.
- Call Legal Aid BC at 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (elsewhere in BC), or your local courthouse to find out when duty counsel will be there. (See the Provincial Court of BC website for links to courthouse locations.)
- Lawyer Referral Service: You can get the name of a local lawyer to talk to for half an hour for free, to briefly describe your issue and find out whether they can help you. You can find out what they’d charge if you need more help and decide whether you want to hire them. Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (elsewhere in BC).
- Access Pro Bono clinics: You can also get brief legal help from pro bono (free) clinics. Call 604-878-7400 (Greater Vancouver) or 1-877-762-6664 (elsewhere in BC).
- BC First Nations Justice Council: If you’re Indigenous, you can access legal services, including justice centres and a Gladue program. Call 1-877-602-4858.
- Native Courtworker and Counselling Association of BC (NCCABC): If you’re Indigenous, NCCABC may be able to help you get legal information and a lawyer. Call 604-985-5355 (Greater Vancouver) or 1-877-811-1190 (elsewhere in BC).
- UBC Indigenous Community Legal Clinic: If you’re Indigenous and can’t afford a lawyer, you can get free legal help. Call 604-822-5421 (Greater Vancouver).
- Law Centre: If you live in Victoria, the Law Centre may be able to help you. For information, call 250-385-1221.
- Law Students’ Legal Advice Program (LSLAP): If you live in Greater Vancouver, you may be able to get help from LSLAP. You can get legal advice or assistance from LSLAP if you’re charged with a summary offence and the Crown prosecutor isn’t asking for a jail sentence if you’re found guilty. Call 604-822-5791 to find the location of the nearest LSLAP clinic.
- TRU Community Legal Clinic, Kamloops: If you live in Kamloops, you can get free legal help and advice in a range of areas if you can’t afford a lawyer. Call 778-471-8490.
- Private practice lawyer: You can contact a lawyer in private practice for specific advice on how to handle your own case. Find out if the lawyer is willing to help and what it’ll cost. One or two meetings with a private lawyer may cost less than hiring a lawyer to run your entire trial.
What this resource is about
What this resource is aboutThis resource tells you what will happen before your trial and what will happen at your trial.
Before your trial explains:
- how to get the information that you’ll need for your trial,
- who the people in the courtroom are and what they do, and
- the court procedures that will take place before your trial (your first appearance and arraignment hearing).
See Checklist: Before your trial to make sure that you’re ready for trial. See Appendix 1 for a chart to help you understand the court procedures that will take place before your trial.
At your trial explains:
- the seven steps in every criminal trial, and
- what you need to do during your trial.
See Checklist: At your trial to make sure that you do everything you need to do at your trial. Also use this checklist to see whether the prosecutor has proven all the necessary parts of the charge against you.
See Appendix 2 for a chart to help you understand the steps that will happen during your trial.
What other information will I need?
What other information will I need?Take the time and make the effort to get as much information as you can so that you’ll be able to represent yourself in the best way possible. For more information about the law, you can go to the library or look online. The website clicklaw.bc.ca is a great place to start. This website connects you to information on legal topics, including criminal law. It also has toll-free numbers for legal help.
You can also see the Defending Yourself series on what to do if you’re charged with one of the following:
- Assault
- Breach of a court order
- Mischief
- Possession of an illegal drug
- Possession of property under $5,000 obtained by crime
- Theft under $5,000
Note: At any time, a legal advocate can help you. Find a local organization using Clicklaw’s HelpMap.
Your language rights
Your language rightsAt any stage, you can ask for an interpreter to assist you in any language, including American Sign Language.
You can also ask to have your trial conducted in French and ask for the important documents related to your case to be translated into French. Make your request as early as possible, preferably at your first appearance. (See First [or “initial”] appearance for more information on what happens at your first appearance.)
Your court information
Your court informationCourt Services Online is an online court registry for all BC Provincial Courts. You can look up your charge(s), court dates, and related information. Start by selecting Search Traffic/Criminal and click Participant Name.