What will happen when I go to court?

Your first appearance isn’t a trial — it’s a starting point for dealing with the charge against you.

Your first appearance will usually take place in front of a judicial case manager in an initial appearance room. The Crown prosecutor will also be present. You must tell the judicial case manager what you plan to do about the charge against you:

• You can say you plan to plead not guilty (and whether you plan to represent yourself or get a lawyer);
• You can say you plan to plead guilty (do this only after talking to a lawyer);
• You can say you need more time before you plead to apply for legal aid, speak to a lawyer, or review the disclosure (this is called an adjournment— see What should I do at my first appearance and also Can I ask for more time? below; or
• You can ask for more information (disclosure) from the Crown prosecutor.

The prosecutor may also ask for an adjournment.

1. Go to the room listed on your appearance notice. There may be a line of other people waiting outside the room for their first appearances. Give your name to the sheriff or clerk and wait for your case to be called. In some courthouses, you may be able to go right into the courtroom to wait for your name to be called.
2. When your name is called, go into the room. If you need an interpreter, say so right away. The judicial case manager will ask you if you understand the charge against you and if you’ve talked to Legal Aid BC or plan to get a lawyer. If you aren’t sure what you want to do and want more time to try to get a lawyer or talk to a legal adviser, ask for an adjournment.
3. Ask the prosecutor to give you the disclosure if you don’t have a copy already see What can a lawyer do?). The prosecutor must give you any information that the Crown has relating to your case. If you get the disclosure at your first appearance, check whether the Crown prosecutor is asking for a jail sentence if you’re found guilty or if you plead guilty. This will be on a form called the Crown’s initial sentencing position (see How can I get information about my case?). When you get this piece of paper, ask the judicial case manager to explain anything in it that you don’t understand.
4. If the prosecutor is asking for a jail sentence if you plead guilty or if you’re found guilty, ask for an adjournment so you can re-apply for legal aid. Be sure to tell the legal aid staff that the prosecutor is asking for a jail sentence.
5. The judicial case manager may ask if you intend to plead guilty. You don’t have to make a decision at this stage, and you shouldn’t unless you know the Crown’s position on sentencing and you’ve spoken to a lawyer.
6. If you’re sure you want to plead guilty and deal with sentencing right away, tell the judicial case manager and your case will be transferred to a courtroom that day if a judge is available. If a judge isn’t available, or if you want more time to prepare for sentencing, the judicial case manager will set another court date for you to enter your guilty plea and receive your sentence from the judge. For more information on pleading guilty and sentencing, see What if I want to plead guilty?. Don’t plead guilty before speaking to a lawyer.
7. If you plan to plead not guilty, tell the judicial case manager that you want to set a date for an arraignment hearing, where you’ll plan a date for your trial. (See B: Arraignment hearing.)
8. You might do this in the initial appearance room. Or you might be asked to go to the judicial case manager’s office to find a time when you and the prosecutor are free to come back to court for the arraignment hearing.
9. Tell the judicial case manager if you want your trial to be conducted in French instead of English. They should tell you at your first appearance that you have this option. You should also indicate if you or any witness needs an interpreter for any other language, including American Sign Language.

If you want more time to get legal advice or information, ask the judicial case manager for an adjournment at your first appearance. The judicial case manager can adjourn your hearing to give you time to see Legal Aid BC or talk to a lawyer.

If the judicial case manager orders an adjournment, your next court date could be up to a week or two later. You must come back to court at the date and time set for your next appearance.

You can also ask for an adjournment at a later court appearance, but this may be harder to get. Usually a judicial case manager or judge will only grant you an adjournment at a later stage in the court process if:

• you want to discuss your case with a lawyer, or if you think that you’ll get a lawyer;
• you’ve found out that the prosecutor is asking for a jail sentence if you’re found guilty. If this happens, ask for an adjournment to have Legal Aid BC reconsider your application; or
• you’ve applied for legal aid but haven’t heard back yet, or you’ve been approved for legal aid but haven’t yet spoken to the lawyer.

Ask the prosecutor for a record of the fact that they’re asking for a jail sentence, called an initial sentencing position. Take that information to Legal Aid BC.

Usually you shouldn’t plead guilty before you have a chance to review the Crown’s case against you and have spoken to a lawyer. A guilty plea means that:

• you accept responsibility for the offence you’re charged with,
• you agree with the prosecutor’s summary of the facts of the offence, and
• you understand the consequences of pleading guilty.

Be sure you understand the different penalties you may face. If you have any questions about the charge or the potential penalties, speak to a lawyer.

You can plead guilty although you disagree with the prosecutor’s summary of the facts: for example, you agree you’re guilty of an assault by a push, but the prosecutor says it was a punch. Even though both are an assault, one could mean a stricter sentence. If you plead guilty but say you disagree with the prosecutor, the judge will ask for evidence and decide whose version is right before sentencing you.

Speak to the Crown prosecutor first 

To help you decide on a plea, you can ask the Crown prosecutor what sentence they’ll ask for if you plead guilty. This information will be in the Crown’s initial sentencing position see How can I get information about my case? below.

Sometimes the prosecutor will change the Crown’s position on sentencing if you can give good reasons why you should get a different sentence.

For instance, if you need to look after your family and you have a job, the prosecutor might agree to a sentence that wouldn’t interfere with your work. Or if you’re charged with more than one offence, the prosecutor may agree to drop some of the charges if you plead guilty to other charges.

You can ask about these things by contacting the prosecutor’s office (the Crown counsel office) or by speaking to the Crown prosecutor in person before your next court appearance. You’re allowed to call the Crown counsel office at any time. But speak to a lawyer before speaking to Crown counsel.

Remember, the judge makes the final decision about what sentence you receive, and it may be different from the Crown prosecutor’s recommendation.

Speak to the judge in court

If you’re going to plead guilty, be prepared to speak to sentence. See Speaking to the Judge Before You’re Sentenced to help you with this process.

Here’s what you need to do when you plead guilty:

1. Go to the courtroom you were told to go to.
2. When your case is called, go to the accused’s table.
3. When the judge asks if you’re prepared to plead, say that you’re ready.
4. Plead guilty. (Note: The prosecutor will tell the judge about the facts of the case, and say whether you have a previous history of criminal offences.)
5. Speak to sentence: tell the judge about yourself and what you think the appropriate penalty for the offence should be.

After you’ve pleaded guilty and been given the chance to speak to sentence, the judge will sentence you. You’ll have to go to the registry office and sign a copy of the order.

It’s always possible to change your plea from not guilty to guilty. However, once you plead guilty, you may not be able to change your plea.

If you’ve entered a guilty plea but haven’t been sentenced, you can ask the judge to let you withdraw your guilty plea. However, your request may be refused. After sentencing, the only way to change your guilty plea is through an appeal, and it’ll be hard to do.

Remember: At any point in the court process you can decide to plead guilty or ask for an adjournment. When you first find out that you’ve been charged with an offence, you may also be able to get a stay of proceedings or alternative measures (see Can I avoid going to trial? below).

In some instances, you may be able to get a ​“stay of proceedings.” This means that the judge or the prosecutor stops the case from going ahead.

A stay of proceedings happens only for certain reasons — for instance, if the police somehow violated your Charter rights or the prosecutor decides that prosecution isn’t in the public interest. Talk to a lawyer for more information about getting a stay of proceedings.

Can I avoid getting a criminal record?

Sometimes cases are dealt with through alternative measures. Instead of going to trial, you report to a probation office and follow a program set out for you.

If you follow through with the program, you won’t face criminal penalties or get a criminal conviction because the charges will be withdrawn by the Crown.

You may be eligible for alternative measures if:

• the charge against you is minor (especially if it’s your first offence),
• you take responsibility for your actions and don’t deny your role in the offence,
• you’re aware of your rights and willingly agree to participate in the alternative measures, and
• you don’t want to deal with the charges in court.

If the prosecutor agrees to recommend you for alternative measures and the probation office accepts you, you’ll need to successfully carry out the conditions of an alternative measures contract. This may include community service work or counselling. You must go to all your court appearances until you’re told you no longer have to come back. If you don’t successfully finish your alternative measures program, the prosecutor can restart the case against you.

At the arraignment hearing, some of the things that’ll be discussed are:

• whether the prosecutor is proceeding summarily or by indictment;
• whether the prosecutor has made full disclosure (given you all of the information you need, like witnesses’ statements);
• the number of police, expert, and other witnesses that the prosecutor plans to call if your case goes to trial;
• the time estimate for the prosecutor’s case; and
• whether an interpreter is needed.

Even though you’re representing yourself, try to get some legal help. A lawyer can help you understand what your options are. See Where can I get legal help? for information about getting free legal services.

The arraignment hearing will likely be handled by a judicial case manager. At the hearing, the judicial case manager will ask you how you want to plead. At this point, you have three options. You can:

• plead guilty (before a judge),
• plead not guilty and set a date for your trial, or
• ask for an adjournment.

1. Go to the courtroom listed on the slip you received at your first appearance. Bring paper and a pen or pencil. Tell the sheriff that you’re present. When your name is called and you’re told that your case is next, go to the accused’s table (see Who are the people in court?).
2. The judicial case manager will ask you if you understand the charge. If you don’t understand, ask for an explanation. If you need an interpreter, ask for one now. If you have any other questions, you can ask the judicial case manager.
    The judicial case manager will ask if you have a lawyer or if you plan to get one. The judicial case manager can adjourn the hearing to give you more time to talk to a lawyer.
3. The judicial case manager will ask the prosecutor for information about the case. You may want to make notes about what the prosecutor says. If you have any questions about what the prosecutor says, ask the judicial case manager. For example, if you think the prosecutor hasn’t given you all of the information about the case, you can tell the judicial case manager that you want further disclosure.
4. The judicial case manager will ask you questions about what you plan to do. This may or may not include your plea. You have the right to know the evidence against you before you decide how to respond. If you’re asked for your plea and you’re still not sure what you want to do, ask for an adjournment so you can speak to a lawyer.
5. If you want to plead guilty, a judge may take your plea and deal with sentencing right away. Or the judicial case manager may tell you to come back another day for plea and sentencing in front of a judge. For more information on pleading guilty and sentencing, see What if I want to plead guilty?
6. If you want to plead not guilty (and have your case go to trial), the judicial case manager may ask you some questions, such as whether you plan to call witnesses and how many.
    If you or a witness need an interpreter at the trial, confirm that one will be provided. If you’ve asked to have your trial take place in French, confirm that a French-speaking judge and prosecutor will be assigned.
    This hearing deals only with basic things such as witnesses, interpreters, how long the trial might take, etc. You shouldn’t have to discuss your evidence or the facts of your case.
    The judicial case manager may ask if you’re willing to admit any of the points the prosecutor must prove as part of the Crown’s case. (If you admit one of these points — called admissions — the prosecutor doesn’t need to call evidence to prove it.) It’s best not to admit to anything unless you’ve spoken to a lawyer.
    You have the right to not give any answers that could work against you. Don’t say anything that might later be held against you. If you’re unsure about whether or not to answer a question, ask to speak to a lawyer.
7. If the judicial case manager thinks the case is ready for trial, a trial date will be set. This may be done in court, or you may be told to go to the judicial case manager’s office to get a date when a judge and a prosecutor are available.
    You have the right to have your trial within a reasonable time. When the trial date is given to you, you have to provide a response. You can reply with the statement, ​“Without giving away my right to object to a delay in the future, if that is the earliest date the court has available, I agree.” This statement is especially important if the trial date is a long time in the future. By giving this response, you aren’t agreeing that the trial date is reasonable, in case you want to object later. (Be sure to write down the date.)
    You must return to court for your trial on that day.

Remember: Don’t admit to anything without talking to a lawyer. You have the right to remain silent and the right to consult a lawyer in confidence.

The judicial case manager may decide that it’s necessary to have a pre-trial conference. This is an ​“interim” appearance before a judge before the trial date to confirm that everything is ready for the trial. The date for this type of appearance would be set at the arraignment hearing.

Or, after the arraignment hearing, the prosecutor may be concerned if the trial is delayed or may have concerns about some other issue. The judical case manager may agree that an appearance before a judge is necessary to deal with those concerns. You’ll be contacted and given a date if you have to come back to court for this type of appearance.

There’ll only be a trial if you want to plead not guilty.