A criminal trial is a stressful and daunting experience, especially if you are unfamiliar with the legal process. This blog will walk you through the complex proceedings, looking at the essential stages of a criminal trial, from the preliminary hearing to the final verdict and explain what you can expect at each step. We will also cover important components such as plea bargaining, evidence presentation, jury deliberation, and appeals. Understanding these stages will help you prepare for what lies ahead.
Plea Bargaining
Plea bargaining is an integral part of many criminal cases in Canada. In this process, the prosecution and defence may negotiate an agreement where the accused pleads guilty to a lesser charge or receives a reduced sentence in exchange for avoiding a full trial. While plea bargaining can offer advantages like reduced penalties and quicker resolution, it’s essential to fully understand the consequences of accepting a plea deal.
Your criminal defence lawyer plays a critical role in this stage by advising on whether a plea bargain is in your best interest. An experienced criminal lawyer can negotiate more favourable terms and help you evaluate all possible outcomes before making a decision.
The Preliminary Hearing
The preliminary hearing is the first major step, especially if you are facing a more severe charge. During this stage, the court assesses whether there is enough evidence for the case to proceed to trial. It is important to note that this is not the trial itself but rather a screening process to ensure the charges are not frivolous or not supported by concrete evidence.
At the preliminary hearing, the Crown prosecutor will present his or her case, and the defence can challenge the evidence presented. Having legal representation at this stage is critical to ensure the accused’s rights are protected. This stage is crucial as it can lead to a dismissal of charges if the presented evidence is ruled insufficient. A skilled criminal defence lawyer can significantly determine if and how the case moves forward.
The Trial
Pre-Trial Motions
Before the trial begins, both sides may file pre-trial motions. These motions can significantly impact the trial’s direction. Common motions include motions to dismiss charges, exclude certain pieces of evidence, or request additional information through discovery. Each motion is designed to address potential issues that could affect the fairness or legality of the trial.
For example, a motion to exclude evidence may argue that specific evidence was obtained improperly, such as going against your constitutional rights in the Canadian Charter of Rights and Freedoms. It, therefore, should not be used during the trial. These motions are strategic tools that can shape the case before it even reaches the courtroom.
Opening Statements: Setting the Stage
At the beginning of a criminal trial, both the defence and Crown prosecution will deliver their opening statements. This is where each side outlines the narrative of their case to the jury. Opening statements are not arguments; they provide an overview of what each party intends to prove during the trial.
The Crown prosecutor typically begins as he or she carries the burden of proving the defendant’s guilt beyond a reasonable doubt. The defence follows, offering their perspective and often highlighting potential weaknesses in the prosecution’s case. The judge oversees this process, ensuring that both sides adhere to the rules of the courtroom.
Evidence Presentation and Cross-Examination
Types of Evidence Presented
The heart of any criminal trial lies in the evidence. There are different types of evidence that may be presented in this stage, which can include physical evidence, such as documents or objects; forensic evidence, like DNA or fingerprints; and witness testimony. Each piece of evidence plays a role in building the case, either from the prosecution’s or defence’s side.
Witnesses can include experts, law enforcement officers, and individuals involved in the incident. The prosecution must carefully select and present its evidence, while the defence works to challenge its validity or present evidence showing the accused’s innocence.
The Role of Cross-Examination
Cross-examination is a critical part of the trial process. After a witness testifies for one side, the opposing side has the opportunity to question them. The goal of cross-examination is to test the credibility of the witness and the strength of their statements. Both the defence and prosecution can use this tool to find inconsistencies, clarify details, or gather additional insights that could influence the judge’s or jury’s perception.
Cross-examination is often where each side’s strategy becomes apparent, as a skilled criminal defence lawyer uses questioning techniques to weaken the other side’s case.
Closing Arguments: Summarizing the Case
After all the evidence has been presented, both sides deliver closing arguments. This is their final opportunity to address the judge or jury before deliberation. In closing arguments, the prosecution and defence summarize the evidence, highlight key points, and attempt to persuade the jury to rule in their favour.
While closing arguments are not evidence, they are essential in framing the narrative one last time. The goal is to reinforce each side’s interpretation of the facts and convince the judge or jury of their conclusion.
Jury Deliberation and Verdict
How the Jury Deliberates
Once the closing arguments are complete, the jury begins deliberation. This process occurs behind closed doors, and the jury is tasked with reviewing the evidence and reaching a unanimous decision. Deliberation can last anywhere from a few hours to several days, depending on the complexity of the case and whether the opinions within the jury diverge.
Jury members must carefully weigh the facts, testimony, and evidence presented during the trial. In Canada, a jury must reach a unanimous decision on criminal cases.
Types of Verdicts and Their Implications
The jury can return one of three possible verdicts: guilty, not guilty, or, in some instances, no verdict will be reached (commonly referred to as a “hung jury”). A guilty verdict means the accused has been found responsible for the crime, and the case will proceed to sentencing. A not-guilty verdict results in the acquittal of the accused, meaning they are free to go. A hung jury occurs when the jury cannot reach a unanimous decision, which may lead to a retrial.
Sentencing: Understanding the Consequences
If the accused is found guilty, the case moves into the sentencing phase. During sentencing, the judge determines the appropriate penalty based on the crime’s severity, mitigating factors, and any relevant laws. Possible sentences include imprisonment, probation, or fines.
During this phase, the judge will consider both the prosecution’s and defence’s recommendations. Sentencing guidelines, the circumstances of the case, and the defendant’s background all influence the outcome.
Appeals Process: Seeking a Different Outcome
Even after a trial concludes, the legal process may not be over. If the accused or the defence lawyer believes that legal errors were made during the trial, they may file a criminal appeal. The Court of Appeal for Ontario reviews the original trial’s procedures and decisions to determine if mistakes were made that could have impacted the verdict.
Appeals are not new trials but rather a review of the existing record. The appellate court has the power to overturn the verdict, order a new trial, or uphold the original decision.
The Importance of Legal Representation
The importance of having experienced legal representation cannot be overstated throughout each stage of a criminal trial. From a robust defence strategy to negotiating plea deals, navigating complex legal procedures, and presenting evidence, a skilled criminal trial lawyer can advocate for your rights and ensure you receive a fair trial.
Understanding the complexities of Canadian criminal law requires both experience and expertise. A qualified criminal defence lawyer can help you prepare for each stage of the trial process and offer guidance on the best course of action.
Why Choose Federowicz Law for Your Criminal Trial
Federowicz Law has extensive experience handling criminal trials in Canada, offering knowledgeable and thorough representation to clients facing serious charges. Richard is committed to guiding you through every trial phase, from preliminary hearings to appeals, ensuring your rights are protected and you receive the best possible defence.
Have you or someone you know been charged with a crime? Contact Fedorowicz Law for legal advice. Richard Fedorowicz has over 20 years of experience in criminal defence and a proven track record of success. He will fully assess any elements of a criminal case that could help the most effective defence for each of his Greater Toronto Area clients.
Call Fedorowicz Law today at 249-266-4222 or fill out our convenient online form to learn how we can help you with your criminal defence in Toronto!