If a person is found guilty in a civil case the person will be expected to
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This Guide provides accused persons with general information about criminal trials. This is not a full or complete review of the criminal process. It does not cover every circumstance that might arise in your case. Think About Getting Legal RepresentationThis Guide does not provide legal advice. It also does not replace the advice or assistance you would get if you have a lawyer or paralegal representing you in court. You are strongly urged to get advice from a lawyer or paralegal about your legal options and the possible penalties you could face. You can get referrals to a lawyer or paralegal as follows: Law Society Referral Service: 1-800-268-8326 toll free or 416-947-3330. The Law Society Referral Service will give you the name of a lawyer or paralegal within or near your community, who will provide a free consultation of up to 30 minutes to help you determine your rights and options. Lawyer and Paralegal Directory: You can search on-line for lawyers and paralegals by name, city or postal code at: http://www2.lsuc.on.ca/LawyerParalegalDirectory/index.jsp. You can also look for a lawyer or paralegal on the Internet or in the telephone directory. You may be eligible for legal aid if there is a likelihood of jail if you are convicted. For more information, contact Legal Aid Ontario at 1-800-668-8258 toll free or at 416-979-1446. You may be able to get free legal advice or representation at your local community legal aid clinic, or from law students at a university-based student legal aid services society (SLASS). Each clinic and SLASS has its own guidelines and financial eligibility for accepting clients, so you should contact them directly. For a list of community or SLASS clinics near you, visit: http://www.legalaid.on.ca/en/contact/ or call Legal Aid Ontario at 1-800-668-8258 toll free or at 416-979-1446. Before Your Trial DateAccessibility accommodation for persons with disabilities Disclosure Interpreter French trial Summons to Witness (also known as a “subpoena”) Charter notice If you want to argue that the law under which you have been charged is unconstitutional, you must provide a written Notice of Application and constitutional issue to the local Crown Attorney’s office that is prosecuting the case, as well as to the Attorney General of Canada and the Attorney General of Ontario at least 15 days before your trial date. The addresses and fax numbers for the Attorney General of Ontario and the Attorney General of Canada are: The Attorney General of Ontario The Attorney General of Canada OR What Should I Do If I Can’t Attend Court On A Scheduled Date?Once the court sets a trial date, you are expected to proceed with your trial with or without legal representation. Adjournments (which are postponements of your court date) will be granted only in exceptional circumstances. Applications for adjournments should be made well ahead of the trial date. If on a scheduled court date you cannot attend or go ahead with your case, you or someone else on your behalf will have to go to the court to explain why, and to ask for an adjournment. If it is a trial date, and the judge does not adjourn the case, your trial might go ahead and you might be found guilty. If you do not attend court as required, a warrant for your immediate arrest may be issued. You may also be charged with the criminal offence of “failing to appear” in court. What Should I Do If I Decide I Want To Plead Guilty After My Trial Date Is Set?You always have the right to plead not guilty and to have a trial. You also have the right to give up your right to have a trial and to plead guilty at any time. If you have a trial date and decide ahead of time that you want to plead guilty, notify the Crown Attorney’s Office as soon as possible. Overview of Criminal Charge and Proof IssuesCharge(s) against you Essential
elements of the offence Presumption of innocence, reasonable doubt and burden of proof What To Expect On The Day Of Your TrialTime Typically many cases are scheduled to be heard in one courtroom at the same time. You and your witnesses must arrive at the courtroom on time and be ready to start your trial right away. However, be prepared to wait in the likely event that other cases start before yours. What to bring (i) A pen and paper to take notes during the trial. Role of the trial judge and others in the courtroom i) Trial judge: The trial judge is an independent and impartial judicial officer who will hear your trial and decide if you are not guilty or guilty. The trial judge will know nothing about the case at the start of your trial. You should call the trial judge “Your Honour”, or “Sir” or “Madam”. The trial judge is required to ensure that you receive a fair trial. He or she should review the trial procedures with you, and you can ask for directions. The trial judge, however, is not allowed to give you legal advice. ii) Trial Crown Attorney (also called “the Crown” or “the prosecutor”): The Crown is the person with the authority to prosecute the charges against you. It is the Crown’s responsibility to prove all the essential elements of the offence with which you are charged beyond a reasonable doubt. iii) Court clerk: The court clerk sits in front of the trial judge and assists him or her by: reading the charges out loud and asking you if you plead guilty or not guilty, swearing or affirming witnesses, and taking care of the exhibits during the trial. iv) Court reporter or court monitor: The court reporter or court monitor is responsible for making a record of what is said during the trial, or for monitoring equipment that records everything that is said. Trial OverviewAdvising the
trial judge of any problems Arraignment and election If you are charged with certain offences, you also will be asked if you “elect” (or choose) to have a trial by a provincial court judge, by a superior court judge alone, or by a superior court judge and jury. If you elect to be tried by a provincial court judge, you may be tried that same day by the judge before whom you made your election. If you elect to be tried by a superior court judge (alone or with a jury) , or if you make no election, you will be entitled to have a preliminary hearing before a provincial court judge if you request one. The provincial court judge will order you to stand trial in front of a superior court judge (alone or with a jury) at a later date if there is sufficient evidence that you committed the offence with which you are charged. Plea a. You are making the plea voluntarily. If the judge is not satisfied about any of the above issues, he or she may decide not to accept your guilty plea and may proceed with the trial that day if it is a trial date, or you might have to return to court on another day for your trial. If the judge accepts your guilty plea, and you are found guilty, the judge may either sentence you immediately or adjourn sentencing to another date. (See “Sentencing” below for more information.) Order excluding witnesses Case for the prosecution i) Crown opening statement: The judge might ask the Crown to give an overview of the allegations against you and the evidence to be called. This “opening statement” is not evidence. ii) Examination-in-chief: The Crown calls his or her witnesses first. The Crown will ask his or her witnesses questions in order to bring out evidence that supports the Crown’s case. This is called examination-in-chief. You have the right to object to questions asked by the Crown or evidence given by a witness that you believe are irrelevant or improper. It is generally improper to ask questions that suggest the answers (called “leading questions”) in examination-in-chief. For example, it would be proper to ask a witness “What colour was the car?” It would be improper to ask “Was the car red?” iii) Cross-examination: Generally, you will be allowed to cross-examine each Crown witness after the Crown finishes the examination-in-chief of that witness. When you cross-examine the Crown’s witnesses, you may ask them questions to test the reliability, accuracy or truth of what they have said. You may also ask the Crown’s witnesses questions about things that you think might help your defence. The questions you ask of the witnesses in cross-examination will not be treated as evidence. It is only the answers of the witnesses that are considered evidence. You may use the prior statement of a witness to show inconsistencies between what a witness has said at the trial and what the same witness said at some other time. If you believe an inconsistency exists and that your defence would benefit by bringing the inconsistency to the judge’s attention, you should ask the judge for direction about how to proceed. You are not permitted to argue with witnesses. You are also not permitted at this stage of the trial to make statements about why you should be found not guilty. You are allowed to put your version of the events directly to the witness in cross-examination. Unlike in examination-in-chief, you are also allowed to suggest answers that will assist your case. For example, you may ask “Was the car red?” instead of asking “What colour was the car?” When you suggest facts to a witness, they can agree with all, part or none of your suggestions. If you intend to call defence evidence that is different from what a Crown witness has told the court, you should suggest your version of the facts to that Crown witness during your cross-examination. This gives the witness a chance to agree or disagree with your version of the facts. If you don’t suggest your version of the facts to Crown witnesses, the judge may give less weight to your version or the Crown may be allowed to call the witness again in “reply”. (See below under “Crown reply”.) You are entitled to ask the judge to see the notes of any Crown witness, and to use those notes while cross-examining the witness. For example, you might want to cross-examine a witness about any inconsistencies between his or her notes and what he or she has said in the courtroom. You will be allowed to cross-examine the Crown witnesses about whether they have a criminal record. iv) Re-examination: When you finish your cross-examination of a witness, the Crown might be allowed to re-examine that witness about anything new brought out in your cross-examination. v) Notes of police and other Crown witnesses: The Crown might ask the judge whether a police officer or other witness may use his or her notes to refresh his or her memory while testifying. You are entitled to see the notes, and you may agree that the witness be allowed to use the notes, or you can ask the judge to make a ruling about this issue. If you do not agree that the witness should be allowed to use the notes, the judge will hold a mini-hearing during the trial (called a voir dire) to determine the issue. You will be allowed to ask questions to show the witness should not be allowed to refer to his or her notes by exploring when and how the notes were made, and the witness’s reasons for needing the notes. You will also be allowed to make submissions explaining why the witness should not be permitted to refer to the notes. vi) Statements you might have made to a police officer or other person in authority: Sometimes the Crown will want to introduce evidence of a statement that you are alleged to have made to a police officer or other person in authority. The judge must be satisfied that you made the statement and the Crown must prove beyond a reasonable doubt that you did so voluntarily. These issues will be determined during a mini-hearing during the trial called a “voir dire“. You may ask the trial judge to explain the “voir dire” process to you before it starts. vii) Hearsay: A witness usually is not permitted to give evidence about what someone else said: this is “hearsay”. There are some exceptions to the rule against hearsay. For example, evidence about what someone else said usually is allowed to explain later conduct of a witness or to describe background events. Another, and important, exception is that the Crown can ask witnesses about statements they say you made. You, however, may not ask witnesses what you said unless the Crown has asked them about it first (because doing so is considered self-serving). There are also special rules to follow when the statement was made to a police officer or other person in authority (see above). Close of Crown’s case (i) You may move for a “directed verdict” of acquittal. This means that you are asking the judge to dismiss some or all of the charges at this stage because there is no evidence in relation to at least one of the essential elements of the offence that the Crown must prove. If you move for a directed verdict and the judge rules against you, you will then be allowed to decide whether or not to call a defence. If the judge rules for you, you will be acquitted. (ii) You may decide not to call evidence in defence and not to testify in your own defence. If you choose not to testify and not to call any witnesses, the judge will decide the case based only on the evidence presented during the Crown’s case. At this point, you will be convicted only if the judge finds that every essential element of the offence has been proven beyond a reasonable doubt. (iii) You may decide to call evidence in defence. Calling a defence Crown reply (also known as “rebuttal”) Closing submissions Judgment Sentencing Before you are sentenced, the judge will hold a sentence hearing at which you and the Crown will have the opportunity to tell the judge what you think the appropriate sentence should be and why. You are entitled to call evidence and make submissions at your sentencing hearing. A judge must take into account the circumstances of aboriginal offenders when considering the appropriate sentence. The judge may order a Pre-Sentence Report before passing sentence. These reports usually take about six weeks to complete and your sentencing may be delayed for this time. The Crown may also file a Victim Impact Statement at your sentencing. AppealsYou have the right to appeal a conviction or sentence or both within the time fixed by law. Further informationYou can obtain more information about criminal trials on the Ministry of the Attorney General’s website at: https://www.attorneygeneral.jus.gov.on.ca/english/justice-ont/criminal_law.php. Spring 2012 What happens when you are charged in court?You will be formally charged and will have to choose whether to either plead guilty to the charges or claim trial. In some cases, the judge may order you to be placed in remand. Pleading guilty means you admit fully to the charges against you.
What is a civil case in the Philippines?A civil case usually begins when one person or business (the "plaintiff") claims to have been harmed by the actions of another person or business (the "defendant") and asks the court for relief by filing a "complaint" and starting a court case.
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