The Queens Sentencing Process and What to Expect

The Queen’s Sentencing Process and What to Expect

Being charged with a crime and facing the Queen’s sentencing process can be an incredibly stressful and confusing time. This article provides an overview of what to expect at each stage of the process so you can prepare yourself and understand your rights.

Arrest and Charging

If the police believe you have committed a crime, they have the power to arrest you. At the police station, they will likely take your fingerprints, photograph you, and seize any personal items you have with you. You may also be placed in a holding cell temporarily.

After arrest, the police formally charge you. The charges outline the specific crimes they believe you committed. At this point, you will usually be given police bail, allowing your release until your first court appearance. However, for serious crimes, you may be held in custody.

First Appearance

Your first appearance is your first opportunity to enter a plea before the court. At this hearing:

• The charges against you will be read
• You can enter a plea of guilty, not guilty or reserve your plea
• Your bail status may be reviewed
• A date can be set for further appearances

It’s highly recommended you have a criminal defense lawyer present to advise you at this stage.

Bail Application

If police bail was denied or is unsuitable, your lawyer can make a bail application to the court. They will argue why you should be granted bail under your circumstances.

Bail conditions may include:

• Payment of a security deposit
• Agreement to surrender travel documents
• Curfews
• Reporting to police

Breaching any of the bail conditions can lead to arrest and custody.

Pleas

At any point, you can enter one of three pleas:

1. Guilty – You admit guilt and proceed straight to sentencing
2. Not Guilty – Claims innocence and the case proceeds to a defended hearing or trial
3. No Plea – You reserve your plea for a later date

Your defense lawyer will advise which plea is best aligned with your legal rights and defense case.

Defended Hearings

If pleading not guilty, your case will be set down for a defended hearing or trial. This is your opportunity to argue innocence before a magistrate or judge.

Your lawyer will thoroughly prepare your defense case by:

• Identifying weaknesses in the prosecution case
• Interviewing witnesses
• Gathering evidence to support your innocence claim
• Making submissions arguing why charges should be dismissed

If the defenses raised are unsuccessful, you can change your plea to guilty prior to a final verdict. This may qualify you for a sentencing discount.

Sentencing Submissions

If found or pleading guilty, your lawyer will make sentencing submissions arguing why you deserve leniency. This may involve submitting:

• Character references
• Medical reports
• Psychological assessments
• Details of rehabilitation efforts
• Community work
• Charity involvement

These aim to demonstrate your otherwise good character and why imprisonment may be excessive punishment.

Sentencing

Based on your charges and submissions made in court, the magistrate or judge decides your penalty. Common sentences include:

• Prison time
• Home detention
• Community service
• Good behaviour bonds
• Fines

Your lawyer will advise on the likely sentence range you face under law. They can argue why one penalty should be preferred over others.

Appeals

If you believe the court process or sentencing was unfair or faulty, you can lodge an appeal with a higher court. Your lawyer will identify possible appeal grounds like:

• Errors of fact
• Errors of law
• Unreasonable verdict
• Excessive sentence

Appeals must be filed within strict deadlines so prompt legal advice is essential.

Going through the criminal justice system can be incredibly daunting. Having an experienced Queens criminal defense lawyer to advise you at every stage is strongly recommended. They understand the complex processes involved and will fight tirelessly to protect your rights and achieve the best possible case outcome under the circumstances.

Resources

For more information, check out the following additional resources:

• Criminal Procedure in Canada – Wikipedia
• Guide to Criminal Procedure – Ontario Ministry of the Attorney General
• What Happens when you are Charged with a Crime in Canada – Video