In deciding whether to hire a Lawyer or a Law Student, consider:
A trial before the Court is a masterpiece unfolding, where despite the advanced warning of the anticipated storyline, a skillful Lawyer or Law Student will give the Judge assistance in finding the truth. The truth and that storyline might be very different. A law student must know when to object to questions and evidence, must know the applicable laws, Court etiquette and procedures, must know the prosecution case, as well as the defense case, and must think fast on their feet. There is no margin for error. The potential penalties are always severe and involve the risk of jail. Those factors alone should make it obvious that you need an experienced Lawyer or Law Student to represent you.
Don’t take chances with your trial. Contact Lawyers & Law Students Association or an accredited University law student for assistance.
If you have a matter that will eventually go to trial, no matter where it is at, no matter what stage of the proceedings the case is at, we invite you to contact Lawyers & Law Students Association for assistance. Lawyers & Law Students will give you appropriate assistance, disclose their fees, answer your concerns, and above all, work very hard on your case. Preparation for trial can be extremely demanding. There may be witness subpoenas to issue, police officers and witnesses to interview, written statements to go through, photos to take, scenes to visit, multiple discussions with you (which may include jail visits), recorded interviews to listen to, TV footage to watch, DNA materials and reports to review, caselaw decisions from higher Court to analyze, consider to get medical psychological or psychiatric reports, Motion applications to prepare for lack of evidence or Charter of Rights and Freedom breaches and much more.
Lawyers & Law Students trial preparation is meticulous. Lawyers or Law Students are commitment to you, and fight for your rights.
Your Lawyer & Law Student is entitled to receive full and complete disclosure in the prosecutor’s possession or control that is relevant to your charge(s). Disclosure must include; police officer(s) note(s), video tapes, electronic recordings, accident reports, statements made by you or witnesses, will say statements by third parties, names of parties subpoenaed to testify in Court, names of all police officers present at the scene of the crime, copy of certified documents from the Ministry and copy of criminal or driver’s record.
If any of your rights under the Charter of Rights and Freedoms were violated, such as; right to be tried within a reasonable time, the Judge might “stay” the charge against you (which means the case ends) or might refuse to allow evidence obtained as a result of the violation of your Charter rights to be used in your trial. If you want to argue that your rights and freedoms under the Charter have been breached or that the law under which you have been charged is unconstitutional, then your Lawyer & Law Student must provide the Attorney General of Canada and the Attorney General of Ontario with a written notice of Constitutional question before your trial date. Your Lawyer & Law Student must also provide a copy of this written notice to the Court office and the prosecutor. At trial, your law student will have to prove that they had provided the required written notice.
“Presumption of innocence“, “reasonable doubt” and “burden of proof“
Everyone charged with an offence is presumed to be innocent. The Judge will find you guilty only if the evidence satisfies him or her “beyond a reasonable doubt” that you are guilty. The phrase “reasonable doubt” does not require proof to an absolute certainty or beyond any doubt nor is it an imaginary or frivolous doubt; but it does involve a significant level of proof far beyond the “balance of probabilities” standard of proof in civil cases. For you to be found guilty there must be evidence beyond a reasonable doubt of each “essential element” of the offence. Generally, the essential elements of an offence are set out in the wording of the charge against you. There are three categories of offences, each with their own proof requirements
In “absolute liability” offences, the prosecutor is only required to prove that you committed the act with which you are charged. Intent to commit the prohibited act is not part of the essential elements of an absolute liability offence, and the prosecutor does not have to prove any mental element on your part. Generally, you will be found guilty if the Judge is satisfied about this beyond a reasonable doubt. Examples of absolute liability defenses are: Involuntariness, necessity, self defense, duress, insanity, automatism or act of god.
In “strict liability” offences, the prosecutor must prove beyond a reasonable doubt that you committed the act with which you are charged. The prosecutor does not have to prove any mental element. Your Lawyer or Law Student may raise a defence by proving on a balance of probabilities that you took all reasonable steps to avoid the particular act or that you reasonably believed in a mistaken set of facts which, if true, would render the act innocent.
In Mens Rea offences the prosecutor must prove beyond a reasonable doubt that you committed the act with which you are charged and that you had a guilty mind. A Mens Rea offence usually contains the words “wilfully,” “with intent,” “knowingly,” or “intentionally” in the law creating the offence. Charges under the Criminal Code are examples of Mens Rea offences. An example of a Provincial Mens Rea offence is having in your possession a false or invalid insurance card that you know or ought to have know is false or invalid contrary to s. 13.1(a) of the Compulsory Automobile Insurance Act.
i) Judge: The Judge is an independent and impartial judicial officer who will hear your trial and decide if you are guilty or not guilty. The Judge is required to ensure that you receive a fair trial. He or she is not allowed to give you legal advice.
ii) Prosecutor (“Crown Attorney”): The prosecutor is the person with the authority to prosecute the offence. It is the prosecutor’s responsibility to prove that you committed the offence with which you are charged.
iii) Court clerk: The Court clerk sits in front of the Judge and assists him or her by; reading the charges and asking your law student if you plead guilty or not guilty, swearing or affirming witnesses, or 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 recording of what is said during the trial, or for monitoring the equipment that records everything that is said.
v) Court reporter or Court monitor: The Court reporter or Court monitor is responsible for making a recording of what is said during the trial, or for monitoring the equipment that records everything that is said.
Summons to Witness (“subpoena”)
A Summons to Witness is a Court Order requiring the witness to come to Court. Witnesses must appear in person in the courtroom for the trial. The prosecutor is nor required to subpoena or call anybody as a witness on your behalf.
Order excluding witnesses
At the beginning of the trial, your Lawyer & Law Student or the prosecutor may ask the Judge to Order all witnesses in the case to remain outside the courtroom until they testify. This is to make sure that witnesses do not change their evidence based on what they hear other witnesses say in the courtroom.
Start of Prosecution’s case
i) Notes of Police Officer and Witnesses: The prosecutor might ask the Judge if a police officer who is on the witness stand to use his or her investigation notes to refresh his or her memory. Lawyers & Law Students are entitled to see the notes. The Judge will ask your Lawyer & Law Student if they want to ask the officer any questions in relation to the police officer using the notes to refresh his or her memory or if you want to call evidence on this issue. The Judge will also ask your Lawyer & Law Student if they want to make submissions about whether the police officer should be allowed to use the notes while testifying. This process also applies to notes used by any other witness.
ii) Statements made to a police officer or other person in authority: Sometimes the prosecutor will want to introduce evidence of a statement that you are alleged to have made to a police officer or another person in authority. The prosecutor must satisfy the Judge beyond a reasonable doubt that you made the statement and that the statement was given voluntarily. These issues will be determined during a procedure called a “Voir Dire”.
iii) Hearsay: Second-hand information is called hearsay evidence and is generally not allowed. The prosecutor and your Lawyer & Law Student generally may ask witnesses only about things the witnesses have personal knowledge about (for example, what they saw). There are some exceptions to this rule. One important exception is that the prosecutor may ask witnesses about statements they say you made. Your Lawyers & Law Student, however, may not ask witnesses what you said unless the prosecutor 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 person in authority.
iv) Examination-in-chief: The prosecutor calls his or her witnesses first. The prosecutor will ask his or her witnesses questions in order to bring out evidence that supports the prosecution’s case. This is called “examination-in-chief”. Your Lawyer or Law Student has the right to object to any evidence given by a witness or to questions asked by the prosecutor that your Lawyer & Law Student believes 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?”
v) Cross-examination: Your Lawyer & Law Student will be allowed to cross-examine each prosecution witness after the prosecutor finishes the examination-in-chief of that witness. When your a law student cross-examines the prosecutor’s witnesses, your Lawyer & Law Student may ask them questions to test the reliability, accuracy or truth of what they have said. Your Lawyer & Law Student may also ask the prosecutor’s witnesses questions about things that you think might help your defence. The questions your Lawyers & Law Students asks 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 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. Your Lawyers & Law Students are allowed to put your version of the events directly to the witness in cross-examination. Unlike in examination-in-chief, your law student is also allowed to suggest answers that will assist your case. For example, your Lawyer & Law Student may ask “was the car red?” instead of asking “what colour was the car?” When your Lawyer & Law Student suggests facts to a witness they might agree with all, part or none of the suggestions.
If your Lawyer & Law Student intends to call a defence evidence that is different from what a prosecution witness has told the Court, then you should suggest your version of the facts to that prosecution 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 prosecution witnesses, the Court may give less weight to your version or the prosecutor may be allowed to call the witness again in “Reply”.
Your Lawyer & Law Student is entitled to ask the Judge to see the notes of any prosecution witness, and to use those notes while cross-examining the witness. For example, your Lawyer & Law Student 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.
In certain circumstances, your Lawyer & Law Student will be allowed to cross-examine the prosecution witnesses about whether they have a criminal record.
vi) Re-examination: When your a law student finishes your cross-examination of a witness, the prosecutor might be allowed to re-examine that witness about anything new brought out in your cross-examination.
End of prosecutor’s case
After the prosecutor has finished calling all of his or her evidence and has “closed” the case for the prosecution, you will have the following options:
(i) Your Lawyer & Law Student may ask 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 prosecutor must prove. If your Lawyer & Law Student moves for a directed verdict and the Judge rules against you, your Lawyer & Law Student will then be allowed to decide whether or not to call a defence. If the Judge rules in your favour, you will be found not guilty. OR
(ii) Your Lawyer & Law Student may decide not to call evidence in defence and not let you testify in your own defence. If your Lawyer & Law Student chooses not to let you testify and not to call any witnesses, the Judge will decide the case based only on the evidence presented during the prosecution’s case. At this point, you will be found guilty only if the Judge finds that every essential element of the offence has been proven beyond a reasonable doubt. OR
(iii) Your Lawyer & Law Student may decide to call evidence in defence.
Presenting a defence
You have the right to remain silent: You do not have to testify or call defence witnesses. If your a law student chooses to call a defence, your defence evidence may be your testimony or testimony from witnesses or both. As well, your a law student may wish to file evidence such as documents, diagrams, or photographs.
If your a law student calls defence witnesses, the examination-in-chief, cross-examination and re-examination processes described herein also apply to your defence witnesses. The prosecutor will be allowed to cross-examine your witnesses, including in certain circumstances cross-examining about whether they have a criminal record. These rules apply to you as well if you choose to testify.
After all the evidence is presented, the Judge will give your Lawyer & Law Student and the prosecutor an opportunity to make closing submissions about why you should be found not guilty or guilty. You will not be permitted to tell the Judge your version of the events as part of your closing submissions unless you or a prosecution or defence witness has testified about that version of events.
Judgment
The Judge will find you not guilty or guilty. He or she will either immediately give his or her judgment and reasons for judgment or will adjourn the case to a later time or day.
Sentencing
If you are found guilty, the Judge may either sentence you immediately or adjourn sentencing to another date. The sentence may include a fine, licence suspension, probation, jail or other Orders.
Before you are sentenced, the Judge will hold a sentence hearing at which point your Lawyer & Law Student and the prosecutor will have the opportunity to tell the Judge what your Lawyer & Law Student and prosecutor thinks the appropriate sentence should be and why. Your Lawyer & Law Student may also tell the Judge about any circumstances relating to you or your offence, or about the penalty, medical issues, family / work / education background, your ability to pay a fine or whether you require time to pay a fine.
(i) Aboriginal defendants: A Judge must pay particular attention to the circumstances of aboriginal offenders when considering a jail sentence.
(ii) Court costs: Court costs will be added to any fine and a victim fine surcharge tax will also be added to any fine. The Judge has no power to waive or reduce these amounts.
(iii) Demerit points: Driving-related demerit points are automatically imposed by law if you are found guilty of certain driving offences. The Judge has no power to waive or reduce demerit points.
Appeals
You have the right to appeal any conviction or sentence or both within the time fixed by law, usually 30 days. Your Lawyers & Law Students will explain the rules regarding appeals, including how to perfect your appeal.
9225 Leslie St, Richmond Hill, ONT L4B 3H6
15 Allstate Pkwy, Markham, ON L3R 5B4
9131 Keele St, Unit #A3, Woodbridge, ONT
L4K 2N1
Virtually Via Video or Audio Zoom
dinorussolaw@gmail.com
(416) 986 6842
9225 Leslie St, Richmond Hill, ONT L4B 3H6
15 Allstate Pkwy, Markham, ON L3R 5B4
9131 Keele St, Unit #A3, Woodbridge, ONT
L4K 2N1
Virtually Via Video or Audio Zoom
Monday Through Sunday: 8:30am to 8:30pm
