CLIENT TALK
December, 2004
SO YOU'VE BEEN CHARGED WITH AN OFFENCE
For most people the impact of being arrested or charged by the RCMP starts with confusion and perhaps embarrassment. Without knowledge of the system and the procedure the feeling of confusion can only increase.
If you are charged with an offence we can assist you from when you are in Police custody through your Trial and any sentencing that may result.
The first document you are likely to be issued upon your release from custody by the RCMP is a Promise to Appear. This requires you to appear in Court and possibly attend at the Police Station for fingerprinting. It will contain a specific day and time on which you are to appear. You MUST attend both dates or risk further charges. For Court you may arrange for a lawyer or an agent to appear on your behalf.
The important thing for you at this point is that you appear as required, and that you request disclosure of all circumstances or particulars from Crown Counsel.
The particulars or circumstances of the offence, which you receive from Crown Counsel, will include an Initial Sentencing Position or ISP. This lists the sentencing position that Crown Counsel will recommend to the Judge if you decide to plead guilty at an early stage of the proceedings. This offer is open until a Trial date is set so you are not required to enter a guilty plea on your first appearance in order to take advantage of this offer. You will be offered the opportunity to adjourn or reschedule your appearance in order to arrange to speak with legal counsel. The initial sentencing position is generally a lower sentence than Crown Counsel will seek should the matter proceed to Trial.
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The opinion(s) expressed in this article may not be shared by the Law Corporation and is the opinion(s) of the author. This article is not intended to substitute for the advice of a lawyer. Please consult a lawyer regarding any legal issues you may have.
Shook, Wickham, Bishop & Field
906 Island Highway, Campbell River, B.C., V9W
2C3
Tel: (250) 287-8355
Fax: (250) 287-8112
Email: wickham@crlawyers.ca
