Criminal Law Disclosure

After the police lay a charge, an accused will usually be released on conditions, including that they attend the first court date.

It is then that they phone a lawyer.   One question that client’s always have is whether they should plead innocent or guilty.

My advice is always the same.   I don’t know until the Crown releases dislosure.  Disclosure is the evidence that the Crown has against the accused.   It is up to the Crown to prove the accused is guilty beyond a reasonable doubt.  So until I see the Crown’s evidence I can’t tell client’s what to do.

Crown Disclosure is typically available a few days before the first court date.   The Judge on the first Court date knows that a client won’t have had the disclosure for very long and will grant an adjournment to review Crown Disclosure.

David R. Barth

Domestic Violence Court

Violence between spouses or a couple in a relationship will lead to charges heard in Domestic Violence Court.  Domestic Violence Court is every Thursday in a different Court than other criminal matters.

Sometimes both spouses are charged but often it is just the man.   Self Defence is often claimed by the person charged.

If a person charged thinks they are guilty they have the option of attending a counselling program before sentencing.   Successful completion of the program will often lead to a reduced sentence.  I have heard favourable comments about the counselling program.

However, you cannot both claim self defence and attend the program.   Talking to a lawyer about what happened is probably a good idea to determine which you want to do.  I’ve had clients do both.

David R. Barth