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The Criminal Process

The Criminal Process From Arrest to Resolution

Reviewed by Michael Murphy, K.C., Senior Counsel · Updated

The criminal process in New Brunswick and Nova Scotia follows one path set by the federal Criminal Code, from the moment of arrest to the day the case ends and beyond it, to the record the case leaves. The court you stand in is provincial, the law applied in it is national, and the stages come in a fixed order.

People Charged in New Brunswick or Nova Scotia and Their Families Face the Criminal Process

Anyone charged with an offence in New Brunswick or Nova Scotia, and anyone whose family member has just been arrested and who needs to know what happens tonight and what happens next month. The firm defends criminal charges in both provinces, and the charges it takes on are stated on its criminal defence lawyer page.

How the Criminal Process Is Organised Here

The criminal process starts with arrest and the right to counsel, because everything that follows is shaped by what happens in the first hours. Next come police release and the bail hearing, the first appearance in court, and disclosure, which is your right to see the Crown’s evidence before you decide anything. Later stages are how the Crown’s election decides between indictment and summary conviction, the ways a charge can end without a trial, and how a trial actually runs.

The Process Does Not End at the Verdict

Sentencing follows the principles in section 718 of the Criminal Code. A finding of guilt leaves behind a record, which a record suspension can close, and the record has consequences at a border. Many people think about the record last, but it helps to read about it first, because some resolutions leave no conviction at all.

What to Do While You Read

Say nothing about the allegation to police beyond identifying yourself, and get legal advice before you decide anything, including a guilty plea that looks quick and cheap. Those two steps protect you at every stage. If a charge is already laid, contact the firm and bring your paperwork to the first call.

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