Crown Pre-Trial

Crown Pre-Trial: Where Strategy Starts and Your Voice Matters

If you’re charged with an offence, your lawyer will conduct a Crown pre-trial. This is a crucial meeting between your lawyer and the Crown Prosecutor where the path forward in your case is discussed. It’s not a trial, but the decisions made now can have far-reaching consequences.

What is a Crown Pre-Trial?

Informal but High-Stakes: A pre-trial involves your defence lawyer and the Crown Prosecutor negotiating directly. A judge is not present, making it a less formal setting than a courtroom.

Purpose: Its aims include:

Exploring resolution options: Could a plea bargain make sense? Are there ways to narrow the charges and reduce potential penalties?

Understanding the Evidence: Your lawyer gets a better sense of the Crown’s strengths and weaknesses, and the Crown gets to assess the defence arguments as well.

Strategic Planning: Does the pre-trial change pretrial motions your lawyer might file, or the overall trial approach?

It’s NOT a Decision Point: Your lawyer cannot accept any plea deal without your express agreement. But, the discussions here have enormous impact.

Your Role in the Pre-Trial

Guiding Your Lawyer: Your input is crucial, even if you don’t directly participate in the meeting:

Your Goals: What outcome would be acceptable to you, and what absolutely isn’t? This helps shape the plea bargain discussions.

Your Knowledge: Is there information your lawyer should know, about witnesses or evidence, that might aid your defence?

Your Risk Tolerance: Are you prepared to go to trial if a fair deal isn’t reached? This informs how aggressively your lawyer negotiates.

Ask Questions Afterwards: Get a full debrief from your lawyer on the offers made, the Crown’s position, and their assessment of the next steps.

Why You Need a Lawyer by Your Side

Experience is Power: Crown pre-trials are a specialized form of negotiation. Experienced criminal defence lawyers understand how to leverage the Crown’s desire to resolve cases without trial, securing the best possible outcome for you.

Protecting Your Rights: Prosecutors are skilled at maximizing pressure. Your lawyer ensures any offers are genuinely fair, that you’re not rushed into a decision, and that your rights are protected throughout.

The Big Picture: A lawyer sees how the choices made now impact your case long-term. They can advise whether a plea seems like a good outcome, or whether fighting at trial is a better strategic move.

Assessing the Crown’s Case: Your lawyer will analyze the evidence the Crown intends to rely on, exposing potential weaknesses, and using this knowledge to get the best result at the pre-trial.

Frequently Asked Questions

Should I try to attend the meeting with my lawyer?

This is generally not advisable. These meetings allow for more candid exchanges between the Crown and your lawyer, which might be hampered if you’re present.

If I'm offered a great deal, can I just accept it right away?

You should always consult with your lawyer first. They may see issues you don’t, or be able to negotiate the deal even further down.

What if nothing is resolved at pre-trial, what happens next?

Your case usually proceeds towards trial, but with both sides having a better understanding of the issues. This could still lead to later negotiations or a resolution right before trial.

Can the Crown use what's discussed at pre-trial against me at trial?

There are limits on what they can use, aimed at encouraging open negotiation. Your lawyer will explain these protections.

What's the difference between this and a Judicial Pre-Trial?

A JPT has a judge present to oversee discussions and facilitate resolution. It is a more formal meeting. Crown Pre-trials are meetings between defence counsel and the Crown, without a judge present.

Let's Talk About Your Case

Crown pre-trials are a pivotal moment. Using our vast experience and honed skill, we will:

Prepare strategically based on your goals and in-depth knowledge of the case.
Advocate forcefully for your interests at the pre-trial.
Negotiate strategically with the Crown, aiming for the best possible outcome.
Ensure your rights are protected at every stage.

Don't gamble with your future. Contact us today for a confidential case review.

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