Trial

Facing a Criminal Trial: When Your Future Hangs in the Balance

Going to trial for criminal charges is one of the most stressful experiences imaginable. The process is complex, the stakes couldn’t be higher, and it can feel like the entire system is against you. This page breaks down what happens at each stage, and why having an experienced, aggressive advocate by your side is crucial.

Key Stages of a Criminal Trial

Arraignment: This is where you formally enter your plea (guilty, not guilty). If not guilty, a trial date (or dates) will be set. Your lawyer will advise you on this decision, as it has major strategic implications.
Jury Selection (If Applicable): Not all trials have juries. If yours does, this process carefully chooses 12 impartial citizens to decide your guilt or innocence. Your lawyer plays a role in this, asking potential jurors questions to weed out bias.
Crown’s Opening Statement: The prosecutor outlines the case they intend to prove, giving the judge or jury a roadmap of their evidence.
Crown’s Case: The prosecutor presents their evidence first, calling witnesses, introducing documents, etc. Your lawyer can cross-examine each witness, challenging their credibility and the reliability of their testimony.
Defence Opening Statement: Your lawyer’s chance to present their theory of the case, and preview the counter-arguments they’ll make to the Crown’s version of events.
Defence Case: Now it’s your lawyer’s turn to present evidence, call witnesses (which might include you testifying), and dismantle the Crown’s case. Your lawyer decides if you taking the stand is the best strategy.
Closing Arguments: Each side sums up their case powerfully. Your lawyer will highlight inconsistencies in the Crown’s evidence, emphasize points favorable to your defence, and argue persuasively for a not guilty verdict.
Judge/Jury Instructions: The judge explains the law relevant to the charges, how to weigh evidence, and what the burden of proof is (“beyond a reasonable doubt”).
Verdict: The judge (alone) or the jury decides if you are guilty or not guilty. If guilty, there may be a separate sentencing hearing later.

The Emotional Toll of Trial

Public Scrutiny: Trials aren’t private. The media may be present, and the outcome becomes a permanent part of your record, impacting employment, housing, and more.

Uncertainty: Even with the best defence, the outcome is never guaranteed. This waiting period can be agonizing, and your lawyer helps you cope with this stress.

The Impact of the Verdict: A guilty verdict carries serious consequences: incarceration, hefty fines, loss of your job, and a stigma that follows you for life. Your lawyer may be able to advocate for a lesser sentence, or explore appeal options.

Why You Need a Lawyer by Your Side

Mitigating the Stress: Your lawyer handles the procedural complexities, explains your rights, protects you from unfair tactics by the Crown, and makes sure you’re never left in the dark about what’s happening.

Building the Strongest Defence: Trial lawyers are specialists. They know how to analyze evidence, expose weaknesses in the prosecution’s case, meticulously craft cross-examination questions, and present YOUR side of the story in the most compelling way.

Fighting for Your Future: Whether it’s negotiating with the Crown on potential plea resolutions along the way, selecting a favorable jury, or delivering powerful closing arguments, your lawyer is your unwavering champion in the courtroom.

Frequently Asked Questions

How long do trials take?

This varies wildly. A short trial might be a few days, a complex one weeks or months. Factors include the charges, amount of evidence, and unexpected delays.

Can I change my mind partway through and plead guilty?

Yes, but the timing and consequences are complicated. Your lawyer will advise if this becomes strategically a good option in your specific case.

What if I can't afford a trial lawyer?

You may qualify for Legal Aid. If not, some lawyers, uncluding us, offer payment plans. It’s a crucial investment even if it means sacrificing elsewhere.

Do I have to testify?

No. This is your decision, made in consultation with your lawyer. There are pros and cons each way, depending on the case.

What are the chances of winning at trial?

No lawyer can give a percentage. They can assess the strength of the Crown’s case, and potential defences, helping you make informed choices about risk.

Let's Talk About Your Case

Trials put your freedom and reputation on the line. Using our vast experience and honed skill, we will:

Guide you through the process, lessening the fear of the unknown.
Develop an aggressive trial strategy tailored to your specific circumstances.
Ensure your rights are upheld, and fight tirelessly for your defence.

Don't risk everything. Contact us today for a confidential case review.

Free Confidential & Detailed Case Review

Other Stages in the Court Process

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Client Reviews

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