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Defending Yourself in Provincial Court, Fact Sheet 1: So You've Been Charged With an Offence

Do I need a lawyer?

It is wise to be represented by a lawyer. Defending yourself in court is not easy. You may be at a disadvantage by not knowing the law and how the courts operate. However, you do have a right to defend yourself in court. If you do represent yourself, you should still try to get legal advice. Being charged with an offence is a serious matter. Remember, this fact sheet is not a substitute for legal advice.

Note: People charged with the most serious criminal offences, called indictable offences*, are usually eligible for legal aid if they cannot afford a lawyer.

How do I know when to appear in court?

You will receive a piece of paper. It may be a summons, an appearance notice, a promise to appear or another document. Keep this paper somewhere safe. It tells you when and where you have to go to court. Check the time and date carefully.

What if I do not turn up at court?

If you miss your court appearance

• the judge may go ahead with your trial without you there
• you could be charged with an offence called failing to appear
• the judge can order the police to find, arrest and bring you to court
• you may be released with new conditions or kept in jail until your court date
• you may lose any money you posted as a guarantee.

What should I consider before my first appearance in court?

At your first appearance, the judge will ask whether you want to plead guilty or not guilty. Think carefully about this ahead of time. Your plea is a serious decision. Consider the following:

• Even if you believe you are guilty, you do not have to plead guilty. The Crown prosecutor must prove the case against you. Note: The Crown prosecutor is the lawyer who presents the evidence against you. The word "Crown" refers to the fact that the prosecutor represents the public.
• If you plead guilty to a criminal offence, you will have a criminal record. Although you will not have a criminal record if you plead guilty to a provincial offence, it can result in severe penalties such as license suspensions or large fines.
• If you find yourself saying, "I did it ... but," then you may not want to plead guilty. You may have a good excuse for why the offence happened.

Do the charges match what happened?

Can I find out the prosecutor's case against me?

The prosecutor puts together the information he or she will use to prove each case at trial. This includes all evidence gathered in the police investigation. For example, the prosecutor has a copy of any statements - written or spoken descriptions of events that people give to the police.
This information makes up the Crown file on your case. The prosecutor also may have a summary of the case against you. Before a criminal trial, the accused has the right to look at the entire Crown file (with some exceptions) before deciding what plea to enter. You will be given a copy on the day of the first appearance. If you need more time to review your disclosure before you enter a plea, you may ask the judge for an adjournment. You may be able to get a copy of the Crown file earlier by contacting the Crown Prosecutor's office.

Note: English or French? As the defendant, you have the right to have the court proceedings in either English or French. If you want the proceedings in the other language, tell the judge at your first appearance. The court must use, in its oral or written pleadings or any process, the official language(s) selected by the parties. If necessary, the court will use translators or move to a court where French or English proceedings are available.

Published by:
Public Legal Education and
Information Service of New Brunswick
P.O, Box 6000
Fredericton, NB
E3B 5H1
Tel: 506-453-5369
Fax: 506-462-5193
http://www.legal-info-legale.nb.ca

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Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date.  The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.