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Going to Court
Defending Yourself in Provincial Court, Fact Sheet 2: The Day of Your First Appearance
What happens at my first appearance?
Your first appearance in court is not your trial. This appearance is to read the charge and ask how you plead. The charge is the specific offence or crime you are accused of committing. Note: If you need to know which courtroom to go to or when to be there, phone the provincial court office ahead of time to find out.
If I don't have a lawyer, can I still get some legal advice?
Yes. On the day of your first appearance, you may be able to talk to duty counsel. Duty counsel is a lawyer available at the courthouse to offer free advice and to help people who do not have a lawyer. He or she can tell you about your rights and the court process. You can get informal advice about your plea and an explanation about sentencing. Duty counsel may also speak for you at sentencing if you are sentenced on a day when duty counsel is available. It is up to you to take advantage of this advice on the day of your first appearance. Please note that duty counsel may not be available to offer advice for certain offences, such as traffic violations, and duty counsel is NOT available for a trial. Arrive about a half an hour before court starts so you can speak to duty counsel.
What if I want to plead guilty to a lesser charge?
Before your appearance you can ask duty counsel to speak to the prosecutor for you. Duty counsel can tell the prosecutor what you are planning to do about your charge. In some cases, duty counsel and the prosecutor may negotiate a plea agreement. In a plea agreement, the prosecutor may reduce or dismiss some of the charges if you agree to plead guilty. However, this is rare as the high number of cases makes it difficult for the prosecutor to deal with every case in the limited time available. Try to arrive early enough to talk to duty counsel.
What happens when it's time for my case?
When court begins, sit in the public seating area. You may not be the first case. Wait until a court official says your name. Then go to the front of the public seating. The judge will read out the charge. This is called laying an information. If you do not understand the charge, say so, and the judge will explain it to you. Then the judge will ask if you are "prepared to plead". You must tell the judge how you respond to the charge. This is called entering a plea.
How do I enter a plea?
Tell the judge whether you plead not guilty or not guilty. If you plead not guilty, the judge will set a date for the trial. Make a note of the time and date. If you plead guilty, then the Crown prosecutor reads the particulars. The particulars are the facts of the offence. The prosecutor also tells the judge about your criminal record if you have one. Listen carefully to what the prosecutor says and make sure it is correct. When the Crown prosecutor finishes, the judge will ask if you have anything to say. If you disagree with what the Crown prosecutor said about the facts or your criminal record, tell the judge. In this case the judge may hold a hearing to decide what happened. This is also the time to speak to sentence. Go to Part 5 for more information on Sentencing.
Tips for the Courtroom
- When the judge enters the courtroom, a court official calls the room to order and everyone must remain standing until the judge sits.
- You must also stand when you are addressing the court or when the judge is speaking to you.
- If you do not know where to stand or sit, a court official will tell you where you should be in the courtroom.
- Be polite and respectful. Call the judge "Your Honour".
- Dress appropriately. Court is a serious occasion.
- Speak clearly and only when it is your turn to talk.
- Don't eat in court, carry opened beverages or chew gum or wear a hat. Turn off cell phones and portable music devices.
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
Revised: March 2007
ISBN: 978-1-55396-937-2
 Back to Criminal Courts
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.
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