NTARIO OURT OF JUSTICE - Ontario Courts

1 _____ 1 | GUIDE FOR DEFENDANTS IN provincial offences CASES WINTER 2014 Ontario court OF JUSTICE GUIDE FOR DEFENDANTS IN provincial offences CASES This Guide provides defendants with general information about the court process for provincial offences cases. It does not cover every circumstance that might arise in your case. THINK ABOUT GETTING LEGAL ADVICE This Guide does not provide legal advice. You are strongly urged to get legal advice from a lawyer or paralegal about your legal options and the possible penalties you could face.

2 In deciding whether or not to obtain legal advice, especially if you plan to represent yourself, consider: the charge you are facing, the complexity of the case, your understanding of the legal process and the issues, and the risk of a substantial fine, jail time or other penalty that would have significant personal impact (for example, driving demerit points, driver s licence suspension). You can be referred to a lawyer or paralegal through the: Law Society Referral Service: 1-800-268-8326 toll free or 416-947-3330. The Law Society Referral Service will give you the name of a lawyer or paralegal within or near your community, who will provide a free consultation of up to 30 minutes to help you determine your rights and options.

3 Lawyer and Paralegal Directory: You can search on-line for lawyers and paralegals by name, city or postal code at: You can also look for a lawyer or paralegal on the Internet or in the telephone directory. You may be eligible for legal aid if there is a likelihood of jail if you are convicted. For more information, contact Legal Aid Ontario at 1-800-668-8258 toll free or at 416-979-1446. You may be able to get free legal advice or representation at your local community legal aid clinic or from law students at a university-based student legal aid services society (SLASS).

4 Each clinic and SLASS has its own guidelines and financial eligibility for accepting clients, so you should contact them directly. For a list of community or SLASS clinics near you, visit: or call Legal Aid Ontario at 1-800-668-8258 toll free or at 416-979-1446. WHAT HAVE YOU BEEN CHARGED WITH AND WHAT ARE YOUR OPTIONS? _____ 2 | GUIDE FOR DEFENDANTS IN provincial offences CASES WINTER 2014 Your ticket (also known as an offence notice or parking infraction notice ) or summons sets out the offence with which you are charged.

5 If you get a ticket that is not a parking ticket (such as a speeding ticket), your options will be set out on the back of it. There are two types of tickets. If you receive the first type (Form 3), you have three options: (i) Plead guilty by paying the total amount shown on your ticket. (ii) Go to the court office shown on the ticket and plead guilty and make submissions about the penalty (including the amount of fine or how much time you have to pay). (iii) Ask for a trial date. See the back of your ticket for information about how to get a trial date set. If you receive the second type of ticket (Form 4), the second option is different.

6 You may request a meeting with a prosecutor by checking a box on the ticket. You will then receive a notice of the date and time of the meeting. By meeting with the prosecutor, you do not give up your right to a trial; however, you may be able to resolve the case. Possible resolutions could include a withdrawal of the charge or an agreement in which you plead guilty to a less serious charge. If you or someone on your behalf does not attend the meeting or the court date scheduled after the meeting, you may be found guilty. You might also be able to meet with a prosecutor if you receive the first type of ticket.

7 Contact the court office shown on your ticket as soon as possible if you want to discuss your case with a prosecutor. If you get a parking ticket, you have two options: (i) Plead guilty by paying the total amount shown on your ticket. (ii) Ask for a trial date. See the back of your ticket for information about how to get a trial date set. If you have questions about a parking ticket, contact the office shown on the parking ticket. If you get a ticket and do not do one of these things within 15 days of receiving your ticket, or if you or someone on your behalf does not attend court for your trial, you may be found guilty.

8 If you get a summons, you or someone on your behalf must attend court at the time and place shown on the summons: (i) If you or someone on your behalf does not attend court and it is a trial date, a warrant for your arrest may be issued or your trial may go ahead without you. If your trial goes ahead without you, you might be convicted and sentenced. Depending on the offence with which you have been convicted, you might be sentenced to jail and a warrant issued for your arrest. (ii) If you or someone on your behalf does not attend court and the date is not a trial date, a trial date may be set at that time and you will not be notified of the trial date.

9 (iii) If you or someone on your behalf does not appear at the time and place shown on the summons or for a scheduled court date, you may be charged with failing to appear in court . (iv) If you or someone on your behalf does not attend a scheduled court date, it is your responsibility to find out from the court office what happened, including whether a trial date was set and for what date. BEFORE THE TRIAL DATE Accessibility accommodation for persons with disabilities You should contact the court office shown on your ticket or summons to obtain information about a courthouse s accessibility features, or if you or one of your witnesses needs accessible court services.

10 Meet with the prosecutor In some Courts , the prosecutor will meet with defendants before the day of trial to discuss the potential resolution of the charge. Contact the court office shown on your ticket or summons to ask about this meeting. By meeting with the prosecutor, you do not give up your right to a trial. _____ 3 | GUIDE FOR DEFENDANTS IN provincial offences CASES WINTER 2014 Disclosure Anyone charged with an offence is entitled to receive, free of charge, all the information in the prosecutor s possession or control that is relevant to the charge.