You Got a DUI Charge. What is the next step?
- You’ve been charged with a DUI, and the Police officer gave you a document requiring you to appear in court on a specific date and time.
- And that court date will either be on Zoom or in person.
- In this article, I will take you through 4 things you need to know about your upcoming court date.
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1/ The court date is NOT a trial- This court date is called a first appearance because it’s the first time you will appear before the court for your DUI charge.
- Your first appearance court date is not a trial.
- That means that questions about what happened, why it happened, or any statements you may want to make, will not happen at this court date.
- And because this court date is not a trial, the officer who arrested you and any other officers involved with your DUI will not be at your court date.
2/ You’re going to get the evidence- When you face a criminal charge such as a DUI, you are legally entitled to get all evidence that the Crown will use against you.
- Getting this evidence is your legal right. It’s not an option for the Crown.
- So, at your first court appearance, you can expect to get a package called disclosure.
- In this disclosure package, you will find the evidence that the Crown will be relying on to prove the DUI case against you.
3/ The evidence may not be complete- Theoretically, when you get your disclosure package, it should have all the evidence regarding your DUI case.
- However, the reality is, the evidence may not be complete.
- The Crown will give you the evidence they have, but not all the evidence may be ready.
- And, often, the evidence that you don’t get may be the evidence you need to defend yourself properly.
- So, make sure to get complete disclosure.
4/ If you don’t have a lawyer, legal help will be available- When you get to your first court appearance, you will have access to legal help from duty counsel.
- Duty counsel are lawyers that work for Legal Aid Ontario.
- You very likely spoke to a legal aid lawyer at the time of your DUI arrest.
- While duty counsel are lawyers, they are not explicitly assigned to defend your case.
- Duty counsel will be at your court date to help anyone who is there without a lawyer.
- So the duty counsel helping you will likely be helping many other defendants at the same time.
- Their role is to guide you on what is happening at your court appearance.
- And the reality is you will get very little time with the duty counsel as they are often so busy helping so many other defendants.
- When you face a criminal charge such as a DUI, you are legally entitled to get all evidence that the Crown will use against you.
- Getting this evidence is your legal right. It’s not an option for the Crown.
- So, at your first court appearance, you can expect to get a package called disclosure.
- In this disclosure package, you will find the evidence that the Crown will be relying on to prove the DUI case against you.
3/ The evidence may not be complete- Theoretically, when you get your disclosure package, it should have all the evidence regarding your DUI case.
- However, the reality is, the evidence may not be complete.
- The Crown will give you the evidence they have, but not all the evidence may be ready.
- And, often, the evidence that you don’t get may be the evidence you need to defend yourself properly.
- So, make sure to get complete disclosure.
4/ If you don’t have a lawyer, legal help will be available- When you get to your first court appearance, you will have access to legal help from duty counsel.
- Duty counsel are lawyers that work for Legal Aid Ontario.
- You very likely spoke to a legal aid lawyer at the time of your DUI arrest.
- While duty counsel are lawyers, they are not explicitly assigned to defend your case.
- Duty counsel will be at your court date to help anyone who is there without a lawyer.
- So the duty counsel helping you will likely be helping many other defendants at the same time.
- Their role is to guide you on what is happening at your court appearance.
- And the reality is you will get very little time with the duty counsel as they are often so busy helping so many other defendants.
- When you get to your first court appearance, you will have access to legal help from duty counsel.
- Duty counsel are lawyers that work for Legal Aid Ontario.
- You very likely spoke to a legal aid lawyer at the time of your DUI arrest.
- While duty counsel are lawyers, they are not explicitly assigned to defend your case.
- Duty counsel will be at your court date to help anyone who is there without a lawyer.
- So the duty counsel helping you will likely be helping many other defendants at the same time.
- Their role is to guide you on what is happening at your court appearance.
- And the reality is you will get very little time with the duty counsel as they are often so busy helping so many other defendants.
What should you do if you get a DUI charge?
If you get a DUI charge, the first step you should take is to seek legal advice from a knowledgeable DUI lawyer. A DUI lawyer can help you understand the charges against you, explain your legal rights and options, and develop a strong defence strategy to help reduce or dismiss the charges.
What is the next step after getting a DUI charge?
After getting a DUI charge, the next step is to seek legal advice from a knowledgeable DUI lawyer. A good DUI lawyer will review the circumstances of your arrest and the evidence against you, and help you understand your legal rights and options. With the right legal representation, it may be possible to reduce or dismiss the charges and obtain the best possible outcome for your case.
