What Do I Do About This Court Date?

When you were charged, the police gave you papers which included a date for you to appear in Court. Handling this “first appearance” can be stressful, so it is important to get as much information as possible about what to expect.

Our clients sometimes wonder if the “first appearance” date is their trial date. It’s not! No trial is held on the first court appearance.

The first appearance is referred to as a “Remand Date”. Below are a few answers to commonly asked questions about Remand Court and how to prepare for your appearance:

What is Remand Court?
Remand Court is the first court date for anyone accused of a criminal offence. Remember, it is a Court date, but not a trial. At your Remand appearance, you will be one of many summoned individuals called before the same Justice of the Peace or Judge. These appearances are usually very fast, and their main purpose is to make sure the accused person is aware of his/her charges and is prepared to move forward.

Will I enter a plea or be sentenced?
No. Remand Court is very different from a trial. The Crown will not actively prosecute you in Remand Court and you will not enter a plea or be sentenced. The Crown will provide you and/or your lawyer a copy of the “disclosure” that will contain the evidence relevant to your case that has been secured by the police.

Should I have a lawyer come with me?
Absolutely. There are several benefits to having an experienced criminal defence lawyer at your side when you make your first court appearance. Firstly, having someone with you that has experience in these situations will help to settle your nerves. Secondly, a defence lawyer will discuss technical details about the case at this appearance that you might not completely understand. Lastly, going to the court with a lawyer will ensure that you are called to appear earlier in the session.

Can I hire a lawyer to attend on my behalf?
Yes. In most cases, if you file a “Designation of Counsel”, you can have a lawyer attend Remand Court on your behalf. If you retain legal services from our firm, we will discuss whether you need to attend the first appearance. In cases where you are not required to attend, Auger Hollingsworth will handle the appearance for you.

What happens after my date in Remand Court?
In nearly all Remand Court appearances, the Crown will request an adjournment, at which point a “second appearance” for you to appear will be scheduled.