Pre - Charge Investigation
How It Works
Pre-Charge Investigation
The pre-charge investigation is the first stage in the criminal process, because oftentimes, the police will contact you or others while they are still investigating your matter. The police may seek a statement or some form of cooperation from you before laying a formal charge, or even deciding if they are going to charge you. This phase may begin when law enforcement receives information about a potential crime, or an investigation may be underway. This is often the case in more serious crimes and drug cases. During this stage, police conduct various investigative actions to gather evidence and build a case. This may include interviewing witnesses, questioning suspects, conducting surveillance, and performing forensic analyses. Search warrants may be issued to obtain documents, electronic records, or other evidence critical to the investigation.
For individuals under investigation, this stage can be stressful and intimidating. It is important to understand your rights under Canadian Law, including the right to remain silent and the right to consult legal counsel. Anything said to law enforcement during this phase can be used as evidence, which makes seeking legal advice a priority. If the police want you to come in to give a statement, or seek information from you, it is important to contact a lawyer at your earliest opportunity.
In some cases, police may rely on undercover operations or informants to collect evidence. Advanced technology, such as wiretapping or digital forensic tools, may also play a role, particularly in complex cases like organized crime, fraud, or drug trafficking investigations.
At the conclusion of the investigation, law enforcement assesses whether there is enough evidence to proceed with charges. If the evidence is insufficient, the investigation may be closed without further action. You are not obligated to assist with building the case against you for law enforcement. If enough evidence exists, police consult with a Crown prosecutor to determine whether charges should be laid, leading to the next stage of the process.
It is possible for your lawyer to commence defending you, to help minimize your exposure before a charge is laid. It may even be possible to come to terms on a result or method of responding that does not result in a criminal charge, or may cease the investigation. You do not want to assist in mounting a case against yourself, and strategic legal advice is very pivotal at this time. Contact Patmore Criminal Defence today if you are being investigated, or if you think you may be charged.
2. Types of Charges
Summary Offenses:
Definition: Summary offences are less serious crimes, such as minor theft or certain types of assault. They are typically handled more quickly and with less severe penalties.
Charging Process: For summary offences, charges can be laid directly by the police or through a prosecutor’s decision. The accused may face a simpler and faster legal process.
Indictable Offenses:
Definition: Indictable offences are more serious crimes, such as murder, robbery, or large-scale fraud. These offences carry more severe penalties and require a more formal legal process.
Charging Process: For indictable offences, the Crown Prosecutor usually decides whether to proceed with charges after reviewing the evidence. In some cases, a preliminary inquiry may be conducted to determine if there is enough evidence to proceed to trial.
Hybrid Offenses:
Definition: Hybrid offences can be prosecuted as either summary or indictable offences, depending on the circumstances and the discretion of the Crown Prosecutor.
Charging Process: The prosecutor decides whether to proceed by summary conviction or indictment based on the severity of the offence, the accused’s criminal history, and other relevant factors.
3. Formal Charging Document
Types of Documents:
Information: For indictable offences, the prosecutor prepares a formal document called an "Information" that outlines the charges and the alleged facts. This document is filed with the court to initiate the legal process.
Summons or Citation: For less serious offences, a summons or citation may be issued, informing the accused of the charges and requiring them to appear in court.
Content of Charging Documents:
Details of the Offence: The document includes a detailed description of the alleged crime, including the date, location, and nature of the offence.
Legal Basis: It specifies the legal provisions or sections of the Criminal Code or other relevant statutes that the accused is alleged to have violated.
4. Filing and Court Appearance
Filing Charges:
Submission to Court: The charging document is filed with the court, and a copy is served to the accused. The court then schedules an appearance for the accused to respond to the charges.
Initial Court Appearance:
First Appearance: The accused appears in court for the first time, where they are formally informed of the charges against them. This appearance is often referred to as an "arraignment" or "first appearance."
Plea Entry: During this appearance, the accused may enter a plea (guilty, not guilty, or no contest). If the accused pleads not guilty, the case proceeds to further stages, such as a preliminary inquiry or trial.
5. Role of the Defence Lawyer
Legal Representation:
Advice and Guidance: A defence lawyer provides essential advice and guidance to the accused throughout the charging process. They help the accused understand the charges, their rights, and the potential consequences.
Preparation for Court: The defence lawyer prepares for the initial court appearance, negotiates with the prosecution, and develops a strategy for defending against the charges.
6. Impact of Charging Decisions
Consequences of Charging:
Legal Proceedings: The decision to lay charges initiates legal proceedings that can lead to a trial, plea negotiations, or other resolutions.
Bail and Release: Following the charging decision, the court may consider bail or release conditions for the accused, depending on the nature of the charges and the accused’s history.
Public and Personal Impact:
Criminal Record: Being charged with a crime can have significant implications for the accused’s personal and professional life, including potential damage to reputation and employment prospects.
Legal Outcomes: The charging decision influences the trajectory of the case and the potential legal outcomes, including the possibility of conviction, acquittal, or a negotiated resolution.