What Happens on My First Court Appearance?
A Guide for Defendants
The day has come and you are set to appear in court for your first court appearance.
Before this, you may have been handed an ‘Undertaking’ or a ‘Promise to Appear’ notice with your court date on it. It has your court date, courtroom number and the time you have to appear. (Please note: This is not for individuals who have been held for a bail hearing. We will cover that in a later time)
You may have been told that this is a mandatory court appearance and you have to attend.
But what does this all mean?
Understanding the process will help with nerves and prepare yourself for what to expect.
Your first court appearance will appear in what is known as ‘Docket Court’. In Calgary Provincial Court, this is usually courtroom #305. More often than not, it will be a Justice of the Peace sitting on
the bench, not a Judge.
The court ensures you understand what you have been charged with. The court also ensures you understand what your legal rights are. If you cannot afford a lawyer, the court may appoint a public defender lawyer, also known as ‘duty counsel’, to assist you.
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Your Court Appearance Date
You are assigned a day of the week that your matter will appear on going forward. For example, if your first appearance date lands on a Wednesday, your matter will continue to be on a Wednesday going forward (with the exception of scheduled court dates like trial dates).
One key item to note is that this is not the time for you to argue your case. If you would like to argue your case, this will be done in a trial setting and not in docket court.
Here is a quick summary of what goes on in the courtroom.
Once your name is called, you are permitted to stand up and go up to the stand. They will ask you to ‘state your name for the record’. As everything that is said in the courtroom is recorded, you will want to speak clearly and into the microphone if there is one.
They will read your charges to you and ask if you understand.
They will then ask you if you wish to plead guilty or not guilty.
- Option A
If you decide to plead not guilty, the matter will be adjourned or pushed to a later date so that you will be able to adequately prepare yourself for trial to ‘fight the charge’. - Option B
If you plead guilty, the matter may be ‘held down’ for later until the justice may have a ruling on the sentence.
What Can Our Lawyers Do for You?
We can speak to the Crown Prosecutors ahead of your first court appearance.
As always, speak to your lawyer for legal advice. You can reach our office at (587) 391-9580 to book a consultation.
Contact Shim Law Today
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