​Criminal Lawyer in the Greater Fredericton Area

After a charge is laid, the accused person must appear in Provincial Court, which is the entry point for most criminal cases in the province. They may receive a summons or an appearance notice requiring them to attend court on a specific date. At their first appearance, they are informed of the charge, given access to disclosure (the evidence against them), and may enter a plea or request time to obtain legal advice.

While you are not required to have a lawyer, it is strongly recommended. Individuals can represent themselves in court, but they are entitled to consult Legal Aid duty counsel or hire their own lawyer before entering a plea. Legal representation helps ensure your rights are protected and that you understand court procedures and possible outcomes.

Criminal offences in Canada are generally classified as summary conviction offences or indictable offences. Summary offences are less serious and usually involve simpler procedures and lighter penalties. Indictable offences are more serious, involve more formal court processes, and carry heavier penalties. Some offences are hybrid, meaning the Crown prosecutor can choose how to proceed based on the circumstances.

Not necessarily. If you are held in custody, you will typically have a bail hearing, where a judge decides whether you can be released while awaiting trial. Bail may include conditions, such as avoiding certain individuals or locations. Under Canadian law, accused persons are presumed innocent and generally have a right to reasonable bail unless there is a valid reason to deny it.

In New Brunswick, once a matter is investigated by police, the Crown prosecutor is responsible for deciding whether to proceed with charges and how the case moves through the court system. The Crown presents evidence in court and must prove the charge beyond a reasonable doubt. Victims do not control the prosecution, although they have rights to information and participation.