Toronto Domestic Assault Lawyer: Explaining the First Appearance in Court
If you’re facing a domestic assault charge in Toronto, you will be issued a first appearance in court in two separate ways:
- Pursuant to a mandatory condition on your Undertaking to a Peace Officer
- Pursuant to a court ordered return date after a bail or show cause hearing
This article explores what to expect at a first appearance in domestic criminal court in Toronto.
Note that this article is not a substitute for proper legal advice from a Toronto Domestic Assault Lawyer. Contact an experienced one today at (647) 878 – 6355 or e-mail andrew@captanlaw.com for a free consultation.
What If I Miss My First Appearance
First of all, it is important to diarize your first appearance in court, because missing it can lead to significant consequences for you, including a bench warrant for your arrest, that may be executed by police at any time, as well as an additional charge of Failure to Attend Court. The last thing you want are these further challenges to overcome, on top of your original Domestic Assault case. In the unfortunate even that your realize that you missed your court date for some reason, reach out to a Toronto Domestic Assault Lawyer immediately, as there may be ways to “correct” the problem before it escalates, and avoid both a warrant and a Failure to Appear charge.
Do I Need a Lawyer at My First Appearance in Domestic Criminal Court
No – there is no procedural requirement that you appear at you first appearance. Similarly, there is no requirement that you retain a Toronto Domestic Assault Lawyer for any appearance. You can proceed with your entire case entirely unrepresented. As the saying goes, “A man who represents himself has a fool for a client”.
How Can I Appear for My First Appearance
You can appear for your first appearance either in person at 10 Armoury Street in Downtown Toronto or by Zoom. You can locate the Zoom links for first appearance court at THIS government website.
What Happens at My First Appearance in Domestic Criminal Court
The first appearance in a criminal case is administrative, in the sense that there is no legal issues resolved, no arraignment (ie, plea of guilty or not guilty) and no discussion of the circumstances surrounding the case. The Court typically will seek updates on case progress. At a first appearance, two features of the case are explored by the Justice of Peace:
- Whether you intend to hire a lawyer (or whether you have one hired already)
- Whether you have requested and/or received disclosure from the Crown Attorney
Disclosure is the evidence that the Crown will be relying on to prosecute you and, so, you need a copy of this to begin preparing your case (and so does your lawyer if you have one).
How Long is the First Appearance
For unrepresented parties, the first appearance can be long because of the waiting involved. There could be 75 + matters in your court room that have to be addressed. Once your matter is called upon by the Crown Attorney, the actual appearance itself takes a couple of minutes at most.
Andrew Captan – Toronto Domestic Assault Lawyer
Facing a Domestic Assault charge in Toronto can be a challenging time in one’s life. To minimize the stress involved, retaining an expert Criminal Defence Lawyer is key. Andrew Captan is an experienced Toronto Domestic Assault Lawyer with an office in the Harbourfront area of Downtown Toronto. He routinely assists individuals with securing optimal outcomes and resolutions in challenging Domestic assault cases. For a free consultation, call (647) 878 – 6355 or e-mail him at andrew@captanlaw.com
