This section is for issues in the province of Ontario, Canada. The general information is quite similar for much of North America, England and Australia.

Click on the topic you are interesting in for more information.

1. Trials (Argue your case)

Deal making happens often between the defendants and prosecutors and can be made before trials begin. 

1. You should arrive at the court house prepared to argue your case.

2. Arrive early so that you may discuss your intentions with the prosecutor, either to have a trial, plead guilty or strike a deal.  Meeting before trial begins benefits both the defense and the prosecutor.

 2. Extension to pay fine / Re-openings

1. Extensions: you can apply to have an extension from the court of jurisdiction to have more time to pay the fine. This process is uniform throughout Canada.

2. Re-openings: if you have missed your court date for a certain reason and were convicted of the offense(s), you may apply for a re-opening. This process is uniform throughout the province of Ontario.

3. 11(b) Charter Application

This is an option available to defendants who wish to argue that they were prejudiced by the court because it took too long for them to come to trial. This argument is available to everything from speeding tickets to murder trials. Everyone in Canada who is charged with an offence has the right to have their trial as soon as possible without a lengthy delay.

4. Appeals

This process involves arguments to a higher court for reasons of law alone why a conviction should be overturned. Before an appeal can be heard the sentence that was imposed on the defendant at the lower court must be dealt with. So, if the person had jail time or a fine imposed then these issues have to be dealt with before the appeal is allowed. There is a set amount of time that is given allowing you to appeal. In Ontario you have 30 days from the date that you were convicted of the offence to appeal a matter. If you are outside this time then you will have to apply for an extension of time to file an appeal first.

5. Extension of time to appeal

If a certain amount of time has passed then a straight or direct appeal may not be allowed. An extension of time to appeal must be granted before an appeal can be heard. Arguments must be presented to the court answering why it took so long for a person to file an appeal, or why they did not file in time. Generally the court would also like to hear the grounds that you intend to argue for your appeal as well. You must deal with the fine or sentence that was imposed on you before your appeal is granted. By way of recognisance a person may deal with their fine without having to pay for it all at once before your appeal is heard.

6. Recognizance and bail pending appeal

Dealing with the sentence and fine must be done in certain ways before the appeal can be heard. You may ask the court not to make you pay the fine before allowing your appeal. This is called an order for recognizance. If jail time was imposed you can ask the court to grant bail pending the appeal.

7. Errors and Mistakes in favor of defence / cop does not show up to court