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The Criminal Process

The Criminal Process From Arrest to Resolution

Reviewed by Michael Murphy, K.C., Senior Counsel · Updated

The criminal process in New Brunswick and Nova Scotia follows one path set by the federal Criminal Code, from the moment of arrest to the day the case ends and beyond it, to the record the case leaves. The court you stand in is provincial, the law applied in it is national, and the stages come in a fixed order. This guide walks that order one chapter per stage, so you can read the stage you are at and see what comes next.

Who This Guide Is For

Anyone charged with an offence in New Brunswick or Nova Scotia, and anyone whose family member has just been arrested and who needs to know what happens tonight and what happens next month. The firm defends criminal charges in both provinces; the criminal defence lawyer page states the charges it takes on.

How the Criminal Process Is Organised Here

The guide follows the case in time. It opens with arrest and the right to counsel, because everything that follows is shaped by what happens in the first hours. It then covers police release and the bail hearing, the first appearance in court, and disclosure, which is your right to see the Crown’s evidence before you decide anything. The middle chapters explain how the Crown’s election sets the mode of trial, the ways a charge can end without a trial, and how a trial actually runs.

The Process Does Not End at the Verdict

The last two chapters cover sentencing, including the principles in section 718 of the Criminal Code, and what a finding of guilt leaves behind: the record, the record suspension that can close it, and what it means at a border. Many people ask about the record last. It is worth reading about it first, because some resolutions leave no conviction at all.

What to Do While You Read

Say nothing about the allegation to police beyond identifying yourself, and get legal advice before you decide anything, including a guilty plea that looks quick and cheap. Those two steps protect you at every stage. If a charge is already laid, contact the firm and bring your paperwork to the first call.

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