Being charged with a crime in British Columbia can feel overwhelming, but a charge is not a conviction. After charges are approved, the case moves through several possible stages, including release, a first court appearance, disclosure, plea discussions, pre-trial proceedings, and potentially trial or sentencing.
This guide explains the general process after criminal charges are laid in BC. Every case is different, and the right next steps depend on the allegations, evidence, court process, and your personal circumstances. For advice about a specific case, speak with a criminal defence lawyer in Vancouver.
How criminal charges are laid in BC
In British Columbia, police investigate alleged offences and gather evidence. If police believe charges may be appropriate, they prepare a Report to Crown Counsel (RCC) for the BC Prosecution Service.
Crown counsel then independently assess whether to approve charges. They generally consider whether there is a substantial likelihood of conviction based on the available evidence and whether a prosecution is required in the public interest.
If Crown counsel approve charges, the formal court process begins when an Information—the charging document—is sworn at the court registry.
Crown counsel may decide to:
– Approve criminal charges
– Approve different or fewer charges than police recommended
– Decline to approve charges
– Consider an alternative to prosecution in appropriate circumstances
What happens if you are arrested?
If police arrest you, they must generally tell you why you are being arrested and advise you of your right to speak with a lawyer. You should clearly state that you want to speak with a lawyer before answering questions.
You do not need to explain your side of the case at the police station. Anything you say may later become part of the evidence considered by the Crown and the court.
If you are released from custody, carefully review and follow every condition on your release documents. Release may occur through an appearance notice, promise to appear, undertaking, recognizance, or release order. Failing to follow release conditions can lead to additional legal consequences.
What is a bail hearing?
If you are held in custody after being charged, the next step may be a bail hearing, also called a judicial interim release hearing. The court decides whether you can be released while your case proceeds and, if so, on what conditions.
A bail hearing is not a trial. The court is not deciding whether you are guilty or innocent. It is deciding whether release is appropriate and what conditions are necessary.
Possible release conditions may include:
– Living at a specific address
– Having no contact with certain people
– Not attending certain locations
– Surrendering passports or weapons, where applicable
– Reporting to police or a bail supervisor
– Abstaining from alcohol or drugs, where relevant
– Following a curfew or other conditions set by the court
If you are released, follow every condition exactly. If you believe a condition is unworkable, speak with your lawyer before changing your behaviour or missing a requirement.
What happens at your first court appearance?
Your first appearance is usually a brief administrative court appearance. It is not a trial, and you are not expected to present evidence or prove your innocence at that stage.
At the first appearance, the court will generally:
– Confirm the charges against you
– Confirm that you understand the allegations
– Address whether you have legal counsel
– Deal with scheduling and procedural matters
– Address Crown disclosure, if it is available
Most criminal cases in BC begin in Provincial Court, although some serious matters may proceed in BC Supreme Court.
What is Crown disclosure?
After charges are approved, Crown counsel must provide disclosure to the accused or their lawyer. Disclosure is the information and materials the Crown intends to rely on in the prosecution.
Disclosure may include:
– The Information listing the charges
– Police reports and officer notes
– Witness statements
– Photographs, video, or audio recordings
– Text messages, emails, or other digital evidence
– Forensic or expert reports
– The Crown’s initial sentencing position, where applicable
Review disclosure carefully with your lawyer. It helps identify the Crown’s theory of the case, the evidence relied upon, potential legal issues, and possible defence options.
Do you have to plead guilty right away?
No. A first appearance is not the time to decide guilt or innocence. You generally have the right to take time to review disclosure and obtain legal advice before entering a plea.
A guilty plea means accepting responsibility for the offence and results in a conviction. It also means there will not be a trial on that charge.
Before pleading guilty, it is important to understand:
– The elements of the offence
– The evidence in disclosure
– The Crown’s position on sentencing
– The available defences or legal issues
– The possible consequences of a conviction
– Whether alternatives to a trial or conviction may be available
Never plead guilty simply to “get it over with” without understanding the disclosure and the consequences.
What happens after you plead not guilty?
If you plead not guilty, the case moves toward trial. The court will schedule further appearances and set dates for the steps needed to prepare the case.
Depending on the charge and how the case proceeds, this may include:
– Further disclosure
– Crown and defence discussions
– Pre-trial conferences
– Applications about evidence or procedure
– A preliminary inquiry, in some Supreme Court cases
– Trial preparation
– Trial
At a preliminary inquiry, the judge does not decide whether you are guilty or innocent. The judge considers whether there is sufficient evidence for the case to proceed to trial in BC Supreme Court.
What happens at a criminal trial?
At trial, the Crown presents its case first. The Crown may call witnesses and introduce evidence such as documents, photographs, video, recordings, or physical exhibits. The defence can cross-examine Crown witnesses.
After the Crown’s case, the defence may choose whether to call evidence. The defence is not required to call the accused or any witnesses. The Crown and defence then make closing arguments, and the judge or jury decides the verdict.
The Crown must prove the charges beyond a reasonable doubt. A person is presumed innocent unless the Crown meets that burden.
What happens if you are found guilty?
If the court finds you guilty, the next step is sentencing. In some cases, sentencing occurs immediately; in others, the court schedules a separate sentencing hearing so the Crown and defence can provide relevant information.
At sentencing, the court considers the offence, the circumstances of the offence, the offender’s background and circumstances, and the relevant legal principles. BC judges base sentencing decisions on legal principles and the appropriate range for the particular offence and offender.
Possible outcomes vary significantly depending on the offence and circumstances. They may include a discharge, fine, probation, conditional sentence, intermittent or consecutive custody, or another sentence permitted by law. A lawyer can explain the options that may apply to a specific case.
What happens if you are found not guilty?
If the judge or jury finds you not guilty, you are acquitted and the case ends. An acquittal means the Crown did not prove the charge beyond a reasonable doubt.
In some circumstances, a party may seek to appeal a decision. The available appeal route depends on the type of case, the court, and the decision being challenged.
How long does a criminal case take in BC?
There is no single timeline. Some matters resolve quickly, while others take months or longer depending on the complexity of the allegations, disclosure, court availability, pre-trial issues, and whether the case proceeds to trial.
BC court materials describe criminal cases as involving stages such as charges, bail, initial appearance, arraignment, preliminary inquiry, pre-trial conference, trial, and sentencing.
The most important step is not to miss a court date. If you cannot attend, contact your lawyer or the court as soon as possible. Missing court can lead to a warrant for your arrest.
What should you do after being charged?
If you have been charged with a crime in BC:
– Do not discuss the case publicly. Avoid discussing it with friends, family, coworkers, or on social media.
– Keep every court document. Save your release documents, court dates, disclosure, and any correspondence.
– Follow all release conditions. Even a condition that seems inconvenient can have serious consequences if breached.
– Do not contact witnesses or alleged victims if a no-contact condition applies.
– Get legal advice early. A lawyer can review disclosure, identify issues, explain your options, and help you prepare for the next stage.
– Attend every court appearance. If attendance is required and you cannot attend, seek advice immediately.
How a criminal defence lawyer can help
A criminal defence lawyer can review the disclosure, assess the Crown’s evidence, identify legal and procedural issues, advise you on release conditions, explain plea options, negotiate with Crown counsel where appropriate, and prepare your case for trial.
Desbarats Law represents clients facing serious criminal matters, including drug offences, violent offences, white-collar crimes, regulatory offences, and property seizure matters. If you are facing criminal charges in Vancouver or elsewhere in British Columbia, contact Desbarats Law to discuss your situation and next steps.
Disclaimer
This article provides general information about the criminal process in British Columbia. It is not legal advice and does not create a lawyer-client relationship. Criminal law is fact-specific, and the appropriate steps depend on the allegations, evidence, and circumstances of each case. Speak with a qualified criminal defence lawyer for advice about your situation.