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Preparation for Trial in Youth Criminal Justice Court

 

A lot of a lawyer's work is preparation. An experienced lawyer doesn't just show up for trial. Your lawyer needs to put a lot of work into preparing Charter applications and preparing cross-examinations of police witnesses.

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Your lawyer will need to meet with you one or two times before the setting of the trial date to interview you, review the disclosure, and determine the legal issues that should be litigated. There may be Charter of Rights sections with which the police did not comply. There may be provisions of the Youth Criminal Justice Act that limit police powers or render evidence not admissible. Statement voluntariness may need to be litigated. Your exclusion of evidence application may require Notice to the Crown. 

 

Your lawyer may need to retain an expert witness. Generally speaking, witnesses are limited to giving evidence about what they have actually observed. Only a properly qualified expert witness can give opinion evidence. Retaining the right expert and properly identifying his or her specific field of expertise may be crucial to your case. The Crown will need to be served with an expert notice and cv for your expert.

 

Someone may need to take photographs of the scene of the incident, probably a professional photographer.

 

Your lawyer will spend many hours going over the disclosure again and again preparing cross-examination of the Crown witnesses and examination-in-chief of your own witnesses. Subpoenas may be required.

 

If there is a possibility of you giving evidence during the trial your lawyer will need to hear what you have to say in detail again and again. Your lawyer will explain what sorts of cross-examination you may expect from the Assistant Crown Attorney.

 

Your lawyer will need to meet with you to discuss strategy. 

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