What is the first appearance and what happens there?
Short answer
The first appearance is the first step before the court: the judge reads out the counts, and it is the moment when court proceedings officially begin. If you are in custody, it must take place within 24 hours of the arrest, or as soon as possible after that.
In detail
At the first appearance, three things generally happen. The court informs you of the charges. The question of your release is settled: you either stay in custody or you are released, most often on conditions. And disclosure of the evidence gets under way.
You are also asked to enter a plea, guilty or not guilty. It is common for the case to be put over to a later date so that you can receive the evidence, consult a lawyer and make an informed decision.
The first appearance is not the trial. No evidence is heard, no witness is questioned and no decision on guilt is made at this stage.
What to document
Keep the document you are given in court setting out the exact counts, the court file number, the name of the judicial district and the next date. Write down the conditions imposed, word for word. Note as well the name of the judge and of the prosecutor.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- The judicial process in criminal cases for adults — Gouvernement du Québec
- Criminal Code, s. 503 — Justice Laws Website
Related questions
- What is disclosure of the evidence and how do I get it?
- How long can a criminal case last before it is too long?
- What is the alternative measures program and does it avoid a trial?
- Why can the judge keep me in custody before my trial?
- What happens if I breach my conditions?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.