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Law.Hut
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I would like my friend, (a certifed, practising B.C. lawyer)

Customer Question

I would like my friend, (a certifed, practising B.C. lawyer) to represent me at my B.C. arraignment, and act as Surety for me (in the matter of Possession of a Break-In Instrument). Will the judge release me then-&-there, in the courtroom, to my lawyer friend, or are there additional procedures & paperwork that must be followed, that would necessitate me returning to the cells for a period of time??
Submitted: 1 year ago.
Category: Canada Law
Expert:  Law.Hut replied 1 year ago.
Hello:

You would likely need to return to the cells for short period of time while the paperwork is being prepared. You will need to sign an undertaking or recognizance that sets out the terms of your release, and the court clerk will need some time to have that prepared. This would likely be done within an hour or two after your appearance in court, at which time you would be formally released.
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Category: Canada Law
Satisfied Customers: 7845
Experience: with over 15 years experience.
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Customer: replied 1 year ago.

Thanks for that good info. --Now what do you say to this possibility: --There is a warrant out for me in B.C. (now 5 years old). I intend to show up for arraignment [some day] with my lawyer friend for arraignment, & would greatly prefer to **NOT** be booked and jailed before arraignment --just appear with my lawyer, & advise Crown Counsel that I'm finally here.


 


Do you think Crown will cooperate, and say, "OK, both of you just show up in 20 minutes' time [at 9:00AM] in Courtroom 101" [This is in Surrey]--or will they be pricks about it, and insist that I be booked, fingerprinted and jailed before arraignment?


 


I don't want to spend a moment longer than I have to in custody; which is part of the reason why this matter is 5 years old now. (I now live in the U.S. --Las Vegas, NV.)


 


Finally: do B.C. Warrants (for misdemeanors) ever expire? --they are only good for 5 years in Whatcom County, Washington State....I'm hoping the B.C. warrant dies or died at some point.


 


Thank you so much for your help.


 


P.S. My charges are: possession of a break-in instrument & Violation of a B.C. Peace Bond.

Expert:  Law.Hut replied 1 year ago.
The warrant will never expire by passage of time in Canada.

You cannot just show up and demand that the matter be heard in court immediately. You or your lawyer can contact chrome prosecutor ahead of time and arrange to have the charge before the court on a certain date. You can then attend on that date, the warrant will be canceled, and the charge can be dealt with, either by way of a guilty plea or setting it down for a trial.

If you simply show up, chances are the prosecutor will have you arrested, and you will then be brought before the court at the next sitting, which could potentially be the following day, or after a weekend. So you want to arrange for the charge to be in court I had of time, and you can then attend court voluntarily and I want can be canceled.

It is possible that the prosecutor will refuse to have the matter brought into court in this manner. There is no real valid reason for refusing, but they could simply choose to be difficult. That would be unusual, as in my experience most prosecutors are very professional. But in that case you have no choice if you want to deal with the matter other then to surrender yourself to the police. You're going to want to do so early in the day on a Monday, so that you can be brought to court as soon as possible and reduce any risk that you will be held in custody overnight. In that case the prosecutor could also oppose your release from court. But it would be very, very unusual that you would not be granted release on these types of charges, which are very dated, and given a voluntary surrender to police there would be no credible suggestion that you are not going to attend in future for further court appearances.
Customer: replied 1 year ago.


One more last, quick question to end my inquiry about this matter, if you don't mind--& thank you so very much for the valuable information you've provided so far....


 


So my lawyer friend arranges for me [& her] to show up for my arraignment on the 5 year old charges of Possession of a Break-In Instrument + Violation of an 8-11 Peace Bond. --To appear in this matter, I have to travel to Canada, and somehow get over the border without being arrested, (likely via Alberta, or even Sask.) & then make my way to Surrey.


 


We appear for the pre-arranged arraignment. If I plead NG, trial would be set for, what, a year in the future? Clearly a Plea Bargain at arraignment would be much preferable -- perhaps a dismissal of 1 of the charges, & a 'Deferred Prosecution' [or 'conditional discharge'] of the other would be eminently acceptable to me.


 


Do you think that Crown would be willing to negotiate an acceptable plea right THEN & THERE, 'across the aisle', so to speak, with my lawyer friend? --or would the process be more complicated and lengthy?


 


And if an acceptable plea is reached, then-&-there, hopefully I would not be jailed, for even a moment? --That is my fervent desire.


 


---- If the 'Possession of Break-In Instrument' charge is dismissed, I presume that the RCMP (or Canada Customs) would be compelled!!!!! to return my break-in instrument to me, even though possession of it is illegal in Canada? --Or would they likely quote some statute that would prevent them from returning it to me?


 


Again, thank you so very very much for your learned help in this matter. You clearly are an experienced, Southern B.C.-based Criminal lawyer. If you are allowed to identify yourself within this forum, I'd appreciate knowing your name & contact info, in case I end up needing to retain someone other than my friend (who is a West Van-based Family Law lawyer.) My contact info is: XXXXX@XXXXXX.XXX


 


Thank you again.

Expert:  Law.Hut replied 1 year ago.
The plea arrangement can possibly be discussed in advance and agreed upon so that your first court appearance is your last. It is not at all likely you would get a plea agreement that day if you have not discussed it in advance.
More work and time is needed so that the prosecutor can review the matter, consider what is fair, and be prepared to proceed in court.

If the plea arrangement does not involve custody, then you would need to remain at court for an hour or two after he judge passes sentence just to receive any notice or find or probation or so on and then you would be free to leave.

Any prohibited item will be forfeited to the Crown and will not be returned to you.

I am happy to help here but site rules prevent us from giving contact information or representing customers of this site.

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