Generally speaking, anyone who knows that a crime has been committed can report it by filing a police report. However, the Crown prosecutor ultimately makes the decision about whether to bring criminal charges.
Moreover, once the minor files the police report, the police will likely contact the minor’s parents and involve them in the case. Anyone who reports a crime—including a minor—can later ask the police whether or not prosecutors brought charges against the accused. If someone has filed a police report against you or is pressing charges against you, you need experienced legal counsel on your side. At Bourdon Defence, our legal team can examine what happened in your case and look at all the options you have available to you.
Calgary Criminal Procedure
Calgary prosecutors pursue criminal cases under the Criminal Code of Canada. The majority of criminal cases proceed in much the same manner. In many cases, the alleged victim will file a police report at the local police station or with a prosecution service. These complaints can be in writing or verbal. Once you file a report, the police will undertake a full investigation of the incident in order to try and figure out what happened. Once the police have completed their investigation, the case is ultimately turned over the public prosecutor’s office having jurisdiction over the case (i.e., depending upon where the alleged incident occurred). A public prosecutor then decides whether enough evidence exists to bring criminal charges against the accused.
Going to Court
After someone files a police report, an investigation completed, and charges brought, the Crown prosecutor assigned to the case will handle the case in court and at any criminal trial. During a trial, the individual who reports the crime (typically the alleged victim) may act as a witness in the prosecution’s case. The alleged victim may be called to the stand to testify about what happened, what the accused did or did not do, and about any personal injuries or property damage sustained during the alleged incident. During a criminal trial, the following will also take place:
- The presiding judge will listen to all of the evidence presented by both sides in court.
- The presiding judge will rule on the admissibility of evidence presented during the criminal trial.
- The judge or the jury will decide the case. Juries are reserved only for cases that involve serious crimes.
In some circumstances, if the accused does not like the trial result, he or she may be able to appeal the case to a higher court.
Call a Calgary Criminal Defence Lawyer About Your Case Today
Filing a police report is the beginning of a criminal case. If someone has filed a police report and you now face criminal charges, the experienced lawyers at Bourdon Defence may be able to help. To schedule a free consultation and case evaluation with a Calgary criminal defence lawyer, please call us today at (403) 474-4143, or contact us online.