Court mentions are the first time you have appeared in court despite the extent of your offence. The process of preparing for your participation in court can be very frightening. Indeed, the judicial process can sometimes be long, which involves many steps. Therefore, it is very important that you come to court very well prepared and prepared to present your case in a way that works in your favor. For this reason, seeking professional help from a lawyer can make the process much easier for you. While it`s important, of course, to have a strategy with your attorney before the mention date to get the best possible outcome, an experienced defense attorney will suggest that you be open about how your case will unfold that day. These documents are essential so that your lawyer can advise you on the allegations against you and to plan how you want to proceed when you mention. You may be represented by a lawyer. In general, you should be present in court even if a lawyer is representing you, unless the court gives you permission to be exempted from a trial (also known as a waiver of the accused`s personal presence). You will be summoned to a court of mention when the prosecution is ready to formally charge you. This is also called judicial mention. The date, time and place of the Court of Mention will be indicated in the notice, summons or filing issued to you.
There are often many cases listed on the same day and you have to wait for your name to be called. If you don`t have legal counsel, you can sit in the courtroom or, if the courtroom is full, you can wait outside to make sure you stay close enough to hear the court official call your name. The first date your case goes to court is called the first mention. These are just some of the things that can happen at a hearing in the Magistrates` Court of Victoria. If you have to attend a notice before the district court, you must seek the advice of a lawyer to find out what might happen in your case. If you plead guilty, you declare to the court that you agree with the charges against you and that you committed the crime(s). If there are multiple offences, a guilty plea means that you accept all the charges laid in CAR, the charges against you and the version of police events set out in your fact sheet. The courts are pushing for the case to be resolved more quickly, so it`s important that you have a strategy in place before you mention it. If your case is listed for further mention, you should expect to appear in court, even if you are summoned.
If you are subpoenaed and this is the first mention of your case, you may need more time to properly prepare your case. Your lawyer can ask for an administrative adjournment of the case without you appearing in court. Your case will be adjourned and scheduled for further discussion at a later court date. If you are released on bail, you must ask your bailiff to present the MC to the court on the day of your trial. Other supporting documents such as a medical report, doctor`s certificate or hospital note may also be submitted. The purpose of the first mention is for the court to determine whether or not you are pleading guilty to the crimes listed in the CAN. If you plead not guilty, you declare to the court that you do not agree with the charges against you, that you did not commit the crime(s) or that you have a defence. For example, if the CEO of your company is the accused, he must appear in court in person to face the charges. You cannot appear in court as an agent. Another mention is the second or next list of your charges in court.
After a subsequent mention, the Court will expect that the case has progressed in one way or another, either towards a solution, or towards a clarification of the disputed issues, or towards the notification that all the requested documents have been produced by the police. If you`re unrepresented, it`s hard to predict how long you`ll have to stay in court for a mention, so it may be appropriate to make arrangements with your work or childcare in case you`re there most of the day. You must bring the proxy letter to each hearing. Indeed, the court must ensure that the person appearing before the court is duly authorized and appointed by the organization representing him. If you are charged with offences to be tried by the Magistrates` Court, the court will list your case for mention when the police lay your charges. A judicial reference is mentioned in article 53 of the Code of Criminal Procedure, which is not defined therein. Section 53 only tells you what you can do at a citation hearing. Mentioning something is defined in the dictionary as “briefly and without referring to (something) in detail”.
This defines exactly what a mention hearing is: an opportunity to tell the Court what is going on with the case without going into detail. You cannot appear in court on behalf of a member of your organization if they are charged as an individual. Another mention, also called afterthought, refers to any subsequent mention ordered after the first judicial mention. Another mention is made in circumstances such as: When you are mentioned, the case is adjourned and a date is set for a defended hearing. If you have a lawyer, your lawyer may use the mention as an opportunity to file a plea or request an adjournment before making a plea to get your instructions and give you appropriate legal advice. If you do not appear in court while on bail (also called jumping bail), your bailiff must tell the court if he has taken reasonable steps to fulfill his obligations. If the court does not deem their actions appropriate, it may withhold money or property given as security for the surety. Before mentioning you or mentioning you further, an experienced defense attorney will clearly explain the law and court procedure, advise you on your options, help you prepare for court, and advise you on possible court outcomes. If you think you are late, you should call the court registry and inform them immediately. If you are not present, the court can decide your case without your presence. In certain circumstances, the court may also issue an arrest warrant against you to be brought to justice.
You can also ask for an adjournment if you need time to participate in an intervention or counselling program. This is also something the magistrate or chancellor can take into account when setting a later date for a new mention in your case or for sentencing. The court will order the police to serve you with oral argument. An alternate hearing date (mention) will be set to give you and your lawyer time to read the factum and determine the number of witnesses you wish to call on the day of the hearing and the expected duration of the hearing. If you are out on bail, it will likely be a condition of your deposit to physically attend your mention.