#Acquittal vs not guilty trial
As one example, a lawyer may have a witness who, before the trial begins, agrees to provide a testimony in court that will confirm the guilt of the accused. On the other hand, a stay of charges can occur due to various legal complications. Any charges laid against the first person will be dropped and withdrawn because he is not the suspect being pursued. For example, the court discovers that someone was arrested because he bears a resemblance to another person who is wanted for a criminal act, but within a few hours, the actual suspect is apprehended. The biggest difference between a stay of charges and having charges withdrawn is the intent. A Crown Stay can be called for a number of different reasons, as opposed to the Charter Stay, which is specifically focused on preventing a violation of rights for the accused. The second type is known as the “Crown Stay,” and this is what happens when the lawyers and judge reach a consensus and decide that it may be better to halt the trial, rather than proceed. The first is a “Charter Stay” that is called for when it is believed that if the current trial proceeds, the Charter Rights of the accused may be violated in some way. So, what would have to happen in order for a stay of charges to occur? And why decide to go with a stay of charges, rather than simply withdraw a case if the decision is to cancel a trial anyway? The Types of StayĪ stay of charges can arise from two causes. Of course, a stay of charges is extremely rare, and this isn’t something that happens every day in Canadian trials. It is only if the charges are wholly withdrawn that a person who has been arrested can be considered “clear,” with no further expectation of a future trial or verdict. Even if the current trial has been discontinued, the charges themselves are, in a sense, “still in play.”Īt any time, a court may change its mind, and decide to continue with a new trial, in order to finally get resolution on a verdict of guilty or not guilty. However, it is crucial to note that a stay of charges is not a cancellation. In other words, the trial and the need to reach a verdict is “put on hold.”Ī stay of charges effectively means that the trial is not going to go forward, and that, at least for the moment, there is going to be no further court action to seek a verdict. The stay of charges, or stay of proceedings, is a very rare, very specific decision by the court officers, such as the lawyers or judge-not the jury-to halt the trial that is currently underway. It is where the expected legal proceedings can veer in an unexpected direction. The trial is where the stay of charges takes place. If the crime is very serious, such as murder, then bail is usually not an option, and the defendant must await trial in prison. Circumstances may dictate that bail needs to be paid if the defendant wishes to continue with a normal, daily life until the trial begins. The person arrested is brought to a police station, fingerprints are taken, photographs are taken, and the entire arrest process is documented, and entered into the Canadian Police Information Centre ( CPIC) database.ĭepending on the nature of the act, the charges may be criminal, and if they are criminal charges, that may mean there will need to be a resolution in court with a verdict from a judge or jury. The arrest procedure should be familiar to most people, even if the knowledge is gleaned second-hand from television. The police respond, and if they feel there is cause for it, an arrest is made, with charges applied to the person who has committed the act. An event occurs in which there is a firm belief or outright evidence of a breach of the law. We’ll take this step-by-step to get a better understanding of this process. We are going to take a better look at this less common legal decision, and what it means for the people who receive it. One of those decisions is known as a stay of charges or, legally, stay of proceedings. There are a few other decisions that a judge can make, that can “bypass” the verdict a jury may reach. But while a verdict of guilty with appropriate punishment, or an acquittal with the accused resuming normal life are the two most well-known outcomes, they are not the only ones that can take place in a court of law. It is at this trial that the most familiar outcomes for the public are determined: guilty or innocent. The general understanding of the legal and court system in Canada is that once a person is arrested and charged, there is eventually a trial.
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