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What is a Crown Pre-trial and Judicial Pre-Trial?

What is a Trial?


A trial is initiated when your case cannot be resolved favorably at either the Crown pretrial or judicial pre-trial stages. The trial begins with the Crown presenting its case through the testimony of its witnesses. As your legal representatives, Randall Baran and Marcel Buchler will have the opportunity to cross-examine each witness called by the Crown. With over 30 years of experience as trial lawyers and former Federal Prosecutors, Baran and Buchler have honed effective cross-examination strategies that can weaken the Crown's case against you while eliciting evidence beneficial to your defence.


Once the Crown concludes its case and presents its witnesses, you will have the opportunity to present your defence by calling your witnesses, if you choose to do so. As the accused, you are not obligated to testify or even call witnesses. Well before a trial commences, Randall Baran and Marcel Buchler will confer with any potential witness you may wish to call to assess their suitability and effectiveness as a witness at trial.



Many accused individuals are apprehensive about testifying. The legal team at Baran, Buchler will make every effort to determine if the case can be won without the necessity of calling you or any other witness to the stand. It's essential to remember that the burden of proof lies with the Crown Attorney to demonstrate guilt beyond a reasonable doubt. You bear no such burden. At the trial's conclusion, a mere suspicion of guilt or even probable guilt will not result in a conviction. Instead, such a situation will lead to a verdict of acquittal. Trust Baran and Buchler's seasoned expertise to navigate the legal complexities of a trial and work towards the most favorable outcome.


What is a Crown Pre-trial?


A Crown pre-trial represents a formal discussion between Randall Baran, Marcel Buchler, and the Crown Attorney. This conversation serves to address various issues, such as the potential existence of any outstanding disclosure. Importantly, it also facilitates negotiations aimed at resolving the charges in a manner most beneficial to you.


It should be noted that the decision to withdraw charges rests solely with the Crown Attorney, who maintains absolute discretion in this matter. However, with a seasoned team of criminal defence lawyers like Baran and Buchler, you substantially increase your chances of reaching a resolution expeditiously, thereby potentially avoiding the expenses and stresses associated with proceeding to trial.


Baran and Buchler's extensive experience in criminal law positions them to present your case most effectively. They approach the Crown pre-trial equipped with not only your perspective of the incident but also relevant and influential case law that may assist the Crown Attorney in exercising their discretion favorably towards you. Trusting experienced professionals like Baran and Buchler can significantly enhance your chances of a satisfactory resolution.


What is a Judicial Pre-Trial?

A judicial pre-trial typically comes into play when your case cannot be resolved during the Crown pre-trial phase or when handling more serious cases. This process mirrors the Crown pretrial, discussing potential resolutions and addressing any remaining Crown disclosure. The distinguishing feature of a judicial pre-trial is the presence of a judge who can provide guidance in facilitating a resolution.


It's crucial to remember that the vast majority of cases do not proceed to trial, and only a select few ever reach this stage. With over three decades of experience and backgrounds as former Federal Prosecutors, Randall Baran and Marcel Buchler are well-equipped to present your case optimally before a judge. The judge's input can be instrumental in encouraging the Crown to examine its case from a different perspective or even suggesting a lack of a reasonable prospect of conviction should the case proceed further.


The representation of an experienced legal team, like Baran and Buchler, who are thoroughly prepared for the judicial pre-trial, is essential to presenting your case in the best possible light. Avoiding unnecessary legal expenses associated with a trial is in your best interest if your case can be resolved favorably during the judicial pre-trial stage, or even earlier at the Crown pretrial. Our team works tirelessly to seek resolutions at these earlier stages, saving you time, stress, and financial resources.


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