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| Patrick Ducharme |
Apart from what can be learned about the evidence and the person charged, the prospect of detention prior to trial may change the complexion of the trial process. An accused who is in custody prior to trial is an accused that is much less available to counsel during preparation for trial.
An accused in custody will not be able to work and may be compromised financially. An accused in custody often has greater incentive to resolve his case by way of guilty plea, fearing that more time will be spent in custody prior to trial than might be imposed upon a finding of guilt at trial. Time and money are wasted because the defence lawyer must attend a custodial facility to meet with his client. Many lawyers believe that privacy between lawyer and client is also compromised in some custodial locations.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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