Summary
Appealing a criminal court decision in New Brunswick pauses the case until resolved. Changing a plea requires court approval. If a lawyer proposed a plea change without consent, the court will review it. Evidence from Charter breaches can be contested. Appeals after a plea change are possible under certain conditions.Full Conversation
What happens if an accused changes there mind of a change of plea when it’s on record
In New Brunswick, if an accused changes their mind about a plea change that is already on record, they typically need to apply to the court to withdraw the plea. The court will consider if there are valid reasons for the change and whether it serves justice.
Do you need more detailed information about the process or have a specific situation in mind?
What if it was the lawyer that made the proposal and not the accused himself
If the lawyer made the proposal for a plea change without the accused's consent, the accused can bring this to the court's attention. The court will review the situation and determine whether the plea change was valid, considering if the accused understood and agreed to the change.
Do you need more detailed information on how to address this issue in court?
What happens if evidence is not excluded in a drug trafficking case when there was charter breaches and unlawful arrest
Case Rating: *
If evidence is not excluded in a drug trafficking case despite Charter breaches and unlawful arrest, it can significantly impact the outcome. The accused may argue that their Charter rights were violated, and such evidence should be excluded to ensure a fair trial. The court will decide if the evidence should be excluded based on the severity of the Charter breach and its impact on the accused's rights.
Do you need more detailed information on how to address this issue in court?
Would that be through an appeal
Case Rating: *
If evidence was not excluded in a drug trafficking case despite Charter breaches and an unlawful arrest, it can indeed be appealed. The appellate court will review the lower court's decision for any errors.
Do you need more detailed information on how to file an appeal?
Is an appeal still an option after a change of plea
Case Rating: *
In New Brunswick, an appeal can still be an option after a change of plea, but it depends on the specifics of the case. Generally, appealing a plea can be complex and may require showing that the plea was entered involuntarily, without understanding, or under duress.
Do you need more detailed information on how to proceed with an appeal after a change of plea?
TRY ME!
Start a new chat