Going to court can feel intimidating, especially when living with a brain injury. Understanding what to expect, how to behave, and who does what in a courtroom can help you feel more prepared and confident. This guide walks you through courthouse basics, courtroom rules, helpful tips, and the roles of everyone involved.
A courthouse is a place where judges, and sometimes juries, decide if someone has broken the law.
It starts with someone allegedly breaking the law, which is reported to the police. If police believe there is sufficient evidence of a crime, they lay a charge or charges. The person who is charged becomes the defendant. Police or a Prosecutor may want to interview a defendant — a defendant should NEVER speak to police or a Prosecutor without first getting advice from their lawyer.
Once charged, a defendant has a choice to plead guilty or not guilty, and then a trial occurs.
When you arrive at the courthouse:
Inside the courtroom — Do's and Don'ts:
You might be asked about things you do not remember or about things that did not happen. If you do not remember, say "I do not remember." Do not guess. If you know something never happened, say so. If you forget the order in which things happened, that is okay. The most important thing is to tell the truth.
If you begin to feel overwhelmed and need a break, let your lawyer know. It is easy to get confused if you are asked too many questions at once. You can ask your lawyer to make sure you are only asked one question at a time.
The Role of the Judge
The judge listens carefully to everything said in court and decides whether a law has been broken. The judge hears all the witnesses and puts all the pieces of information together — like a puzzle — before making a final decision on whether the accused is guilty or not guilty.
The Role of the Crown Attorney / Prosecutor
The Crown Attorney is the person who prosecutes the accused. In court, you may hear the Crown Attorney refer to the defence lawyer as "my friend." This is simply a term of professional respect — not a personal friendship.
The Role of the Defence Lawyer
The defence lawyer's job is to help the accused. If you have been charged with a crime, a defence lawyer will represent you.
The Role of the Court Clerk
The court clerk helps the judge. When the judge enters, the clerk says "All rise," which means everyone must stand. The clerk reads out the charge at the beginning of the trial and may ask if you promise to tell the truth — if so, say "I do."
The Role of the Court Reporter
The court reporter's job is to record everything that is said in the courtroom.
Where Everyone Sits:
Role of Witnesses
People who were present during the alleged crime will be asked to tell what they saw or heard. If you do not understand a question, say "I don't understand." If you still do not understand after it is repeated, ask for it to be said in a simpler way.
Role of the Jury
Sometimes, instead of the judge, a jury of 12 people decides whether the accused is guilty. The jury listens to all the witnesses and makes a decision together.
Information adapted from: What's My Job In Court and Ontario Court – Etiquette Procedures.
Court can feel fast and overwhelming. These reminders can help you stay focused, communicate clearly, and get the accommodations you need.
If you do not remember something, say so. If something did not happen, say so. Never guess — honesty is the most important thing.
Let your lawyer or duty counsel know about your brain injury and any needs ahead of time so the right supports can be arranged before court begins.
Give yourself extra time to get through security, find the right courtroom, and settle before proceedings begin. Being rushed adds stress.
Knowing what to expect and preparing in advance can make a big difference on the day. Use this checklist to feel more ready and in control.
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Preparing for a meeting with your lawyer can feel overwhelming when living with a brain injury. This guide offers practical information, strategies, and tools to help you communicate clearly, feel more confident, and get the support you need during criminal court proceedings.
Sharing information about your history, struggles and things that help you, will support your ability to self-advocate. This information is important to educate your support circle or legal counsel.
While it may feel embarrassing, overwhelming or scary to share information, it will help ensure you get fair and equal access to justice and legal support. Talk to your lawyer about what kind of information will be helpful in your legal process.
The questions below are designed to help you think about what you need. Make notes and bring them to your lawyer’s appointment so they can better understand how to share information with you.
To help others understand your specific challenges and needs, circle, highlight or check off what challenges affect you.
Next, circle, highlight or check off the strategies that are helpful to you.
You are the expert of your own situation — add strategies and tools we haven’t listed that you find helpful.
Use this printable PDF as a reminder of how to cope with difficult challenges and share it with your lawyer or any persons in your support network.
📄 Download Printable PDFBrain injury can result in challenges with aspects of communication such as Listening, Understanding and Remembering, Listening and Hearing, Thinking, Speaking and Communicating, and Social Communication.
These challenges can make it harder to follow conversations, remember details, organize thoughts, find the right words, and understand social cues — especially in stressful or noisy environments.
Why these challenges matter in the justice system: Legal conversations are often fast, use complex terms, and happen under stress. Clear communication is essential for understanding what is happening and advocating for yourself.
What Can You Do?
Complete these questions when you are with your lawyer. You can either print them (PDF), or fill them out online, save and email the form.
If you are recording your answers on paper, be sure to take a picture and save it to your phone, or upload it to a cloud system.
Remember:
Always ask permission of participants before recording a meeting.
Helpful Video: How to Prepare for a Virtual Court Meeting
These dollar store items can help with stress in situations which may cause you anxiety. Have these items nearby to help reduce anxiety and improve focus.
Breath mint & Hand lotion
Breath mints can be grounding tools. Once you put it in your mouth, focus on the taste and coolness. This also works with hand lotion — as you put it on, focus on how it feels on your skin. Works with both scented and unscented cream.
Stress Balls
Stress balls can help alleviate nervous energy. Try rolling the ball across your leg or arm, or squish it between your hands. Try a variety of squish balls with different weights, textures, and ones that make noise to see what works best for you.
Coil bracelets and Rubber Bands
If you are easily distracted, try wearing elastic bands or coil bracelets on your wrists. The snapping of the rubber bands can help decrease unwanted thoughts, alleviate anxiety and help you focus.
Cold Water & Ice Pack
If you become overwhelmed, overheated, dizzy, light-headed, irritated, or anxious, try an ice pack or drink a cold glass of water. The temperature change can help bring down your emotional stress level.
Here are some helpful technology tips and tools to help you stay organized during your legal process.
Helpful Videos for Staying Organized:
Small adjustments can make a legal meeting feel more manageable, less stressful, and easier to follow. These ideas can help you prepare ahead of time and communicate what supports you need.
Bring notes, questions, reminders, or keywords with you so you do not need to rely on memory in the moment.
A quieter room, fewer distractions, and a calm environment can make it easier to listen, process information, and respond.
It is okay to ask for shorter explanations, repetition, or written follow-up so important details feel clearer and easier to manage.
Taking a few minutes to prepare before a meeting can reduce stress and help you feel more in control. Use this simple checklist to get ready in a way that works for you.
416-830-1485