Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"

If a person breaches the peace bond, a criminal charge may be laid against the bonded person. Peace bonds are sometimes used  as alternatives  to criminal charges like uttering  threats  (s 264.1), criminal harassment (s 264), and minor assaults (s 266). The benefit to the client is that formal criminal charges are dropped. The benefit to the complainant is that the no-contact condition of a peace bond addresses his or her concerns without raising the uncertainty and possible trauma of a trial. A client should be advised that while a peace bond is not a criminal record, it may affect future hearings, travel outside the country, and decisions concerning custody.

A guilty plea is appropriate when:

*diversion is not granted,

There tend to be two broad strategies for presenting an accused person’s circumstances. With first time offenders this typically involves presenting the lead-up to the offence as a unique set of unusual circumstances that caused a momentary and exceptional loss of control, and then showing what has changed in the life of the accused to avoid a similar set of unusual and exceptional circumstances. The accused should seek to show the court that the problem has already been cured and will not recur, and such a harsh sentence is unnecessary. With repeat offenders, it is more strategic to present the disadvantageous life circumstances, such as lack of family support or lack of employment/educational opportunities, which may have contributed to the offence being committed. The accused should then show that he/she has changed his or her outlook and is seeking to turn his/her life around.  This involves in part an understanding of an accused person’s own situation, and an understanding of the severity of the offence.

== E.Types of sentences ==