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Difference between revisions of "Pleading Guilty to a Criminal Charge"
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Pleading Guilty to a Criminal Charge (view source)
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#'''the initial sentencing position''' (what the Crown suggests for the sentence if you plead guilty). Review this material, with a lawyer if possible. There is usually a lawyer available at the courthouse, called '''Duty Counsel''', who may be able to help you at no cost and review the particulars with you. You may also wish to hire a lawyer for that purpose. | #'''the initial sentencing position''' (what the Crown suggests for the sentence if you plead guilty). Review this material, with a lawyer if possible. There is usually a lawyer available at the courthouse, called '''Duty Counsel''', who may be able to help you at no cost and review the particulars with you. You may also wish to hire a lawyer for that purpose. | ||
If you are charged with a criminal offence, your first reaction may be to plead guilty and get it over with. If you plead guilty, you | If you are charged with a criminal offence, your first reaction may be to plead guilty and get it over with. If you plead guilty, you could receive a criminal record and a penalty (sentence) such as jail time, a fine, or probation. These things can seriously affect you. A criminal record can prevent you from traveling to other countries, getting certain jobs, being bonded (which some jobs require), and applying for citizenship. Check script [[Criminal Records and Applying for a Record Suspension (Script 205)|205]], called “Criminal Records and Applying for a Record Suspension”, for more information. | ||
Even if you believe you are guilty, it’s still all right to plead not guilty, and make the Crown prove the case. The law presumes that you are innocent, and the Crown must prove that you are guilty. On the other hand, if you know that you are guilty and that the Crown can prove it, you may want to plead guilty and avoid an unnecessary trial. You should discuss your case with a lawyer before deciding what to do. | Even if you believe you are guilty, it’s still all right to plead not guilty, and make the Crown prove the case. The law presumes that you are innocent, and the Crown must prove that you are guilty. On the other hand, if you know that you are guilty and that the Crown can prove it, you may want to plead guilty and avoid an unnecessary trial. This could result in the judge giving you a lighter sentence. You should discuss your case with a lawyer before deciding what to do. | ||
==Important considerations== | ==Important considerations== | ||
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If you have any previous convictions, the Crown may ask you if you admit them. If you don't admit them, the Crown will get an opportunity to prove them. | If you have any previous convictions, the Crown may ask you if you admit them. If you don't admit them, the Crown will get an opportunity to prove them. | ||
The Crown will suggest to the judge what sentence should | The Crown will suggest to the judge what sentence you should get. For example, the Crown may suggest you have counseling or no contact with someone. You don't have to agree, and the judge does not have to follow the Crown’s suggestions—even if you agree with them. The judge can give you a different sentence. | ||
Once the Crown is finished making their submissions, it is your turn to speak to the judge. | Once the Crown is finished making their submissions, it is your turn to speak to the judge. | ||
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The judge may ask and you may discuss whether there were any problems that contributed such as addictions, anger problems, and financial problems and whether these things are still a problem and whether counseling or treatment is necessary. | The judge may ask and you may discuss whether there were any problems that contributed such as addictions, anger problems, and financial problems and whether these things are still a problem and whether counseling or treatment is necessary. | ||
Try to get a letter from your employer or family friend that knows about your situation. If they can say something good about you, it may help the judge have a good opinion of you. For example, if you were unemployed when you committed the | Try to get a letter from your employer or family friend that knows about your situation. If they can say something good about you, it may help the judge have a good opinion of you. For example, if you were unemployed when you committed the offence and that was partly why you did it, but you now have a steady job, it will show the court you are working to improve your behavior. | ||
If alcohol or drugs contributed to your actions, but you can show the court a letter from the local Alcoholic Anonymous or Narcotics Anonymous group saying that you have been attending regular sessions, it will help when the judge decides what penalty to give you. | If alcohol or drugs contributed to your actions, but you can show the court a letter from the local Alcoholic Anonymous or Narcotics Anonymous group saying that you have been attending regular sessions, it will help when the judge decides what penalty to give you. | ||
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[updated | [updated March 2018] | ||
'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | '''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | ||
