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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)
Revision as of 00:32, 20 November 2015
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#'''the particulars''' (the written reports by the police officers and witnesses); and | #'''the particulars''' (the written reports by the police officers and witnesses); and | ||
#'''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 | #'''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 will have a criminal record and a penalty (sentence). Both these 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. | 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 will have a criminal record and a penalty (sentence). Both these 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. | ||
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==How do you plead guilty?== | ==How do you plead guilty?== | ||
If | If you review the particulars and then decide to plead guilty, it’s fairly straightforward. You get an official document telling you when you have to appear in court for the sentencing. On that date, dress neatly and go to court, at least 30 minutes early. You may want to speak to Duty Counsel before you plead guilty. Duty Counsel can speak on your behalf during the sentencing if you wish. If you want to plead guilty, then find the Crown and tell them what you want to do. | ||
During the sentencing hearing, the Crown will tell the judge about the facts of the offence, usually reading from the police report and witness statements. Listen carefully, because if you disagree with anything, you can say so later. In fact, you can plead guilty only if you agree with all the important facts. For example, if you agree that you hit your spouse, you could plead guilty to an assault charge. But if you hit your spouse only after your spouse punched and kicked you first, and that part is not in the police report, then the judge may not accept a guilty plea. Instead, he or she may order a trial. Or the particulars may say you punched someone, but you say you only pushed them. In these types of cases, you have to tell the court what happened and explain that you disagree with what the Crown said. The Crown and the judge have to decide whether to accept your version of the events. | During the sentencing hearing, the Crown will tell the judge about the facts of the offence, usually reading from the police report and witness statements. Listen carefully, because if you disagree with anything, you can say so later. In fact, you can plead guilty only if you agree with all the important facts. For example, if you agree that you hit your spouse, you could plead guilty to an assault charge. But if you hit your spouse only after your spouse punched and kicked you first, and that part is not in the police report, then the judge may not accept a guilty plea. Instead, he or she may order a trial. Or the particulars may say you punched someone, but you say you only pushed them. In these types of cases, you have to tell the court what happened and explain that you disagree with what the Crown said. The Crown and the judge have to decide whether to accept your version of the events. | ||
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*[http://www.legalaid.bc.ca/publications/pub.php?pub=25 If You Are Charged with a Crime] | *[http://www.legalaid.bc.ca/publications/pub.php?pub=25 If You Are Charged with a Crime] | ||
*[http://www.legalaid.bc.ca/publications/pub.php?pub=98 Representing Yourself in a Criminal Trial] | *[http://www.legalaid.bc.ca/publications/pub.php?pub=98 Representing Yourself in a Criminal Trial] | ||
*[http://www.legalaid.bc.ca/publications/pub.php?pub=110 Speaking to the Judge Before You | *[http://www.legalaid.bc.ca/publications/pub.php?pub=110 Speaking to the Judge Before You're Sentenced] | ||
==Summary== | ==Summary== | ||
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[updated | [updated November 2015] | ||
'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.''' | |||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
{{Dial-A-Law_Navbox|type=crim}} | {{Dial-A-Law_Navbox|type=crim}} | ||
