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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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A criminal conviction can seriously affect the rest of your life. Understand what it means to “plead guilty” to a criminal charge, and learn the steps involved in the process. | A criminal conviction can seriously affect the rest of your life. Understand what it means to “plead guilty” to a criminal charge, and learn the steps involved in the process. | ||
=Understand your legal rights= | ==Understand your legal rights== | ||
==A criminal conviction can seriously affect you== | ===A criminal conviction can seriously affect you=== | ||
No one likes going to court. Some people are terrified at the thought of it. And if charged with a crime, they plan to go in, plead guilty, and get out as fast as possible. That's a normal reaction. But it may also be a big mistake, because a criminal conviction can seriously affect the rest of your life. | No one likes going to court. Some people are terrified at the thought of it. And if charged with a crime, they plan to go in, plead guilty, and get out as fast as possible. That's a normal reaction. But it may also be a big mistake, because a criminal conviction can seriously affect the rest of your life. | ||
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These things can seriously affect you. A criminal record can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship. You may lose your fishing, hunting, or driver’s licence for months, years, or the rest of your life. Having a criminal record could also affect your child custody rights in a family dispute. For more, see our information on [[Criminal Records and Applying for a Record Suspension (Script 205)|criminal records and record suspensions (no. 205)]]. | These things can seriously affect you. A criminal record can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship. You may lose your fishing, hunting, or driver’s licence for months, years, or the rest of your life. Having a criminal record could also affect your child custody rights in a family dispute. For more, see our information on [[Criminal Records and Applying for a Record Suspension (Script 205)|criminal records and record suspensions (no. 205)]]. | ||
==You may be eligible for diversion== | ===You may be eligible for diversion=== | ||
You can avoid a criminal record in certain circumstances. Your case may be eligible to be dealt with through “'''alternative measures'''” (also called '''diversion''') if: | You can avoid a criminal record in certain circumstances. Your case may be eligible to be dealt with through “'''alternative measures'''” (also called '''diversion''') if: | ||
*the charge against you is minor, | *the charge against you is minor, | ||
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=The steps in the process= | ==The steps in the process== | ||
==Step 1. Find out if you qualify for legal aid== | ===Step 1. Find out if you qualify for legal aid=== | ||
After being charged with an offence, contact Legal Services Society to find out if you qualify for a free lawyer under legal aid. Call 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC, or visit [https://lss.bc.ca/legal_aid/criminalLaw.php legalaid.bc.ca]. | After being charged with an offence, contact Legal Services Society to find out if you qualify for a free lawyer under legal aid. Call 604-408-2172 in Greater Vancouver or toll-free 1-866-577-2525 elsewhere in BC, or visit [https://lss.bc.ca/legal_aid/criminalLaw.php legalaid.bc.ca]. | ||
==If you are under age 18== | ===If you are under age 18=== | ||
People under age 18 who have been charged with a crime are automatically entitled to a lawyer at no cost. They also need a parent or guardian to be with them in court at their first court appearance. For more, see our information on [[Young People and Criminal Law (Script 225)|young people and criminal law (no. 225)]] and [[Youth Justice Court Trials (Script 226)|youth justice court trials (no. 226)]]. | People under age 18 who have been charged with a crime are automatically entitled to a lawyer at no cost. They also need a parent or guardian to be with them in court at their first court appearance. For more, see our information on [[Young People and Criminal Law (Script 225)|young people and criminal law (no. 225)]] and [[Youth Justice Court Trials (Script 226)|youth justice court trials (no. 226)]]. | ||
==Step 2. First appearance in court== | ===Step 2. First appearance in court=== | ||
You will have been given a document telling you the date of your “'''first appearance'''” in court. You must go to court at that time and date. If you don’t, a warrant may be issued for your arrest, and you could be charged with an offence (failing to appear in court). | You will have been given a document telling you the date of your “'''first appearance'''” in court. You must go to court at that time and date. If you don’t, a warrant may be issued for your arrest, and you could be charged with an offence (failing to appear in court). | ||
===What happens at the first appearance=== | ====What happens at the first appearance==== | ||
The first appearance date is not a trial. It’s the first step to find out more about the charge against you. The '''Crown prosecutor''' (also known as '''Crown counsel''') will give information about the charge, called “'''particulars'''” or “'''disclosure'''”. This information lists the allegations against you, and what the prosecutor will rely on to prove you are guilty. | The first appearance date is not a trial. It’s the first step to find out more about the charge against you. The '''Crown prosecutor''' (also known as '''Crown counsel''') will give information about the charge, called “'''particulars'''” or “'''disclosure'''”. This information lists the allegations against you, and what the prosecutor will rely on to prove you are guilty. | ||
The prosecutor may also give you their “initial sentencing position”, which is the '''sentence''' (or penalty) they think the judge should give you. | The prosecutor may also give you their “initial sentencing position”, which is the '''sentence''' (or penalty) they think the judge should give you. | ||
===When you arrive at court=== | ====When you arrive at court==== | ||
Make sure you arrive at court on time. If you do not have a lawyer, tell the sheriff you are present. When your name is called, stand up in front of the judge or justice of the peace and introduce yourself. Ask the Crown prosecutor for the disclosure and initial sentencing position. | Make sure you arrive at court on time. If you do not have a lawyer, tell the sheriff you are present. When your name is called, stand up in front of the judge or justice of the peace and introduce yourself. Ask the Crown prosecutor for the disclosure and initial sentencing position. | ||
At this point, ask to '''adjourn''' your case (put it on hold) for as long as you need (or the court will allow) to read the material, talk with a lawyer, and decide on how to proceed. | At this point, ask to '''adjourn''' your case (put it on hold) for as long as you need (or the court will allow) to read the material, talk with a lawyer, and decide on how to proceed. | ||
===Read the material carefully=== | ====Read the material carefully==== | ||
Review the disclosure and initial sentencing position. There may be a difference between what the disclosure says (what the police say you did) and what you believe happened. There may be things missing from the disclosure you believe are important to your case. If so, you can ask the Crown prosecutor to give them to you. | Review the disclosure and initial sentencing position. There may be a difference between what the disclosure says (what the police say you did) and what you believe happened. There may be things missing from the disclosure you believe are important to your case. If so, you can ask the Crown prosecutor to give them to you. | ||
==Step 3. Talk with a lawyer== | ===Step 3. Talk with a lawyer=== | ||
At this point, '''speak with a lawyer''' before you do anything else. A lawyer can tell you about your legal rights and options, how strong the Crown’s case is against you, and what kind of sentence you might get if you plead guilty. | At this point, '''speak with a lawyer''' before you do anything else. A lawyer can tell you about your legal rights and options, how strong the Crown’s case is against you, and what kind of sentence you might get if you plead guilty. | ||
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==Step 4. Decide how to proceed== | ===Step 4. Decide how to proceed=== | ||
In responding to the charge against you, you must decide how to '''plead'''. You can plead “guilty” or “not guilty”. | In responding to the charge against you, you must decide how to '''plead'''. You can plead “guilty” or “not guilty”. | ||
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==Step 5. Prepare for the sentencing hearing== | ===Step 5. Prepare for the sentencing hearing=== | ||
If you decide to plead guilty, your case will go before a judge for sentencing. | If you decide to plead guilty, your case will go before a judge for sentencing. | ||
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If alcohol or drugs contributed to your actions, a letter from the local Alcoholic Anonymous or Narcotics Anonymous group saying you have been attending regular sessions can help when the judge decides what penalty to give you. | If alcohol or drugs contributed to your actions, a letter from the local Alcoholic Anonymous or Narcotics Anonymous group saying you have been attending regular sessions can help when the judge decides what penalty to give you. | ||
==Step 6. The sentencing hearing== | ===Step 6. The sentencing hearing=== | ||
After saying you intend to plead guilty, you will get an official document telling you when you have to appear in court for sentencing. | After saying you intend to plead guilty, you will get an official document telling you when you have to appear in court for sentencing. | ||
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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. | 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. | ||
===The Crown prosecutor’s submissions=== | ====The Crown prosecutor’s submissions==== | ||
During the sentencing hearing, the Crown prosecutor will tell the judge about the facts of the offence, usually reading from the police report and witness statements. Listen carefully. If you disagree with anything, you can say so later. | During the sentencing hearing, the Crown prosecutor will tell the judge about the facts of the offence, usually reading from the police report and witness statements. Listen carefully. If you disagree with anything, you can say so later. | ||
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Once the Crown prosecutor is finished making their submissions, it is your turn to speak to the judge. | Once the Crown prosecutor is finished making their submissions, it is your turn to speak to the judge. | ||
===Your submissions=== | ====Your submissions==== | ||
The judge wants to know why you committed the offence, whether you’ll do it again, and whether you’re '''remorseful''' (sorry). The judge also wants to know whether you need help for any problems. | The judge wants to know why you committed the offence, whether you’ll do it again, and whether you’re '''remorseful''' (sorry). The judge also wants to know whether you need help for any problems. | ||
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The judge may ask and you may discuss whether there were any problems that contributed to your actions, such as addictions, anger problems, or 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 to your actions, such as addictions, anger problems, or financial problems, and whether these things are still a problem and whether counseling or treatment is necessary. | ||
===The sentence=== | ====The sentence==== | ||
After everything is said, the judge will give you a '''sentence''', or penalty. Depending on the offence and your background, it could be a discharge, a fine, probation, or jail. For more on possible sentences, see our information on [[Conditional Sentences, Probation and Discharges (Script 203)|conditional sentences, probation, and discharges (no. 203)]]. | After everything is said, the judge will give you a '''sentence''', or penalty. Depending on the offence and your background, it could be a discharge, a fine, probation, or jail. For more on possible sentences, see our information on [[Conditional Sentences, Probation and Discharges (Script 203)|conditional sentences, probation, and discharges (no. 203)]]. | ||
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=Get help= | ==Get help== | ||
==With your case== | ===With your case=== | ||
If you haven’t done so, contact '''Legal Services Society''' to find out if you qualify for a free lawyer under legal aid. | If you haven’t done so, contact '''Legal Services Society''' to find out if you qualify for a free lawyer under legal aid. | ||
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:Web: [https://www.uvic.ca/law/about/centre/ uvic.ca/law/about/centre] for Victoria or [http://www.lslap.bc.ca/ lslap.bc.ca] for the Lower Mainland | :Web: [https://www.uvic.ca/law/about/centre/ uvic.ca/law/about/centre] for Victoria or [http://www.lslap.bc.ca/ lslap.bc.ca] for the Lower Mainland | ||
==More information== | ===More information=== | ||
'''Legal Services Society''', the legal aid provider in BC, has a number of criminal law publications. They explain your options if you’re charged with a crime, how to represent yourself in a criminal trial, and speaking to the judge before you’re sentenced. | '''Legal Services Society''', the legal aid provider in BC, has a number of criminal law publications. They explain your options if you’re charged with a crime, how to represent yourself in a criminal trial, and speaking to the judge before you’re sentenced. | ||
:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca] | :Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca] | ||
