Difference between revisions of "Pleading Guilty to a Criminal Charge"

You may think you’re guilty when in fact you’re not, because there is a legal defence to the charge that you don’t know about. That is why it is very important that you review the particulars with a lawyer to help you decide what to do. If you think you might be financially eligible for legal aid, and the Crown is asking for jail in the initial sentencing position, then you should apply for legal aid.

If you have a legal defence, you would plead not guilty and a trial date would be set. At the trial, the Crown must prove the allegations of the offence. If you schedule a trial, you will need to retain a lawyer, or else represent yourself. On the other hand, if you do not have a defence and you admit the allegations, your option is to talk to the Crown about diversion, or else plead guilty.

If you have a previous criminal record, even for an unrelated type of offence, you may be facing a stiffer penalty, possibly jail.

Some offences may have a minimum fine or a minimum jail time. For example, if you are charged with impaired driving and are found guilty, your driver’s license will be automatically suspended, even for a first offence.   

You may be eligible for diversion. If so, the criminal charge is dropped, or dismissed.  

What is diversion?

If the charge against you is a relatively minor one and especially if it is your first offence, and you regret what you did, you may be eligible for alternative measures(also known as diversion). Alternative measures programs are managed by a probation office, which deals with charges outside the court system. If the Crown agrees to recommend you for alternative measures and the probation office accepts you for this option, you have to carry out the conditions of an alternative measures contract. This could include community service work or counseling. In return, you will not get criminal penalties or a criminal record and the charge will be dropped.