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Difference between revisions of "Resolving Criminal Matters Prior to Trial (1:VI)"
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Resolving Criminal Matters Prior to Trial (1:VI) (view source)
Revision as of 21:22, 22 August 2023
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! style="font-style: italic;text-align: left;" | Applying to Strike an Entered Guilty Plea | ! style="font-style: italic;text-align: left;" | Applying to Strike an Entered Guilty Plea | ||
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| Legal counsel should bear in mind that accused persons sometimes desire to change their plea after entering a guilty plea and may blame counsel for failing to advise them about the consequences of their plea. An accused may retain new counsel and make an application to set aside the entered guilty plea. In such a situation, solicitor client privilege will usually be set aside, and the lawyer may be forced to take the stand and explain why they believed the client understood the consequences of the guilty plea (see | | Legal counsel should bear in mind that accused persons sometimes desire to change their plea after entering a guilty plea and may blame counsel for failing to advise them about the consequences of their plea. An accused may retain new counsel and make an application to set aside the entered guilty plea. In such a situation, solicitor client privilege will usually be set aside, and the lawyer may be forced to take the stand and explain why they believed the client understood the consequences of the guilty plea (see [https://www.canlii.org/en/bc/bcca/doc/2020/2020bcca276/2020bcca276.html?autocompleteStr=R%20v%20Lam%2C%202020%20BCCA%20276%20(CanLII&autocompletePos=1 ''R v Lam''], 2020 BCCA 276 (CanLII)). | ||
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