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

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{{Dial-A-Law TOC|expanded = criminal}}
{{Dial-A-Law TOC|expanded = criminal}}
No one likes going to court. Some people are terrified at the thought of it. And if charged, 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 conviction can seriously affect the rest of your life. This script explains what to do before pleading guilty and what happens if you plead guilty. You should also check the following scripts:
*[[Conditional Sentences, Probation and Discharges (Script 203)|203]], called “Conditional Sentences, Probation and Discharges”
*[[Criminal Records and Applying for a Record Suspension (Script 205)|205]], called “Criminal Records and Applying for a Record Suspension”
*[[If You Receive an Appearance Notice or Summons (Script 210)|210]], called “If You Receive an Appearance Notice or Summons”
*[[Defending Yourself Against a Criminal Charge (Script 211)|211]], called “Defending Yourself Against a Criminal Charge”


The script does not apply to anyone under 18 years old. People under 18 are automatically entitled to a lawyer at no cost. And they need a parent or guardian to be with them in court at their first court appearance. For information about young people and criminal law, check scripts [[Young People and Criminal Law (Script 225)|225]], called “Young People and Criminal Law” and [[Youth Justice Court Trials (Script 226)|226]], called “Youth Justice Court Trials”.
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.


==What should you do before deciding how to plead?==
=Understand your legal rights=
At your first court appearance, find the prosecutor, also known as the Crown Counsel (the '''Crown'''). Identify yourself and ask the Crown for two things:


#'''the particulars''' (the written reports by the police officers and witnesses); and
==A criminal conviction can seriously affect you==
#'''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.
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.  


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.
'''Pleading guilty''' means you accept responsibility for the crime. A judge will penalize ('''sentence''') you. You may have to pay a fine, be put on probation, or go to jail. You could get a criminal record.


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.
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)]].


==Important considerations==
==You may be eligible for diversion==
#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.
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:
#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.
*the charge against you is minor,  
#If you have a previous criminal record, even for an unrelated type of offence, you may be facing a stiffer penalty, possibly jail.
*you have no criminal history,  
#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 accept responsibility for the crime, and
#You may be eligible for diversion. If so, the criminal charge is dropped, or dismissed.  
*you feel sorry about what you’ve done.


==What is diversion?==
If your case is diverted, the court won’t sentence you. Instead, you report to a probation office and follow a program set out for you. The program may include community service work or counselling. The Crown prosecutor has to agree to the program, and the probation office has to accept you.  
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.


==How do you plead guilty?==
If you complete the diversion program set out for you, the criminal charge is '''stayed''' (meaning the Crown won’t go ahead with the charge against you). This means you won’t get a criminal record.
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.


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 steps in the process=


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.
==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].


Once the Crown is finished making their submissions, it is your turn to speak to the judge.
==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)]].


==What will the judge do?==
==Step 2. First appearance in court==
The judge may ask you questions, such as whether you disagree with anything the Crown said. You might agree that you are guilty but disagree with some of the circumstances. The judge may ask you why you committed the offence. Sometimes that’s hard to answer because you may not know. If that’s the case, say so. If you feel bad about what you did, tell the judge, even though you are embarrassed. If the judge believes that you are sincere, and remorseful, that will help.
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).


The judge will want to know some things about you, such as your age, your marital status, how many people you support, if you are working and your plans. It’s important to give the judge any important information about these things. For example, if you don’t have any money to pay a fine, or if a criminal record would ruin your plans for joining the armed forces, explain those things to the judge.
===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 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 prosecutor may also give you their “initial sentencing position”, which is the '''sentence''' (or penalty) they think the judge should give you.  


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.
===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.  


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.  
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.  


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. Check script [[Conditional Sentences, Probation and Discharges (Script 203)|203]], called “Conditional Sentences, Probation and Discharges”, for details on sentences.
===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.
 
==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.
 
Most courthouses have lawyers called '''duty counsel'''. They give free legal advice to people who have a case in the courthouse on that day. Duty counsel might be able to help you.
 
{| class="wikitable"
|align="left"|'''Tip'''
If the Crown prosecutor is asking for jail in the initial sentencing position, and you have a low income, find out if you qualify for a free lawyer under [https://lss.bc.ca/legal_aid/criminalLaw.php legal aid].
|}
 
==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”.
 
A '''guilty plea''' means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing.
 
Pleading “'''not guilty'''” means you are making the Crown prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the Crown must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial. For more details, see our information on defending yourself against a criminal charge (no. 211).
 
In deciding how to proceed, you can ask for more time (an '''adjournment''') to decide how to plead.
 
Or you can talk to the Crown prosecutor about whether they would recommend you for '''diversion'''. As we explained earlier, this program may be available to you if the charge against you is minor and your first offence, you accept responsibility for the crime, and you feel sorry about what you’ve done. If you carry out the diversion program, the criminal charge is stayed and you don’t get a criminal record.
 
{| class="wikitable"
|align="left"|'''Tip'''
It is very important to review the particulars with a lawyer to help you decide what to do. There may be a legal defence to the charge you don’t know about. A lawyer can also help you understand what kind of sentence you might get if you plead guilty. For example, if you have a previous criminal record, even for an unrelated type of offence, you may be facing a stiffer penalty, possibly jail.
|}
 
==Step 5. Prepare for the sentencing hearing==
If you decide to plead guilty, your case will go before a judge for sentencing.
 
To prepare for the sentencing hearing, gather any reference letters, school records, or other documents that might help you.
 
Try to get a letter from your employer or a 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, a letter from your new employer will show the court you are working to improve your situation.
 
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==
After saying you intend to plead guilty, you will get an official document telling you when you have to appear in court for sentencing.
 
On that date, dress neatly and go to court at least 30 minutes early. Find the Crown prosecutor and tell them what you want to do.
 
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===
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.
 
The Crown prosecutor will suggest to the judge which type of sentence they think is appropriate. For example, the prosecutor may suggest a '''conditional''' sentence, where you must meet certain conditions, such as attending counseling or not having contact with someone.
 
You don't have to agree, and the judge does not have to follow the prosecutor’s suggestions — even if you agree with them. The judge can give you a different sentence.
 
Once the Crown prosecutor is finished making their submissions, it is your turn to speak to the judge.
 
===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 may ask you questions, such as whether you disagree with anything the Crown prosecutor said. You might agree you are guilty but disagree with some of the circumstances. If that’s the case, say so. If you feel bad about what you did, tell the judge, even though you might be embarrassed. If the judge believes you are sincere, and remorseful, that will help.
 
The judge will want to know some things about you, such as your age, your marital status, how many people you support, if you are working, and your plans. Give the judge any important information about these things. For example, if you don’t have any money to pay a fine, or if a criminal record would ruin your plans for joining the armed forces, explain those things to the judge.
 
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===
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)]].  


If you are fined, you may ask for time to pay. Depending on the amount of the fine, the judge may give you a long time to pay.  
If you are fined, you may ask for time to pay. Depending on the amount of the fine, the judge may give you a long time to pay.  


{| class="wikitable"
|align="left"|'''Tip'''
If you do not understand something, ask the judge to explain it to you.
If you do not understand something, ask the judge to explain it to you.
|}
=Get help=


==More information==
==With your case==
The [http://legalaid.bc.ca/ Legal Services Society] has four useful publications on this topic:
 
* [http://mylawbc.com/pubs/detail.php?pub=25 If You’re Charged with a Crime]
If you haven’t done so, contact '''Legal Services Society''' to find out if you qualify for a free lawyer under legal aid.
* [http://mylawbc.com/pubs/detail.php?pub=98 Representing Yourself in a Criminal Trial]
:Telephone: 604-408-2172 in Greater Vancouver
* [http://mylawbc.com/pubs/detail.php?pub=110 Speaking to the Judge Before You’re Sentenced]
:Toll-free: 1-866-577-2525
* [http://mylawbc.com/pubs/detail.php?pub=27 If You Can’t Pay Your Court Fine on Time]
:Web: [https://lss.bc.ca/legal_aid/criminalLaw.php legalaid.bc.ca]
 
If you cannot afford a lawyer or get legal aid, try to talk with a lawyer before your trial. Some legal help is better than none. On your first appearance in court or when you enter your plea, you can talk to '''duty counsel''' at the courthouse. They can give you brief advice and speak for you the first time you appear in court.
:Web: [https://lss.bc.ca/legal_aid/criminalAndImmigrationDutyCounsel.php legalaid.bc.ca]


'''See if you can get legal aid'''—contact the [http://www.legalaid.bc.ca/ Legal Services Society] at any of its [http://www.legalaid.bc.ca/legal_aid/legalAidOffices.php#legalAidOffices legal aid office locations]. You can also call the province-wide Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC).
At '''student legal clinics''' in the Lower Mainland and Victoria, law students can help if you’re charged with a summary conviction offence (a less serious crime) and likely won’t get a jail sentence if you’re convicted.
:Telephone: 250-385-1221 in Victoria or 604-822-5791 in 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


==Summary==
==More information==
A criminal conviction can seriously affect you for the rest of your life. You should only plead guilty after thinking carefully about your situation. You should talk to a lawyer and get some initial advice before you plead guilty. Then you can decide whether you want to hire a lawyer to represent you in court and whether to plead guilty or not guilty.
'''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]


�


[updated March 2018]
[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 [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law.'''
----
----
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Revision as of 00:06, 24 January 2019

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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.

Understand your legal rights

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.

Pleading guilty means you accept responsibility for the crime. A judge will penalize (sentence) you. You may have to pay a fine, be put on probation, or go to jail. You could get a criminal record.

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 record suspensions (no. 205).

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:

  • the charge against you is minor,
  • you have no criminal history,
  • you accept responsibility for the crime, and
  • you feel sorry about what you’ve done.

If your case is diverted, the court won’t sentence you. Instead, you report to a probation office and follow a program set out for you. The program may include community service work or counselling. The Crown prosecutor has to agree to the program, and the probation office has to accept you.

If you complete the diversion program set out for you, the criminal charge is stayed (meaning the Crown won’t go ahead with the charge against you). This means you won’t get a criminal record.


The steps in the process

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 legalaid.bc.ca.

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 (no. 225) and youth justice court trials (no. 226).

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).

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 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

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.

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.

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.

Most courthouses have lawyers called duty counsel. They give free legal advice to people who have a case in the courthouse on that day. Duty counsel might be able to help you.

Tip

If the Crown prosecutor is asking for jail in the initial sentencing position, and you have a low income, find out if you qualify for a free lawyer under legal aid.

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”.

A guilty plea means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing.

Pleading “not guilty” means you are making the Crown prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the Crown must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial. For more details, see our information on defending yourself against a criminal charge (no. 211).

In deciding how to proceed, you can ask for more time (an adjournment) to decide how to plead.

Or you can talk to the Crown prosecutor about whether they would recommend you for diversion. As we explained earlier, this program may be available to you if the charge against you is minor and your first offence, you accept responsibility for the crime, and you feel sorry about what you’ve done. If you carry out the diversion program, the criminal charge is stayed and you don’t get a criminal record.

Tip

It is very important to review the particulars with a lawyer to help you decide what to do. There may be a legal defence to the charge you don’t know about. A lawyer can also help you understand what kind of sentence you might get if you plead guilty. For example, if you have a previous criminal record, even for an unrelated type of offence, you may be facing a stiffer penalty, possibly jail.

Step 5. Prepare for the sentencing hearing

If you decide to plead guilty, your case will go before a judge for sentencing.

To prepare for the sentencing hearing, gather any reference letters, school records, or other documents that might help you.

Try to get a letter from your employer or a 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, a letter from your new employer will show the court you are working to improve your situation.

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

After saying you intend to plead guilty, you will get an official document telling you when you have to appear in court for sentencing.

On that date, dress neatly and go to court at least 30 minutes early. Find the Crown prosecutor and tell them what you want to do.

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

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.

The Crown prosecutor will suggest to the judge which type of sentence they think is appropriate. For example, the prosecutor may suggest a conditional sentence, where you must meet certain conditions, such as attending counseling or not having contact with someone.

You don't have to agree, and the judge does not have to follow the prosecutor’s suggestions — even if you agree with them. The judge can give you a different sentence.

Once the Crown prosecutor is finished making their submissions, it is your turn to speak to the judge.

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 may ask you questions, such as whether you disagree with anything the Crown prosecutor said. You might agree you are guilty but disagree with some of the circumstances. If that’s the case, say so. If you feel bad about what you did, tell the judge, even though you might be embarrassed. If the judge believes you are sincere, and remorseful, that will help.

The judge will want to know some things about you, such as your age, your marital status, how many people you support, if you are working, and your plans. Give the judge any important information about these things. For example, if you don’t have any money to pay a fine, or if a criminal record would ruin your plans for joining the armed forces, explain those things to the judge.

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

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 (no. 203).

If you are fined, you may ask for time to pay. Depending on the amount of the fine, the judge may give you a long time to pay.

Tip

If you do not understand something, ask the judge to explain it to you.


Get help

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.

Telephone: 604-408-2172 in Greater Vancouver
Toll-free: 1-866-577-2525
Web: legalaid.bc.ca

If you cannot afford a lawyer or get legal aid, try to talk with a lawyer before your trial. Some legal help is better than none. On your first appearance in court or when you enter your plea, you can talk to duty counsel at the courthouse. They can give you brief advice and speak for you the first time you appear in court.

Web: legalaid.bc.ca

At student legal clinics in the Lower Mainland and Victoria, law students can help if you’re charged with a summary conviction offence (a less serious crime) and likely won’t get a jail sentence if you’re convicted.

Telephone: 250-385-1221 in Victoria or 604-822-5791 in the Lower Mainland
Web: uvic.ca/law/about/centre for Victoria or lslap.bc.ca for the Lower Mainland

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.

Web: legalaid.bc.ca

�

[updated March 2018]

The above was last reviewed for accuracy by Jordan Allingham, Ferguson Allingham and Paul Briggs, Paul Briggs Law.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


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