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By LegalMatters Staff • If you are charged with a criminal offence you have an important decision to make – how to respond to the charge. That decision will set the course for the rest of the legal process.
Because of the many variables involved and the complexity of the Canadian legal system, it is a good idea to seek the advice of a lawyer early in the process.
“Legal counsel can assess your case and advise you on the best course of action,” says Calgary criminal lawyer Greg Dunn.
Every person who is facing a charge has the right to ask for disclosure, which is the evidence the Crown attorney has amassed.
“You should go thoroughly to every single page, read everything, listen to every single recording and video,” says Dunn. “Try to remember what happened, how it happened and if there is something that your attorney must know. Any detail can make a difference. Also, mark pages, take notes, and write down all your questions. Be prepared.”
After discussing the disclosure with a lawyer, you will be in a better position to decide whether to plead guilty or go to trial, he says.
“Remember that the prosecutor must prove every element of the offence beyond a reasonable doubt. Each offence has its own elements. Ask your lawyer if you have any questions about it,” Dunn says.
He says you must consider the advantages of pleading guilty.
“In some circumstances, it is advisable to plead guilty to the charge, especially if you admit to committing the crime,” Dunn says. “Trials are unpredictable and the outcome is uncertain, even if you have a strong defence. Agreeing to a plea agreement means that have a firm idea of what the sentence will be.”
However, he cautions that whatever plea agreement your lawyer and the Crown agree to, the judge may impose any punishment they see fit, “which means that a harsher sentence is a possibility.”
Dunn says other advantages to pleading guilty can include a reduced sentence and lower legal fees since the cost of going to trial has been averted.
“A guilty plea is a mitigating factor in sentencing,” he explains. “If you are considering pleading guilty, your lawyer can negotiate with the Crown attorney on the sentence and if you can plead guilty to a lesser charge.”
There are also advantages to pleading non-guilty, he says.
“If you believe you are innocent or the prosecution’s case is weak, going to trial might be worth the risk. You must not plead guilty if you have been falsely accused of a crime,” Dunn says.
“Going to trial and being found not guilty is the only way for an innocent person to have justice,” he adds. “Conversely, if you are found guilty, it is likely you will receive a harsher sentence than if you accepted a plea deal.”
