If your guilty plea is accepted, the judge finds you guilty. At a sentencing hearing, a sentence will be suggested by your lawyer and the Crown. The judge, however, can give you a different sentence from the one suggested. The sentence may, for example, be stricter. To find out what kind of sentence a judge may give you, read our section about types of sentences.
Skip to content Leave Site Now. Guilty pleas You do not have to plead guilty. You should try and get some legal advice before making this decision. How do I plead guilty? Read your disclosure Your disclosure is the copy of the information that the Crown and police have collected. Plea inquiry You and your lawyer if you have one will have to go to a plea inquiry which is when the judge asks you: Are you pleading guilty voluntarily?
Do you understand that, by pleading guilty, you are admitting to facts that make up a criminal offence? Because the prosecutor must agree to an Alford or "no contest" plea before you can use it, the defense must negotiate this issue in advance.
The defense first must make sure that the prosecutor will agree to the alternative plea. In felony cases, the parties often sign a written plea agreement before going to court.
The fact that the defendant will be pleading "no contest" or entering an Alford plea should be included in the written agreement. If it is not in the agreement and, at court, the defense announces the defendant wishes to plead differently, the prosecutor does not have to agree and the plea deal could fall apart.
Ultimately, if the prosecutor will not agree or the judge will not permit the defendant to plead to a crime without admitting guilt, the defendant will not be permitted to enter an alternative plea. If you are charged with a crime you did not commit, you should consult with an attorney immediately. A knowledgeable and experienced attorney can advise you on your options, represent you at trial, or possibly negotiate a plea agreement that will not require you to admit guilt.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. If you decide to plead guilty, you will go before a judge for sentencing.
Pleading not guilty means you are making the 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.
In deciding how to proceed, you can ask for more time an adjournment to decide how to plead. Or you can talk to the prosecutor about whether they would recommend you for diversion. It is very important to review the disclosure with a lawyer to help you decide what to do. 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. 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. 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 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. During the sentencing hearing, the 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 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 counselling or not having contact with someone.
The judge can give you a different sentence. 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 prosecutor said. The priors should be in the brief of evidence , if not you can get a copy of your priors from the prosecutor. If there is anything you do not agree with, tell the magistrate.
If you disagree with or do not remember one of the entries on your record, usually your case would need to be stood down so that you can sort it out with the prosecutor. The magistrate asks if you want to say anything. Although you accept that what you did was against the law, this is a chance to give your side of the story. This can be important in helping the magistrate decide on the penalty they give you. Even if you are pleading guilty you can disagree with some of the things the police say happened.
You cannot plead guilty but say that you did not break the law. After listening to you, the magistrate announces your sentence. Ask the magistrate if you do not understand the penalty and what you have to do. For some offences, the magistrate must give you certain penalties. The magistrate has no discretion. You can also give the magistrate documents that you brought along. However, you must show these documents to the prosecutor first.
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