Pleading guilty to a criminal offence can benefit the defendant, the Crown and the court system in Canada by reducing the cost, time and effort required to bring the case to trial. In turn, the Crown may be willing to accept a plea in exchange for a more lenient sentence when the prosecution is not confident in its ability to pursue harsher charges. One of the examples is plea deals entered by the defence and prosecution to reduce the sentence for murder to manslaughter sentence in Ontario or attempted murder sentence to attempted manslaughter.
The admission of guilt can take place at any stage of the criminal process until the judge sends the case to trial. In some circumstances, judges may take an early guilty plea as a mitigating factor, but this strategy does not guarantee a reduced sentence.
After admission, you may seek to withdraw your guilty plea, but the judge can deny such request. It is essential to understand the consequences of admitting guilt in a criminal case and the subsequent legal process to secure the most favourable outcome. Below, we discuss the stages of the legal process in Mississauga and elsewhere in Ontario after you make an admission and how to prepare for each of them.
Plea Inquiry and Arraignment
If you decide to plead guilty, you will go through the process known as plea inquiry. This step is to ensure that you understand the consequences of admitting guilt and that no one has pressured you.
At this stage, the judge will clarify your intention to plead guilty, asking whether you:
- make the plea voluntarily,
- admit the intent to commit the criminal offence and acknowledge committing the offence at the time when the criminal acts took place,
- understand the consequences of the guilty plea,
- understand that the judge is not bound by any agreement you may have with the Crown.
During arraignment, the judge or the court clerk will read out the charges and ask whether you plead guilty or not guilty. If you choose to make an admission, this is the stage where you say ‘Guilty.’
Can you plead guilty and not be convicted?
It is essential to have a clear understanding of what happens after pleading guilty before making an admission. For example, one of such consequences is the criminal record, as you cannot plead guilty and not be convicted. You will need to receive full legal counsel from your criminal defence lawyer in advance to account for all aspects of admitting your guilt in court.
Pre-Sentence Report
When deciding upon sentencing, the judges are not bound by any existing agreements between the defence and the prosecution. Instead, the judges are guided by the principles outlined in the relevant sections of the Criminal Code, including Section 718. Among others, these principles require that the court should consider all available sanctions other than imprisonment, that are reasonable under the circumstances.
When deciding upon such sanctions, the judges review the offender’s background information, which includes personal history, family status, information about their employment, mental health, addictions and the presence of any mitigating or aggravating circumstances, such as previous convictions.
This information is gathered in a Pre-Sentence Report (PSR) prepared by a probation officer to help judges decide upon the sentence. When judges order the PSR, they usually adjourn the criminal case to provide the probation officer with the necessary time to interview the offender’s family, social circle and employers and gather all necessary details for the report.
Sentencing
If the judge accepts your admission of guilt during plea inquiry and arraignment, the court will find you guilty. While your lawyer and the prosecution may reach an agreement about the sentence in case of your pleading guilty, the judge will not be bound by any such agreement in their verdict.
It is not uncommon for the judges to accept the sentence suggested by the Crown agreed with the defence. At the same time, the court may have a different opinion about the “sanctions reasonable under the circumstances” and impose lesser or harsher criminal punishment.
Conclusion
Pleading guilty to a crime is an option that should be carefully explored with your defence lawyer and weighed against the chances of successfully challenging the prosecution’s case during trial. Once admission of guilt is made, the criminal process takes a different turn and proceeds through a plea inquiry and arraignment, the pre-sentence report stage and sentencing.
Since admitting guilt in a criminal offence is followed by conviction and a criminal record, you will need to consult a qualified criminal lawyer before entering into any plea agreement with the prosecution. For more information about negotiating plea bargains, please do not hesitate to contact our Mississauga criminal defence lawyer or our law office in Toronto for a free consultation on your options.
