Pleading guilty to any criminal offence can benefit the Crown, the defendant, and the Canadian court system by decreasing the time, cost, and effort needed to bring your case to trial. The Crown may accept a plea in exchange for a more lenient sentence, especially if the prosecution is not confident enough to file a more serious charge.
For instance, plea deals are usually entered into by both the prosecution and the defence to decrease the sentence for any murder, manslaughter, or even attempted manslaughter or attempted murder.
An admission of guilt is possible at any phase of a criminal procedure, even in the midst of a trial. In certain circumstances, judges can consider a guilty plea as a mitigating factor in sentencing. But such a plea is less effective the later you are in the judicial process, such as mid-trial.
In this post, trusted Brampton first-degree and second-degree murder lawyer, Harpreet Saini, discusses the stages of the legal process after you make such an admission – and how to prepare for the consequences of each.
Let’s get started.
Understanding the Legal Procedure after a Guilty Plea: Guide by a Brampton Murder Lawyer
Below are the different legal stages that follow a successful guilty plea. This guide by the leading murder lawyer in Brampton helps you navigate the legal procedure in Brampton or elsewhere in Ontario effectively.
Plea Inquiry and Arraignment
If you decide to plead guilty, you will have to go through the process called plea inquiry. This step ensures that you understand the consequences of admitting guilt and that no one has pressured you into making this decision.
At this phase, the judge will have to clarify your intention to plead guilty by asking whether you:
- Make this plea voluntarily.
- Confirm your intention to have committed the criminal offence and acknowledge that you committed it at the time it
occurred. - Understand that the judge is not bound by any agreement you may have with the Crown.
- Are aware of the overall consequences of the guilty plea.
During arraignment, the court clerk or judge will read out the charges and ask if you plead guilty or not guilty.
If you decide to make an admission, this is the point where you plead guilty.
Is it possible to plead guilty and then not be convicted?
Before deciding to plead guilty, it is important to understand the consequences. One important outcome is that you will have a criminal record, as pleading guilty typically results in a conviction. It is vital to seek legal advice from a criminal defence lawyer in Brampton to understand the implications of admitting guilt in court.
Pre-Sentence Report
Judges are not constrained by any pre-existing agreements between the defence and prosecution when determining your sentence. Rather, they are guided by principles from the Criminal Code, including Section 718, which advises considering all reasonable sanctions other than imprisonment based on the circumstances.
In deciding on appropriate sanctions, judges examine the background of the offender. This includes personal history, family status, employment details, mental health, addictions, and any mitigating or aggravating factors, such as prior convictions.
This information is compiled in a Pre-Sentence Report (PSR) by a probation officer. The PSR helps judges in determining the sentence. When a PSR is ordered, the court typically adjourns the case to allow the probation officer time to interview the offender’s social circle, family, and employers to gather the essential details for the report.
Sentencing
When a judge accepts your guilty plea during the plea inquiry and arraignment, the court will formally find you guilty. Although your lawyer and the prosecution might negotiate a sentencing agreement, the judge is not obligated to adhere to this arrangement.
Often, judges do accept the sentencing recommendations agreed upon by the Crown and the defence. However, the court may have a different perspective on what constitutes “reasonable sanctions under the circumstances” and may impose a lighter or more severe punishment than suggested.
Deciding to plead guilty to a crime is a vital decision that should be thoroughly discussed with your murder lawyer in Brampton, or elsewhere in Ontario. This option must be weighed against the potential for successfully challenging the prosecution’s case at trial. Admitting guilt leads to a conviction and a criminal record and initiates the criminal procedure through plea inquiry, arraignment, the pre-sentence report stage, and sentencing. If you are searching for a manslaughter lawyer in Brampton or need more information on negotiating plea bargains on manslaughter or murder, contact Mr. Harpreet Saini of Saini Law for a consultation. With over 20 years of experience as a defence lawyer, he delivers expert legal advice and guidance for even the most complex legal matters.