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Your Honour, I am guilty…but!

Before you make the multi-dollar move and decide to enter into a plea of guilt, it is wise to consider what you are getting yourself into.  The stress and panic of how a criminal charge will impact you will impair your logic so it is best to get educated and consult Brace Law prior to saying the long-awaited “I do”. We mean, “I do accept the guilt” or “ I am guilty” of course. So read below and put a stop to that lingering “ what if” in your head.  

Depending on the nature of your charge, and the strong case the crown has against you, it may be wise to stop and consider the following:

1.     You are accepting the alleged facts of the case and you are doing so voluntarily.

You have to be prepared that whatever has been alleged in the police synopsis, you have to agree and accept that that is the truth.  If there is a even a simple word or action describing the events of the case that you do not agree with or feel uncomfortable accepting, then you are not prepared to enter the plea voluntarily. If you agree with all that is being said, then you are genuinely and voluntarily entering the plea.

2.     No one has pressured or forced you to enter the plea.

If you feel under duress or pressure from your counsel or anyone else to enter the plea then you are not being fair to yourself first and then the justice system.  You should never feel that you have ran out of choices when it comes to serious matters that can affect your reputation and future in the long run.  At Brace Law we make sure that clients are fully aware of the choices they have when it comes to their criminal matters.  

3.     Understand that although you own up to a criminal action you may end up with a criminal record.

The sentencing is at the Judge’s discretion.  Although you may decide to enter an early plea, and the mitigating factors outweigh the aggravating factors of your matter, a judge can still decide to pass a sentence that could give you a criminal record.  If there is a joint position on your sentencing between your counsel and the Crown, usually the judge will accept that position. However, there have been instances that judges have not agreed to the joint position offered by both crown and defense counsel and had sentenced the accused either harshly or given a more favourable position that what is being asked.

4.     You have to understand that you have given up your right to trial and to have the Crown prove the charges against you beyond a reasonable doubt.

You are giving up your day in court.  Your criminal matter’s outcome is ultimately in the Judge’s hands and you better hope that your counsel of record has incredible submissions and materials to prove that you should be sentenced lightly and that the Judge should take into consideration what is being presented before Him/Her.At Brace Law we take guilty pleas very seriously. Before making the decision to enter a plea, we are careful to outline the weak and strong points of your criminal matter.  In the event that you still choose to enter a plea, we make sure to have had enough pre-trial discussions with the Crown so that we can agree to a favorable position for your sentencing. If we do not agree with the Crown’s suggested position, then we prepare strong submissions and evidence to persuade the Judge to pass a sentence that is fair and reasonable given your circumstances.  At Brace Law we make sure that you understand and accept the guilty plea inquiry before deciding to enter it. With us on your side, you will never feel alone.

Don’t stress

Let’s start a conversation

Don’t stress

Let’s start a conversation