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Criminal Guilty Plea

The Criminal Guilty Plea – what does it mean?

Firstly we should clarify the meaning of a criminal guilty plea. In simple language it means giving up your right to a trial. Basically you are putting your fate in the hands of the court and exempt the Crown to prove your guilt through the presentation of permissible evidence.  It is already quite nerve wracking to appear in court for any reason, but to plead guilty for a criminal offence even more intense. Therefore it should not be taken lightly or be decided upon impulse.

 

The Criminal Guilty Plea Process

Criminal guilty pleas generally take place in a court designated for guilty pleas, unless you are pleading guilty on the day of your trial where it would then take place in front of a trial judge. Many matters and people are dealt with in a guilty plea court therefore you have to wait until you’re called at which your lawyer will then address the court, followed by the judge possibly questioning you.

 

These questions are:

  • Have you entered the guilty plea voluntarily?
  • A guilty plea foregoes your right to a trial.
  • The trial judge has the final say to your sentence regardless of an agreement between your lawyer and the Crown.
  • You may change your mind now to undergo a trial instead.
  • The guilty plea can not be reversed if you are unsatisfied with the outcome.
 

Criminal Guilty Plea Process starts

The court clerk reads your charge (arraignment) after which you plea: “Guilty, Your Honour.” The Crown proceeds reading out the facts, supporting the charge, to the judge from the police synopsis. The judge will now ask your lawyer if he agrees or disagrees with the facts read out. If he does not agree it means you have not reviewed the correct information with him before entering the court. Your lawyer should not hear information for the first time. Once the facts have been settled, the judge will make his finding and your sentence will commence.
 
If you have a previous criminal record that the Crown is aware of, he will now present it to the court as an exhibit on your sentencing. Before reading it, a copy will be provided to your lawyer for verification in which he will once again indicate if it is correct or incorrect. He is also not suppose to hear information for the first time.

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