If you are arrested by the police for a criminal offence in Canada, Section 11 of the Canadian Charter of Rights and Freedom allows you the right to have a fair and justified courtroom trial. However, the chances that your case goes to trial can be really low, as only two to five percent of criminal matters proceed for a fair trial.
It is a surprising fact to know that the criminal justice system in Canada resolves a significant amount of cases via plea bargain negotiations. In this article, you will learn about plea bargains and when they can be considered a good option if you are facing criminal charges.
| Did You Know?
According to various studies, almost 90 percent of cases in Canada are resolved via plea negotiations in many courts in Toronto. |
What is a Plea Bargain?
According to various lawyers working at Top Family Law Firms, a plea bargain is defined as a defendant agreeing to plead guilty to a lesser charge in exchange for low penalties from the court. In Canada, there are different types of plea bargains. It is a procedure of negotiation between the lawyers representing the defendant and the Crown prosecutors.
From the perspective of a defense lawyer, a plea bargain describes what the Crown will be offering in exchange for a guilty plea. Judges who have no role in negotiation can modify or reject the terms present in plea deals. A plea bargain usually commences before the trial date, during the pre-trial meetings.
However, any one side can request plea negotiations before the trial. It often happens when any unexpected evidence can change the trajectory of a case. The types of plea bargains that are frequently negotiated in various court cases in Canada are:
- Pleading guilty to a lowered charge.
- Pleading guilty to more than one charge in exchange for dismissal of other charges.
- Pleading guilty in exchange for a penalty that is lighter.
- Pleading guilty to get a conditional or absolute discharge.
What are the Benefits of Plea Bargain?
A successful plea bargain can be beneficial for both the defendant and the Crown. With a plea bargain, a defendant can get their charges reduced or dismissed. This may enable them to avoid a criminal record that can come with a conviction. A plea bargain that is presented before a trial will lower the costs, time, and inconveniences people face while attending a trial.
The Crown can also benefit from a plea bargain. It can lower the expenses, time and other issues people have to face during a trial. According to various lawyers, Canada’s court system can come to a standstill without any plea bargain, as the number of defendants in the criminal court. As the defendants are guaranteed the right to a speedy trial, the Crown should avail itself of plea bargaining, as it will keep the cases flowing. The Crown will also be open and responsive quite often if it is able to protect a victim from the trauma of having to testify.
A plea bargain can be beneficial for both parties as it gives them advance notice of the outcome of the case. Trial outcomes usually remain uncertain until the judge renders their ruling, and the uncertainty still remains until they announce their sentence. The Criminal Code offers judges broad discretion in imposing penalties that may differentiate a fine and imprisonment.
How Defense Lawyers Can Be Effective in Plea Bargains?
While negotiating a plea bargain, a defense lawyer is important in securing the most favorable outcomes possible. They also ensure your rights are protected during that. Your right to a fair trial is always important during these negotiations. For that, your lawyer needs to emphasize the potential outcomes of a trial with what they can secure with the help of a plea deal.
Before and during the negotiations, your lawyer will examine the relative strength or weakness of the case of the Crown to understand what benefit you may have in the negotiations and whether you will be able to win at a trial. During the talks, the lawyer will use the details that will encourage the prosecutors to agree to plea terms that are favourable to you.
At the same time, the fallback of proceeding to trial is often enough to force the prosecution if they find any weakness in the case. If you want to proceed to trial, the plea bargain negotiations will likely help your lawyer get more insights into how the Crown may try to make its case against you in court. This can also help them build a more effective defense strategy.
Things to Consider Before Accepting a Plea Deal
It is impossible for your lawyer to develop a plea bargain without your input and collaboration. They will advise you on the kind of plea bargains that can be the best options in your defence as per the evidence and the details of the case. After that, they will work to secure that plea bargain.
However, before accepting a plea deal that is negotiated, you should always consider carefully whether it reflects your best interest. This often involves comparing the proposed deal against both the best and worst possible outcomes of the trial. This way, you will be able to have a fair and justified resolution against the criminal charges pressed against you.
Conclusion
Plea bargains can be a real deal breaker as compared to a free and fair trial. It offers a defendant a chance to lower their charges and have no criminal records against them. Furthermore, consulting the finest criminal lawyers can always help you defend your case and secure the finest plea deals. They will be able to defend you and protect your interests without any fail.
Not only that, plea bargains allow you to avoid court appearances and the inconveniences caused by it. This will help you fight your legal battles and avoid any further complications with the law. This way, plea bargains will be really helpful to you.
