Toronto criminal lawyer Adam Weisberg takes pleading guilty very seriously.  The decision to plead guilty can alter an accused person's life in many ways.  Toronto criminal lawyer Adam Weisberg will insist upon reviewing the disclosure in full, speaking to the client about all possible defences, and the potential outcomes and risks of having a trial versus pleading guilty.

Many accused persons have done things wrong and may think they are guilty when in law they are not guilty of an actual criminal offence.  Further, there are potential Charter remedies and other evidentiary requirements that an accused person may not be aware of but could lead to an acquittal.  It is important to have an experienced trial lawyer review the case prior to any decisions to plead guilty.

In order to plead guilty:

1. An accused person must actually be guilty of the offence;

2. The plea must be voluntary or of the accused person’s own free will.  A plea cannot happen if the accused is being forced or pressured to plead guilty;

3. The accused must realize that they will not be able to appeal their finding of guilt only their sentence; and

4. The accused must understand that the Judge will make the final decision on sentence and can impose a lengthier sentence than the lawyers recommend.

A guilty plea can occur at any stage of the criminal process from very early on in a case to the middle of a trial.   Criminal lawyer Adam Weisberg prefers to only plead clients guilty after at least reviewing the disclosure in detail. 

The criminal lawyer will negotiate which counts an accused pleads guilty to with the Crown Attorney and sometimes both parties will agree on a specific sentence. That specific sentence will still have to be approved by the Judge. Judge’s do not usually change joint positions on sentence.

If the Crown and lawyer cannot agree on a specific sentence, there will be open argument as to the appropriate disposition.>

A discharge is a finding of guilt.  It is a criminal record but is not a conviction. The main advantage is that after a proscribed period of time without further criminality the discharge will be purged from the accused’s criminal record without the need for a pardon application. 

Discharges are not available for offences with minimum sentences or maximum penalties greater than fourteen years.

An absolute discharge is the lowest sentence a judge can impose on an adult person found guilty of an offence. The accused will have a criminal record for one year and if there are no further instances of criminality the record will be purged.

A conditional discharge is like an absolute discharge except probation with conditions will attach. The accused’s record will be purged if there is no further criminality for three years after the imposition of sentence.

A fine is a conviction and an accused that pleads guilty to a fine will have a criminal record until and unless they receive a pardon at a later date.

A suspended sentence usually involves a period of probation with specific conditions that must be followed by the person under probation. Failure to abide by the terms of the probation order will result in further criminal charges.

A conditional sentence is a jail sentence that is served in the community. The conditional sentence is only available for sentences imposed that are less than two years. Crimes of violence and offences with minimum sentences are also not eligible for conditional sentences.

Conditional sentences usually involve terms of house arrest or curfews. The idea behind a conditional sentence is that it allows the offender to continue to work and therefore rehabilitate while still being punished.

Custodial sentences that are for more than two years will cause an accused to enter into the federal prison system. Custodial sentences of less than two years will cause people to serve their sentences in a provincial institution.

A person should only plead guilty after speaking to an experienced criminal lawyer that can assess the case and give proper advice. 

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