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Script 212 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
No one likes going to court. Some people are terrified at the thought of it. If they have to go, they plan to go in, plead guilty, and get out as fast as possible. That's a normal reaction. But it may also be a big mistake, because a conviction can seriously affect the rest of your life. This script explains what to do before pleading guilty and what happens if you plead guilty. You should also check the following scripts:
- 203, called “Conditional sentences, probation and discharges”
- 210, called “If you receive an appearance notice or a summons”
- 211, called “Defending yourself against a criminal charge”
The script does not apply to anyone under 18 years old. People under 18 are automatically entitled to a lawyer at no cost. And they need a parent or guardian to be with them in court before they can plead guilty. For information about young people and criminal law, refer to scripts 225, called “Young People and Criminal Law” and 226, called “Youth Justice Court Trials.”
What should you do before deciding how to plead?
If you are charged with a criminal offence, you may want to plead guilty and get it over with. But first, consider the following six things:
- If you plead guilty, you get a criminal record and a penalty (sentence). Both these can seriously affect you. A criminal record can prevent you from traveling to other countries, getting certain jobs, being bonded (which some jobs require), and applying for citizenship. Refer to script 205, called “Criminal records and applying for a pardon,” for more information.
- Even if you believe you are guilty, it’s still all right to plead not guilty, and make the prosecutor prove the case. The law presumes that you are innocent, and the prosecutor must prove that you are guilty. On the other hand, if you know that you are guilty and that the prosecutor can prove it, you may want to plead guilty and avoid an unnecessary trial. You should discuss your case with a lawyer before deciding what to do.
- You may think you’re guilty when in fact you’re not, because there is a legal defense to the charge that you don’t know about.
- If you have a previous criminal record, even for an unrelated type of offence, you will be facing a stiffer penalty, possibly jail.
- Some offences may have a minimum fine or a minimum jail time. Your driver’s license may be automatically suspended, even for a first offence.
- You may be eligible for diversion, in which case, the criminal charge is dismissed.
What is diversion?
If the charge against you is a minor one or it is your first offence, and you admit that you are guilty and feel sorry for what you did, you may be eligible for alternative measures (also known as diversion). Alternative measures programs are managed by a probation office, which deals with charges outside the court system. If the prosecutor agrees to recommend you for alternative measures and the probation office accepts you for this option, you have to carry out the conditions of an alternative measures contract. This could include community service work or counseling. In return, you will not get criminal penalties or a criminal record.
So, you should talk to a lawyer and get some initial advice. Then you can decide whether you want to defend yourself or hire a lawyer.
How do you plead guilty?
If you decide to plead guilty, it’s fairly straightforward. You get an official document telling you when you have to appear in court. On that date, dress neatly and go to court, at least 15 minutes early. You may want to speak to Duty Counsel before you plead guilty. Duty Counsel is a lawyer who will give you free legal advice at the courthouse and may even speak for you. If you want to plead guilty, then find the lawyer who will be prosecuting the case, called the prosecutor or crown counsel. Identify yourself and ask the prosecutor for two things (a) the particulars (the written reports by the police officers and witnesses); and (b) the initial sentencing position (what the prosecutor suggests for the sentence if you plead guilty). Review this material, with a lawyer if possible. Then, if you agree with it and still want to plead guilty, tell the prosecutor. The prosecutor will speak with you about where (in what courtroom) this may take place.
- The particulars
The prosecutor will tell the judge about the facts of the offence, usually reading from the police report and witness statements. These facts are called the “particulars.” Listen carefully, because if you disagree with anything, you can say so later. In fact, you can plead guilty only if you agree with all the important facts. For example, if you agree that you hit your spouse, you could plead guilty to an assault charge. But if you hit your spouse only after she punched and kicked you first, and that part is not in the police report, then the judge may not accept a guilty plea. Instead, he may order a trial. Or the particulars may say you punched someone, but you say you only pushed them. In these types of cases, you have to tell the court what happened and explain that you disagree with what the prosecutor said. The prosecutor has to decide whether to accept your version of the events.
If you have any previous convictions, the prosecutor may ask you if you admit them. If you don't admit them, the prosecutor will get an opportunity to prove them.
- Initial sentencing position
The prosecutor suggests to the judge what sentence the judge should give you if you plead guilty. This is the prosecutor’s initial sentencing position. For example, the prosecutor may suggest you have counseling or no contact with your spouse. You don't have to agree. And the judge does not have to follow the prosecutor’s suggestions–even if you agree with them. The judge can give you a different sentence.
What will the judge do?
The judge will ask you questions, such as whether you disagree with anything the prosecutor said. This is your chance to explain what happened. You might agree that you are guilty but disagree with some of the circumstances. The judge may ask you why you committed the offence. Sometimes that’s hard to answer because you may not know. If that’s the case, say so. If you feel bad about what you did, tell the judge, even though you are embarrassed. If the judge believes that you are sincere, and remorseful, that will help.
The judge will want to know some things about you, such as your age, your marital status, how many people you support, if you are working and your future plans. It’s important to give the judge any important information about these things. For example, if you don’t have any money to pay a fine, or if a criminal record would ruin your plans for joining the armed forces, explain those things to the judge.
The judge may ask and you may discuss whether there were any problems that contributed such as addictions, anger problems, financial problems and whether these things are still a problem and whether counseling or treatment is necessary.
After everything is said, the judge will give you a sentence, or penalty. Depending on the offence and your background, it could be a discharge, a fine, probation, or jail. Refer to script 203, called “Conditional Sentences, Probation and Discharges”, for details on sentences.
If you are fined, you may ask for time to pay. Depending on the amount of the fine, the judge may give you a long time to pay.
If you do not understand something ask the judge to explain it to you.
More information
Legal Services Society has 3 useful documents on this topic:
- “If you are charged with a crime”
- “Speaking to the judge before you are sentenced”
- “Representing yourself in a criminal trial”
To view them, go to www.lss.bc.ca and click on “Resources” and then on “Publications.” Then click on “Criminal law” in the Subject field.
Summary
A criminal conviction can seriously affect you for the rest of your life. You should only plead guilty after thinking carefully about your situation. You should talk to a lawyer and get some initial advice before you plead guilty. Then you can decide whether you want to hire a lawyer to represent you in court and whether to plead guilty or not guilty.
[updated July 2007]
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