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Pleading Guilty to a Criminal Charge (view source)
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{{ | {{REVIEWEDPLS | reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law|date= March 2018}} {{Dial-A-Law TOC|expanded = crime}} | ||
{{Dial-A-Law TOC|expanded = | |||
A criminal conviction can seriously affect the rest of your life. Understand what it means to “plead guilty” to a criminal charge, and learn the steps involved in the process. | A criminal conviction can seriously affect the rest of your life. Understand what it means to “plead guilty” to a criminal charge, and learn the steps involved in the process. | ||
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'''Pleading guilty''' means you accept responsibility for the crime. A judge will penalize ('''sentence''') you. You may have to pay a fine, be put on probation, or go to jail. You could get a criminal record. | '''Pleading guilty''' means you accept responsibility for the crime. A judge will penalize ('''sentence''') you. You may have to pay a fine, be put on probation, or go to jail. You could get a criminal record. | ||
These things can seriously affect you. A criminal record can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship. You may lose your fishing, hunting, or driver’s licence for months, years, or the rest of your life. Having a criminal record could also affect your child custody rights in a family dispute. For more, see our information on [[Criminal Records and | These things can seriously affect you. A criminal record can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship. You may lose your fishing, hunting, or driver’s licence for months, years, or the rest of your life. Having a criminal record could also affect your child custody rights in a family dispute. For more, see our information on [[Criminal Records and Record Suspensions (No. 205)|criminal records and record suspensions (no. 205)]]. | ||
===You may be eligible for diversion=== | ===You may be eligible for diversion=== | ||
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====If you are under age 18==== | ====If you are under age 18==== | ||
People under age 18 who have been charged with a crime are automatically entitled to a lawyer at no cost. They also need a parent or guardian to be with them in court at their first court appearance. For more, see our information on [[Young People and Criminal Law ( | People under age 18 who have been charged with a crime are automatically entitled to a lawyer at no cost. They also need a parent or guardian to be with them in court at their first court appearance. For more, see our information on [[Young People and Criminal Law (No. 225)|young people and criminal law (no. 225)]] and [[Youth Justice Court Trials (No. 226)|youth justice court trials (no. 226)]]. | ||
===Step 2. First appearance in court=== | ===Step 2. First appearance in court=== | ||
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A '''guilty plea''' means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing. | A '''guilty plea''' means you accept responsibility for the offence. If you decide to plead guilty, you will go before a judge for sentencing. | ||
Pleading “'''not guilty'''” means you are making the Crown prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the Crown must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial. For more details, see our information on [[Defending Yourself Against a Criminal Charge ( | Pleading “'''not guilty'''” means you are making the Crown prosecutor prove the case against you. (It does not mean you deny you committed the offence.) The law presumes you are innocent, and the Crown must prove you are guilty. If you decide to plead not guilty, the court will set a date for your trial. For more details, see our information on [[Defending Yourself Against a Criminal Charge (No. 211)|defending yourself against a criminal charge (no. 211)]]. | ||
In deciding how to proceed, you can ask for more time (an '''adjournment''') to decide how to plead. | In deciding how to proceed, you can ask for more time (an '''adjournment''') to decide how to plead. | ||
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====The sentence==== | ====The sentence==== | ||
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. For more on possible sentences, see our information on [[Conditional Sentences, Probation and Discharges ( | 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. For more on possible sentences, see our information on [[Conditional Sentences, Probation, and Discharges (No. 203)|conditional sentences, probation, and discharges (no. 203)]]. | ||
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 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. | ||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||