When Should I Consider Pleading Guilty?

One of the most important decisions a person charged with any type of crime is going to face is, you know, whether I should plead guilty or whether I should proceed to trial. It’s a very vexed decision, and it’s important to add a complicated decision and it’s important to hire a good lawyer to help you sort that out. Now, a lawyer is going to receive all the police reports, all the evidence from the crown, and they’re going to know the complete case against you. And in helping you make this assessment, the lawyer’s going to determine basically the strengths and weaknesses of the Crown case. And that’s in the context of your version of events as well.Your lawyer should be at least able to give you the odds of winning, which they can break down within a range at least. I mean, that can’t tell you precise odds, but they can tell you within a range that this case is hopeless cases. OK, not that great. 50 50 are looking pretty good. We’ve got a pretty good chance of winning or a slam dunk or approaching. Not too many cases or slam dunks, but some are, frankly. Now, once we have that information, your complete version of events, you know the strengths and weaknesses of Crown case, the lawyers in position to meet with the crown attorney and receive the Crown’s position. Now, maybe the crown is going to take an inordinately late position because they know it’s a weak case. They’re not going to ask for a jail term at all. They’re going to ask for no jail or a conditional discharge when they when they normally would because they know they’re going to lose or worse, a seventy five, twenty five case. So it becomes very complicated. Your lawyer’s trying to get in your mind. Like what, what are your goals. What’s your history, what’s your career. Are you going to lose your career if you plead guilty, for example. Well it may be an end of game. You can’t plead guilty. Another person may be more comfortable with pleading guilty because it’s not affecting their career. It’s a very difficult decision. And I say this to people. It’s the same decision for any criminal case, whether it’s a murder case, whether it’s a shoplifting case, the most minor case, it’s a cost benefit analysis. What is the benefit of going to trial? What’s the risk and what’s the cost? And I have to compare that to the deal I’m making. So it’s an individual decision for everyone. So, for example, if someone is charged with aggravated assault where they’re facing, say, eight years in jail, the Crown recognizes it’s a they don’t have a very good case at all. The defense has an 80 percent chance or an 80 percent chance of winning. What if the crown offered? A simple assault for no jail. Very difficult decision. We’ve got an excellent chance of winning, but now we’re getting a criminal record, is that going to affect your career? For many people, they might take that deal. Maybe for some person who’s their career depends not a having a criminal record and they’re going to have no livelihood. It’s a tough decision. So every case is individual. It’s all about risk analysis. It’s all about having a good lawyer who understands how to do it and help you make the individual decision. It’s not the lawyer’s decision because everyone is in a different position about how a criminal record might affect them or not. Everyone has a different tolerance about whether whether jail is going to be like a traumatic experience or not, because some people might say, you know what, I got a good chance of winning this.You know, I’d rather take those odds. The Crown’s offering one year jail. I know I’m facing three years after trial. I’ve got a pretty good chance. I don’t care. I’m going to go for it. Another person might be deathly afraid. Oh, my God. I’ve got a 30 percent chance of facing three years in jail. I better grab the one. It’s a tough decision, but I’m just pointing out that that a lawyer has to help you make that. But it’s obviously ultimately your decision based on assessment of all the risks, the costs and the benefits.