Should I Just Plead Guilty To Avoid The Cost Of A Trial?
Facing a criminal charge is no joke. The decision to fight all the way to a trial is even more intimidating for most people. Very often, a person facing a charge may feel helpless, vulnerable and wants to “get it over and done with quickly”. This feeling of helplessness may lead to a decision to plead guilty especially when funds are limited and legal Aid Ontario will not fund the accused’s defense. I will attempt to explore some reasons why even in the above scenario, fight (trial) may be better than flight (pleading guilty).
Please note that a criminal defense lawyers’ first order of business is to assess the totality of the evidence and provide an opinion whether to proceed to trial or to plead guilty in order to avoid it. However, it is important to bear in mind that even though a lawyer will provide an opinion about the pros and cons of going to trial, the ultimate decision to fight to trial or plead is that of the client not the Lawyer.
Below are a few of the considerations that should operate in the mind of the accused and the options open to him as well as alternative means of dealing with a criminal charge:
Disadvantages to Pleading Guilty
Sentencing
Sentencing flows from a finding of guilt. Very often, sentencing happens on the same day or shortly thereafter. Upon a plea, the typical case moves swiftly through the judicial system to the actual passing of sentence. Before sentencing, the accused does not have a criminal record merely a record of arrest.
Learning point: If you need more time to get your affairs in order, make sure you do so prior to a guilty plea, especially if jail is a live prospect. Here is why: depending on the severity of the offence, sentencing can mean months or years behind bars. A conviction is life-changing in many ways. For example, certain jobs require background checks. A quick plea to avoid a trial may have unwanted and devastating immediate and long-term employment consequences.
Plea Bargain
A Lawyer who has diligently reviewed the prosecution evidence even where the evidence is strong, may still be able to secure a plea to a lesser but included offence. This could result in a non-custodial or reduced sentence.
However, a self -represented accused may not know that this possibility exists and a prosecutor may choose to not enter into such a plea bargain discussion with him if he believes the accused will simply plead guilty!
Learning point: Pleading guilty to avoid a trial is seldom a good idea. The accused may permanently lose a potential plea bargain that would offer better terms than a simple guilty plea. In some situations, it may be better to proceed to a trial until a more favorable position is negotiated.
Social Consequences
Individuals who are convicted of a crime may face immediate consequences upon conviction. For example, they may have to forfeit professional licenses. Finding future employment may be more difficult for an individual with a conviction, especially for more serious offences. Furthermore, others may start to distance themselves from a convict. Lastly, a criminal conviction may be used against the accused interest in some civil proceedings, such as in a divorce or child custody case.
Learning point: If you have a chance of being found not guilty at trial, it may make strategic sense to take this option and avoid immediate negative consequences rather than merely pleading guilty to avoid trial.
Advantages to Pleading Guilty
A person facing criminal charges should also be aware of the advantages of pleading guilty. These mainly include the following:
Time
A trial may take months or even years to be scheduled and tried. During this length of time, an individual may feel that he or she is in limbo as he or she dreads the commencement of the trial. But the individual may also use this time to tidy up their affairs.
Expense
Trials can be expensive. The cost may depend on the relative complexity of the case, number of days of trial preparation as well as number of trial days, number of lay or expert witnesses etc. It is usually cheaper to have a Lawyer review the prosecution’s evidence at an early stage, highlight relative weakness or strengths of the case and chances of a favorable outcome at trial.
Teaching point: You may save a substantial amount of money in legal fees by pleading if justified rather than trying the case.
Alternatives to Pleading Guilty
A criminal defendant may have the option to pursue an alternative to a jail sentence through a plea bargain or arrangement with the court. For example, some individuals may be able to enter a diversion program as a first offender. In many situations, the defendant does not actually plead guilty because the goal is to keep the case off formal documents so that the accused can be rehabilitated without the stigma of a conviction.
Once the accused person passes the program, the information may be erased. Other alternatives that may be available to criminal defendants are drug and alcohol counseling, group therapy, vocational training, community service or restitution.
