When asked if you should ever plead guilty to criminal charges, a lawyer will almost definitely give you a lawyerly answer- something along the lines of “Well, It Depends”. There is absolutely no way to give a one-size-fits-all answer to that question, but what we look to break down is what some of the advantages and disadvantages are that typically come with a guilty plea.
It is important to re-emphasize given the sensitive nature of this post that in no way does this post intend to advise you to plea or not to plea guilty. This is an incredibly context-dependent situation and there is no way to provide meaningful blanket advice through a post of this nature. It is also imperative that you speak with a lawyer before you make such a life altering decision. With that being said below are some factors to consider when deciding whether or not to make a guilty plea.
Disadvantages of Pleading Guilty to Criminal Charges
The most obvious, and also the biggest disadvantage to pleading guilty, is being officially guilty of a crime and everything that comes with that. This includes a criminal record and likely an impending sentence of some sort. It is important to fully understand the gravity of what that means. Even if the Crown is not seeking jail-time, a criminal record can impact your prospects of getting or keeping a job, of going on vacation, of being able to coach your kid’s sports team, and a host of other potential issues. It can also be extremely frustrating and morally defeating when considering pleading guilty to a crime that you may not have even committed, which is an unfortunate reality for many. There are however, some advantages that can come with pleading guilty.
Advantages of Pleading Guilty to Criminal Charges
Again, when discussing any advantages that may come with pleading guilty, it’s important to remember these advantages in context. First, as mentioned above, when pleading guilty, you are accepting culpability and will have a criminal record. Additionally, any so-called advantages that come with pleading guilty are merely about mitigating damage. Pleading guilty is typically more about avoiding something worse than truly gaining something. All that being said there are some potential advantages to pleading guilty.
One advantage is a quicker resolution. When pleading guilty, you can avoid a trial, and you can also cut your legal proceedings to be much shorter. A criminal case can often take months if not years to go from an arrest to a trial decision being delivered. This is often a very stressful time full of many insecurities, constant court dates to attend, and the general unease of not knowing what your future holds. What a guilty plea can provide is some simplicity and timeliness. It can cut proceedings from multiple months/years to just a few months, sometimes even weeks with a guilty plea. It also gives you a certain level of certainty in having a better idea of what your outcome will be versus the chance and inconsistency of a trial.
Furthermore, a guilty plea can sometimes land you a relatively lighter sentence. It is important to note that this is not always the case but there are times where it is. This is because the Crown may be more agreeable to a lighter sentence on a guilty plea because it saves the Crown Office from dedicating resources to fighting your case in trial. It is typically advantageous to The Crown for you to plead because they will get a guilty conviction but also avoid wasting Crown resources on a trial. This however is not always the case. Just because you may take a guilty plea, does not automatically mean that you are going to get the most favourable deal for your charges. It is likely extremely difficult for someone who is not familiar with the justice system to evaluate whether you received a “good deal”, so again we reiterate the need to speak with a lawyer before making such an important decision.
It’s all an incredibly delicate balance to walk and a life-altering decision to make. It’s one that you should not make on your own. It is also the kind of decision you definitely should not make after simply reading a few posts online. It is imperative that if you are contemplating making a guilty plea and you have not spoken to a lawyer, that you speak to a lawyer to make an informed and legally wise decision.
If you need any type of Criminal Law help, especially with a decision as important as pleading guilty, do not hesitate to contact us for a confidential consultation through our contact page, or call us at (905) 541-2228.
