Plea deals are a common occurrence in the Canadian criminal justice system, but they’re not always understood. It is surprising to many that the vast majority of criminal cases do not go to trial. Rather, they are settled by “plea bargaining,” which is a negotiation between the defence and the Crown prosecutor that results in an agreed-upon resolution.
Knowing the details of plea deals can be the difference in making a decision if you or someone you know is facing criminal charges. The article offers an explanation of what plea deals are, how they’re negotiated, and the pros and cons of them.
What is meant by a plea deal?
A plea deal, also referred to as a plea bargain, is a transaction between the Crown and the accused to settle a criminal charge without a full trial. In most instances, the accused agrees to plead guilty to one or more charges with the aim of obtaining some benefit, such as:
- A lower number of or fewer serious charges
- A collaborative application for sentencing.
- A lighter penalty than would occur after a trial conviction
- Withdrawal of other outstanding charges, agreement to do so.
Plea deals are always subject to judicial oversight. The court has to be convinced that the accused is willing to plead, that he understands the nature of the plea as well as its consequences.
Types of Plea Bargains
Charge bargaining is where the Crown agrees to drop or reduce part of the charges if the accused accepts a guilty plea to another charge (such as charging an accused with simple assault in return for dropping more serious charges).
Sentence bargaining occurs when the accused pleads guilty and agrees that the Crown will make a recommendation, for example, to release the accused on probation rather than a prison sentence.
One aspect of fact bargaining is that the Crown and the defence reach an agreement regarding the facts that will be adduced to the judge in support of a guilty plea, which may exclude aggravating matters that would otherwise be relevant to sentencing. Hybrid options involve some of the above, typically with a sentencing recommendation and a charge reduction.
Why Plea Deals are Used
Plea deals have a number of functions in the justice system:
Efficiency — trials are time-consuming and expensive, and plea deals help reduce the backlog in court
Prediction—When both parties avoid guesswork about the trial’s result both parties avoid the uncertainty of a trial.
Responsibility and a fair outcome: An accused person can take responsibility and have a fair outcome.
Consideration for victims — a case without trial can save victims and witnesses the trauma of appearing as witnesses
A plea deal can be an option for many accused persons that can help them prevent the risk of worse punishment and still get the outcome they want.
Do Judges Have to Accept a Plea Deal?
The terms of a plea agreement cannot be imposed on Canadian judges. Courts tend to seriously consider joint submissions that is, if the Crown and defence agree on an acceptable sentence but if it does not look in the public interest, or is either too light or too tough, a judge will reject the offer.
However, in cases where the Supreme Court of Canada has considered joint submissions, it has said that judges should only do so in exceptional circumstances, in order to maintain the integrity of the entire plea bargaining process.
Risks of Accepting a Plea Bargain
There are definite advantages to plea deals, but there are also risks:
Waiving the right to trial (pleading guilty means you give up the right to trial or challenge the Crown’s evidence)
A criminal record: Most guilty pleas lead to a conviction that can have a negative impact on your employment, immigration status and travel.
Chance at trial – if Crown’s evidence is not strong, may be possible to get acquitted at trial, better outcome may be possible at trial
The pressure to plead – some are coerced into a plea bargain because they are scared or tired of the process, even if they do not believe they are guilty.
Due to these dangers, it is crucial that any plea is entered willingly and that the terms are fully understood, not only by the accused, but also in advance, which means that they seek appropriate legal counsel.
How Plea Deals Are Negotiated
As a general rule, the steps are as follows:
- The defence lawyer receives the disclosure of the evidence made by the Crown.
- The lawyer consults with the Crown attorney about the solution to the problem.
- Mitigating factors which may be introduced by the defence may include an absence of a criminal history, employment stability, and willingness to seek counselling.
- If an agreement is reached, this is discussed with the client and then presented to the court.
- It is always the accused who makes the final decision whether or not to accept a plea deal.
Can I Withdraw a Plea Bargain?
In some cases the plea may be withdrawn before sentencing. This includes situations where the plea was not voluntarily made, where the accused was unaware of the consequences of their plea, or where there was serious error made in the process . However, after sentencing, it is very difficult to reverse a guilty plea, which is why it’s important to obtain legal counsel prior to entering a plea.
Should You Accept a Plea Deal?
This will depend on a number of factors including the strength of the Crown case, the seriousness of the charges, the likely outcome of a trial, the impact of a criminal record and the severity of the sentence if convicted at trial. All cases have their own specifics, and a professional criminal lawyer can help you analyze all of those aspects and find the way that suits you best.
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