Criminal Defence Lawyer Toronto | Plea Bargains vs. Trial: What’s the Best Option?
People charged in Canada’s criminal justice system are given two choices: taking a plea deal or going to trial. This choice can have long-term effects that impact the person’s future job, reputation, and freedom. At Erickson Law, we are dedicated to giving our clients legal advice since we recognize the seriousness of this decision. John Erickson, an accomplished criminal defence lawyer in Toronto, has successfully negotiated plea deals and gone through complete trials to get the best results for his clients.
Plea bargains are agreements between the Crown prosecutor and the defence whereby the accused accepts a reduced sentence or enters a guilty plea to a lesser charge to avoid a trial. Plea bargaining is justified by the need to speed up the legal process, ease court overcrowding, and give the defence and the prosecution some degree of certainty.
The Crown offers a plea bargain if their case is weak if there are doubts about the reliability of the witnesses, or just to save time and money on a trial. Plea agreements must be considered to ensure the accused is not unjustly taking responsibility for a crime they did not commit, even if they can be advantageous in some circumstances.
Plea agreements have potential disadvantages as well as benefits. The certainty it provides is one of the main advantages. The outcome of a trial is uncertain, but a plea agreement lets the accused know exactly how much they will be sentenced to. Furthermore, a plea deal results in a sentence that is less severe than what may be imposed following a conviction at trial.
But there are serious dangers. A person forfeits their right to a trial and their possibility of being acquitted when they enter a guilty plea. Even if the charge is dropped, having a criminal record can have long-term consequences, such as trouble finding work, travel limitations, and immigration problems. At Erickson Law, we consider every case to make sure that our clients would benefit from accepting a plea bargain.
In some cases, going to trial is the wisest course of action, even when accepting a plea deal can seem like the safest option. A trial might offer a stronger chance for a complete acquittal if the prosecution’s case is weak, there is evidence in the accused’s favour, or constitutional rights were violated during the investigation.
To determine whether any legal mistakes were made during the arrest or investigation, a skilled criminal defence lawyer in Toronto will examine the evidence, evaluate witness accounts, and conduct an investigation. Instead of accepting a lower conviction, we advise battling the charges in court if there is a significant chance of a successful defence.
Whether to accept a plea bargain or go to trial depends on a number of circumstances. The evidence’s strength is crucial. A plea deal could lessen the severity of the punishment if the prosecution possesses strong evidence, such as surveillance footage, reliable witness accounts, or forensic results. However, a trial can be the wiser option if the evidence is ambiguous or weak.
Another factor is the possible consequences of a conviction. In many situations, a plea agreement might be the only chance to escape a severe jail sentence because certain counts carry mandatory minimum penalties. On the other hand, there could not be much of a disadvantage to contesting the accusations if a conviction at trial would result in a similar conviction to the plea agreement.
It is also necessary to take into account the accused’s circumstances. A guilty plea may result in a harsher sentence for people with past offences. On the other hand, more lenient plea agreements can be available to first-time offenders. Our approach at Erickson Law considers not only legal considerations but also how each choice fits our client’s long-term goals.
It’s important to consider when deciding between a plea deal and a trial. Negotiating advantageous plea deals and developing a solid defence plan if the case goes to trial require the assistance of an experienced criminal defence lawyer in Toronto.
Our first course of action at Erickson Law is to examine the matter. We review the evidence for flaws, look into police practices to find any rights violations, and, if needed, speak with witnesses. We evaluate whether a plea agreement from the Crown is a reasonable conclusion or if better conditions can be worked out. We prepare to refute the prosecution’s case and push for an acquittal if a trial is the desired outcome.
Plea deals are not just offered in small cases, despite what many people believe. For serious offences like fraud, violence, and even manslaughter, plea deals can be struck. Another misunderstanding is that a guilty plea entails an instant sentence. In actuality, discussions on punishment conditions, such as whether jail time can be avoided, can still happen.
Additionally, some people think that turning down a plea bargain automatically results in a conviction at trial. This myth is dangerous. Many defendants who turn down plea deals win their cases in court with the help of a criminal defence lawyer in Toronto. Making an educated choice based on an understanding of the law is important.
One of the most important choices an accused person will have is whether to accept a plea deal or proceed with a trial. At Erickson Law, we give our clients counsel so they can make the best decision possible. John Erickson, a criminal defence lawyer in Toronto, ensures that every legal option is investigated, whether through plea bargaining or trial.
Contact Erickson Law now if you want knowledgeable legal representation. We will assess your case, review your alternatives, and create a plan that puts your interests first. Allow a defence lawyer to assist you in making this important choice.
