Never plead guilty® to any criminal charge until you are fully informed.

Never assume you'll be found guilty.

Never plead guilty to any criminal charge until you are fully informed about the case against you. The best way to get informed is to have a criminal defence lawyer review your case.

When you go to court.

At your first court appearance the judge will ask you, "How do you plead?" You will have three options:

• plead guilty
• plead not guilty
• reserve your plea (which allows you to put your plea over to another date)

When you enter your plea the judge will assume you understand the consequences of that plea. One reason a judge would allow you to reserve your plea is to give you an opportunity to get informed. Make certain you do.

Find out if the charges against you can be proved.

Before you enter your plea, be sure to find out if the charges against you can be proved. Otherwise, you might enter a guilty plea to a charge you might not have been found guilty of.

The burden of proof in criminal law is on the prosecution. It must prove the case against you. You do not have to prove you are innocent. What's more, the prosecution must prove its case "beyond a reasonable doubt" - that is, the judge must be "sure" you committed the crime.

Why are thresholds set so high for the prosecution? This is to minimize the chances of convicting an innocent person. Sometimes the prosecution cannot prove the case against you "beyond a reasonable doubt." When that happens, the charges against you must be dismissed.

Criminal defence lawyers know what the prosecution needs to prove. They also know whether or not it likely can be proved. Have your case reviewed before you enter your plea and find out if the case against you can be proved.

Find out if you have a defence to the charges you're facing.

Criminal law is loaded with defences. You might be surprised how often defences are available (for example, "self defence" to a charge of assault or the defence of "consent" to a charge of sexual assault). You may think you don't have a defence. Don't assume. Find out for certain before you enter your plea.

Criminal defence lawyers are familiar with the available defences. They'll know if one is available to you.

Find out if plea negotiations are appropriate.

Please negotiations are also known as plea bargaining. There may be a way for you to enter a plea to a lesser offence - a charge that doesn't come with a criminal record. For instance, you might be able to plead guilty to a provincial driving offence in place of a criminal driving offence.

Another possibility is entering into a diversion program or an agreement with the Court (such as a "peace bond") that can save you from being convicted of a crime. Once the program is successfully completed, the charges against you are "stayed" (that is, the prosecution does not proceed with them).

Criminal defence lawyers know when plea negotiations are appropriate and what programs are available to you. They know how to approach the prosecution and present the plea negotiations.

Plea negotiations are tricky. Handled correctly, you can get a great result. Don't try to negotiate on your own. Talk to a criminal defence lawyer and find out if a plea negotiation is appropriate in your case.

Finally, find out what penalties and consequences you're facing. Find out how a criminal record will affect you in both the short and long term.

The bottom line.

A judge will assume you have considered all your options and are aware of the consequences of your plea. They will assume you are making an informed decision when you enter your plea.

So make certain you are. Talk to a criminal defence lawyer before you go to court. If you choose to plead guilty, you can always do so after you have received advice from a criminal defence lawyer.