Criminal Sentencing
Lawyer in {city}

The Fight Does Not Always End With a Guilty Plea or Finding of Guilt

A charge is not a conviction.

Before you plead guilty, let me review the evidence and explain your options.

The first question I’ll look at is whether the charge can still be fought, withdrawn or resolved without a conviction.

But that is not possible in every case.

Sometimes, after I have reviewed the evidence with you, a guilty plea may be the right decision. Sometimes a person is found guilty after trial.

When that happens, the fight changes.

It becomes a fight over sentence.

And that can be just as important as the trial itself.

Your Sentence Is Not Automatic

Being found guilty does not automatically tell you what the sentence will be.

The judge still has to decide what sentence is appropriate.

The court may look at what happened, how serious the offence was, your role in it, your criminal record and your personal circumstances.

What you have done since the offence can matter too.

So can what the Crown asks for and what I put before the judge on your behalf.

Two people convicted of the same offence do not always receive the same sentence.

That is why I do not treat sentencing as an afterthought.

A Good Sentencing Argument Starts Before Court

If I am representing you at sentencing, I want time to prepare.

I may need information about your work, family, health, counselling, treatment or other circumstances the judge should know about.

Reference letters or records may need to be collected.

I can also speak with the Crown about the sentence it plans to ask for.

Sometimes the Crown and defence can agree on the sentence they will ask the judge to impose.

The earlier we start, the more time I have to prepare properly.

What I Can Ask the Judge to Do

That depends on the charge and the circumstances.

I may be able to argue that jail is not necessary.

If the Crown is asking for jail, I may argue for less time.

I may also be able to ask the judge to consider probation, a fine, a discharge where one is legally available, or another sentence that can be served in the community.

The judge makes the final decision.

My job is to give the judge good legal and factual reasons to impose a lower sentence.

What Criminal Penalties Could You Face?

The possible sentence depends on the offence and your circumstances.

It may include:

• An absolute or conditional discharge, where legally available
• Probation
• A fine
• Paying back losses caused by the offence, called restitution
• A conditional sentence, served in the community under strict rules
• Driving or other restrictions
• Jail

Some offences have minimum penalties or limits on what a judge can impose.

Others give the judge more room to decide.

Do not assume the worst possible sentence is inevitable.

I can explain what penalties actually apply to your case and what I can argue for on your behalf.

Call me at {tel}

Can I Help You Avoid Jail?

Sometimes.

Jail is not required in every criminal case.

If the Crown is asking for jail, I can look at whether another sentence is available and explain to the judge why it should be considered.

If jail cannot be avoided, I may still be able to argue for less time.

There are no guarantees.

But accepting the Crown’s position and making a properly prepared sentencing argument are not the same thing.

Can You Avoid a Criminal Conviction?

In some cases.

A discharge allows the court to find a person guilty without registering a conviction.

But a discharge is not available for every offence or every person.

There may also be opportunities earlier in the case to have the charge withdrawn or resolved without a conviction.

That is another reason not to plead guilty before I have reviewed the evidence and explained your options.

 

Frequently Asked Questions About Criminal Sentencing

Does pleading guilty mean I will go to jail?

No. Jail is one possible sentence, but it is not required in every case.

I can explain what sentencing options may be available and what the Crown is likely to ask for.

Can you argue for a lower sentence?

Yes.

I can challenge the sentence the Crown is asking for and explain why the judge should impose a different sentence.

What should I do before a sentencing hearing?

Speak with me as early as possible.

I may need time to gather information about your work, family, counselling, treatment or other circumstances that may help at sentencing.

Can I get a discharge instead of a conviction?

Sometimes.

A discharge is available in some cases but not others.

I can tell you whether it may be an option in your case.

Does my criminal record affect my sentence?

It can.

I will look at your record, the new offence and the circumstances of the case and explain how your record may affect sentencing.

What if I have already pleaded guilty?

If you have pleaded guilty but have not yet been sentenced, there may still be important work to do.

I can review the penalties you face and prepare the arguments that can be made before sentence is imposed.

Talk to {lawyer} Before You Are Sentenced

If you are facing sentencing in {city}, I can explain what the Crown is asking for and what other sentencing options may be available.

I’ll review the case, explain the penalties you may face and prepare the arguments I can make on your behalf.

Call me at {tel}

{lawyer}
Criminal Defence Lawyer
{city}, {province}

Tell me what happened. I’ll explain where you stand and what can still be done.