Guilty Pleas and Resolution Discussions Policy

Purpose

A traffic ticket or other charge can be resolved by an agreement between the defendant and the prosecutor: for example, a guilty plea to the charge, or to a different charge, with agreed submissions about the penalty. This policy explains how NEO approaches these discussions, and how we make sure that any guilty plea is your own informed and voluntary decision.

Who it applies to

Clients we act for on a provincial offence, such as a Highway Traffic Act or by-law charge, or on a summary conviction charge that a paralegal may handle, as our Scope of Paralegal Practice Policy explains.

Talking with the prosecutor

1. We may discuss a resolution. Before or after a charge is laid, we may discuss with the prosecutor how your case could be resolved, unless you tell us not to.
2. Meetings with the prosecutor. Where the offence notice offers it, you can ask for a meeting with the prosecutor to discuss resolving the charge, instead of asking for a trial. You must ask within a short time, in the way the notice sets out, so contact us as soon as you receive a ticket. At the meeting, you and the prosecutor may agree that you will plead guilty to the offence, or to a different offence. You may also agree on what you will both say about the penalty, including more time to pay. The plea is then made before a justice, who decides whether to accept it and imposes the penalty. If there is no agreement, the case goes to trial.
3. Honest dealing. We never mislead the prosecutor or the court about the facts, the law or your position.
4. Your information stays confidential. We tell the prosecutor only what you have authorized us to share.
5. No promises. We can't promise any outcome, including that a charge will be withdrawn or reduced, or that a particular penalty will be imposed.

Before any agreement on a guilty plea

We make an agreement with the prosecutor about a guilty plea for you only after we have looked into your case, and only if:

1. We have advised you on your chances. We explain your prospects of being found not guilty, and of being found guilty.
2. We have explained the consequences. We explain what a guilty plea means for you, including the possible penalty and other consequences, such as effects on your driver's licence, demerit points or insurance.
3. We have explained the court's role. We explain the court's power to decide the penalty, and that the court is not bound by any agreement between you and the prosecutor.
4. You admit the offence. You must be prepared, voluntarily, to admit the facts that make up the offence, and any state of mind it requires.
5. You have told us to. You must instruct us, voluntarily, to make the agreement. We confirm your instructions in writing.

A plea must be true and your own

• Never plead guilty to something you didn't do. If you don't admit the offence, we won't make an agreement for you to plead guilty to it.
• No pressure. The decision is yours. We never pressure you to plead guilty, including by threatening to stop acting for you.
• What the court checks. Before accepting a guilty plea, the court must be satisfied that you are pleading voluntarily and that you understand what the plea means and its consequences. It must also be satisfied that you understand that the plea admits the essential elements of the offence, and that the court is not bound by any agreement with the prosecutor. In a Criminal Code case, the court must be satisfied, too, that the facts support the charge.
• A different charge. With the prosecutor's consent, the court may accept a guilty plea to an offence other than the one charged.

If you have admitted the offence to us

You can tell us the truth in confidence. If you have admitted the offence to us, we can still test the prosecution's evidence and argue that it doesn't prove the charge. But we can't say anything, or call any evidence, that contradicts what you told us. We explain these limits to you.

Other consequences

• Some convictions can affect immigration status, employment or a licence. We don't give immigration advice, so if you aren't a Canadian citizen, we recommend that you get advice from a lawyer about that before you decide how to plead.
• Young people charged with a provincial offence have special rules, as our Clients Under 18 Policy explains.

If we have to stop acting

In provincial offence and other quasi-criminal or criminal matters, special rules limit when we may stop acting before a trial. We follow them, as our Withdrawal of Services Policy explains.

Review

This policy is reviewed at least once a year, and whenever the Law Society's By-Laws or rules change. The principal approves every change.

Questions

Email info@neolegalservices.com, call 647-200-3526 or toll-free 888-519-2435, or write to us at Unit 236, 1099 Kingston Road, Pickering, Ontario L1V 1B5.