If an accused person does not qualify for alternative measures, and the crown refuses to withdraw the case, it will be dealt with by the Court by either going to trial or pleading guilty.
You should never plead guilty to an offence without carefully considering the matter and the alternatives with an experienced criminal lawyer.
If you do decide to plead guilty, we may be successful in obtaining an absolute or conditional discharge in certain circumstances – depending upon the nature of the offence (and whether it has a minimum sentence). See the offence penalty chart. To do so, we must convince the Court that not only would the discharge be in your best interests, but it must also not be contrary to the public interest.
If the Court is of the opinion that a discharge is appropriate, it will, instead of convicting you, direct that you be discharged absolutely or on conditions set out in a probation order. An absolute discharge takes effect immediately and you are not considered convicted of the offence.
A conditional discharge is where the individual is placed on probation for a period of time with conditions to be met, and the discharge does not become absolute until the completion of the probation.
Criminal Defense Lawyer Extensive coverage Criminal in Southern Ontario
Covering Oakville, Milton, Mississauga, Hamilton, Georgetown, Guelph, Kitchener, Waterloo, St Catharines, Burlington, Hamilton and the Niagara Region.
We also take cases in other regions so please call us if your area is not listed.
For a consultation with our criminal lawyer please call 905-847-2826.