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Sunday, February 14, 2010

Should You Plead Guilty to a Criminal Charge?

A reader asks: "How can I tell if I made guilty, Plead with me?"

The short answer is: If you are not a criminal lawyer, and you have not reviewed the evidence that the police and Crown lawyers have about your case, YOU DO NOT KNOW.

A defense lawyer is much more to its customers, for the conduct of the study. Before a date is also planned, a good defense lawyer will do the following for you:

1. Get allthe crown of evidence ( "disclosure") and check to see if there is enough evidence to convict you of the cost. This is not as easy as it sounds. It is a thorough review of police notes and records to ensure that you, with all that has been delivered, and then only with the charge against you. Usually there are a number of different aspects of the accusation that the Crown has to prove before you are sentenced.

2. Conduct an assessment of the witnesses istestify against you. Do they have criminal records? Do they have a reason to lie to the police or the court? A defense lawyer believes these very issues.

3. Meet determine with the Crown attorney to the best deal available. A defense lawyer who has reviewed the publication and aware of the weaknesses in the crown is in a position to negotiate a better deal.

4. Meet with the Crown attorney and judge, to try to reach an acceptabletreated and / or withdrawal of the charges against you.

5. Measure the steps taken by the authorities to determine whether violations are against your rights. In some situations, a violation may lead to the Charter to ensure that any termination of your case. In the other case, the evidence from the courtroom may be excluded if found by the police in violation of the Charter.

6. Consider whether the criminal charge itself is contrary to the Charter. Many sections of the Criminal Code of Canada were crushed bythe court, because a vigilant defenders realized that they were formulated in too general, or had another error.

7. Clarify the consequences of an admission or a finding of guilt at trial. A defense lawyer is aware of the proper framework for criminal offenses and penalties for situations like yours.

8. Helping them to take action to improve before the sentencing outcome. Can help in some cases a lawyer to seek an addiction utility to control anger therapy received letters of supportto decide or to reduce further initiatives to your opinion.

Only when all these measures have been taken, that you are really in a position to decide whether it is in your best interest to plead guilty.



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