PLEA BARGAIN OPTION

Unlike many other law offices, Lawyers & Law Students do not just plea bargain your case, they fight for you. What is different about Lawyers & Law Students is that they try everything possible within the scope of the law to win your case, such as: defects in the evidence and also in the law in itself. They try to go the extra mile to achieve all of your goals.
You have the right to a trial or plead guilty. The Judge may accept your guilty plea in Court, but only if the Judge is satisfied that;

You are making the plea freely and voluntarily
You are making the plea without any undue influence or coercion; You understand that the plea is an admission of the essential elements of the offence;
You understand the nature and consequences of the plea including the range of dispositions that could reasonably be imposed, including a registered conviction on your criminal or driver's record;
You understand that the Court is not bound by any agreement made between you and a Lawyer or a Law Students, including what sentence should be imposed.
You understand that by entering a guilty plea, you are giving up your right to have a trial.
If the Judge is not satisfied with any of these 6 issues, then the Judge may decide not to accept your guilty plea and tell you to proceed with your trial.

Lawyers & Law Students uses various laws and caselaw decisions from higher Courts to negotiate your sentence with the police officer and prosecutor, a possible sentence such as;

Reduce amount of Court fine;
Reduce amount of jail term and/or house arrest;
Reduce amount of time to be served for community service;
Reduce amount of driver’s license suspension;
Reduce amount of demerit points;
Reduce original offense down to a lower offense;
Reduce amount of days for seizure of vehicle;
Reduce amount of time to drive with breathalyzer unit in vehicle;
Reduce amount of M.T.O. remedial measures program.

In some circumstances, your case may get withdrawn or dismissed in your favour due to negotiation techniques

Disclosure

Lawyers & Law Students are entitled to receive full and complete disclosure in the prosecutor’s possession or control that is relevant to your charge(s). Disclosure must include; police officer(s) note(s), video tapes, electronic recordings, accident reports, statements made by you or witnesses, will say statements by third parties, names of parties subpoenaed to testify, names of all police officers present at scene of crime, copy of certified documents from Ministry and copy of criminal or driver’s record.

Role of the Judge and others in the courtroom

i) Judge: The Judge is an independent and impartial judicial officer who will hear your plea bargain. The Judge is required to ensure that you receive a fair sentence. He or she is not allowed to give you legal advice.
ii) Prosecutor (“Crown Attorney”):The prosecutor is the person with the authority to prosecute the offence.

iii) Court clerk: The court clerk sits in front of the Judge and assists him or her by; reading the charges and asking your a law student if you plead guilty or not guilty, swearing or affirming witnesses, or taking care of the exhibits during the plea.

iv) Court reporter or court monitor: The court reporter or court monitor is responsible for making a recording of what is said during the plea, or for monitoring the equipment that records everything that is said.

Summons to Witness (“subpoena”)

A Summons to Witness is a court order requiring the witness to come to court. Witnesses must appear in person in the courtroom for the plea. The prosecutor is not required to subpoena or call anybody as a witness on your behalf

Submissions

After the plea is presented, the Judge will give your Lawyers & Law Students and the prosecutor an opportunity to make submissions. You will be permitted to tell the Judge your version of the events as part of your submissions.

Sentencing

The Judge may either sentence you immediately or adjourn sentencing to another date. The sentence may include a fine, license suspension, probation, jail or other orders.

Before you are sentenced, the Judge will hold a sentence hearing at which point your Lawyer or Law Student and the prosecutor will have the opportunity to tell the Judge what your Lawyer or Law Student and prosecutor thinks the appropriate sentence should be and why. Your Lawyer or Law Student may also tell the Judge about any circumstances relating to you or your offence, or about the penalty, medical issues, family / work / education background, your ability to pay a fine or whether you require time to pay a fine.

(i) Aboriginal defendants: A Judge must pay particular attention to the circumstances of aboriginal offenders when considering a jail sentence.

(ii) Court costs: Court costs will be added to any fine and a victim fine surcharge tax will also be added to any fine. The Judge has no power to waive or reduce these amounts.

(iii) Demerit points: Driving-related demerit points are automatically imposed by law if you are found guilty of certain driving offences. The Judge has no power to waive or reduce demerit points.

Appeals

You have the right to appeal any sentence within the time fixed by law, usually 30 days. Your a law student will explain the rules regarding appeals, including how to perfect your appeal.

PLEA BARGAIN OPTION

PLEA BARGAIN OPTION

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