PLEA BARGAIN OPTION

Unlike many other legal service providers, Remote Law Assistants does more than simply negotiate plea agreements. Our team advocates for you by exploring every available legal option, carefully examining the evidence and identifying potential weaknesses in the prosecution’s case and the applicable law. We strive to go the extra mile to help you achieve your legal goals.

If you are facing criminal charges, you have the right to a trial or may choose to plead guilty. A judge may accept your guilty plea only if satisfied that:

You are entering your guilty plea freely and voluntarily, without undue influence or coercion.
You understand that pleading guilty means admitting to all the essential elements of the offence.
You understand the nature and consequences of your plea, including the possible sentences that may be imposed and the potential impact on your criminal or driving record.
You understand that the court is not bound by any agreement between you and the prosecutor, including any agreement regarding the sentence to be imposed.
You understand that by pleading guilty, you are giving up your right to a trial.

If the judge is not satisfied that these conditions have been met, or if the facts do not support the charge, the judge may refuse to accept your guilty plea. Your case may then proceed to trial.

Remote Law Assistants uses applicable legislation and case law from higher courts to assess your case and, where legally permitted, negotiate with the prosecutor to seek a favourable resolution. Depending on the circumstances of your case, possible outcomes may include:

Reducing the amount of court-imposed fines.
Seeking a shorter jail sentence or a conditional sentence, such as house arrest, where permitted by law.
Reducing the number of hours of court-ordered community service.
Seeking a reduction in the length of a driver’s licence suspension, where legally permitted.
Negotiating a resolution that may result in fewer demerit points.
Negotiating a reduction of the original charge to a less serious offence.
Challenging or seeking a reduction in the vehicle impoundment period, where permitted by law.
Exploring options to reduce the required driver’s licence suspension or determine eligibility for ignition interlock programs.
Providing guidance on Ministry of Transportation (MTO) remedial program requirements and available legal options.

Depending on the circumstances of your case, the evidence and the applicable law, negotiations may result in charges being reduced or withdrawn. In other cases, the court may dismiss the charges.

Disclosure of Evidence

Remote Law Assistants can help you request and review the disclosure relevant to your charges. You are entitled to receive all relevant information in the prosecutor’s possession or control, subject to applicable legal exceptions. Disclosure may include police officers’ notes, video recordings, electronic recordings, accident reports, statements made by you or other witnesses, anticipated witness statements, the names of witnesses expected to testify, information about police officers involved in the investigation, certified documents from the Ministry of Transportation, and relevant criminal or driving records.

Roles of the Judge and Other Courtroom Personnel

1. Judge or Justice of the Peace

The judge or justice of the peace is an independent and impartial judicial officer responsible for ensuring that you receive a fair hearing. They may hear your case, consider a guilty plea, determine the appropriate sentence and make decisions in accordance with the law. They cannot provide you with legal advice.

2. Prosecutor (Crown Attorney)

The prosecutor is responsible for prosecuting the offence and presenting the case against you. At trial, the prosecution must prove the elements of the offence to the applicable legal standard.

3. Court Clerk

The court clerk assists the judge or justice of the peace by reading the charges aloud, asking whether you plead guilty or not guilty, administering oaths or affirmations to witnesses, and managing exhibits during court proceedings.

4. Court Reporter or Court Monitor

The court reporter or court monitor is responsible for recording court proceedings or monitoring the equipment used to capture everything said during the hearing. In some courtrooms, the court clerk may also perform these duties.

Summons to Witness (Subpoena)

A Summons to Witness, also known as a subpoena, is a court order requiring a witness to attend court and provide testimony. Witnesses must attend the scheduled proceeding as directed, unless the court authorizes another arrangement.

The prosecutor is not required to subpoena or call witnesses on your behalf. If you wish to have witnesses testify in your defence, you should contact the appropriate court office well in advance to learn how to apply for a Summons to Witness.

Submissions

Following a guilty plea or conviction, the judge or justice of the peace will give you and the prosecutor an opportunity to make submissions. Where legally permitted, your authorized legal representative may present submissions on your behalf. You may also have an opportunity to address the court and explain any relevant circumstances surrounding your case.

Sentencing

The judge or justice of the peace may sentence you immediately or adjourn sentencing to a later date. Depending on the offence, the sentence may include a fine, probation, imprisonment or other court orders. Certain convictions may also result in a driver’s licence suspension.

Before imposing a sentence, the court will hold a sentencing hearing. You and the prosecutor will have an opportunity to explain what you believe the appropriate sentence should be and why. Where legally permitted, your authorized legal representative may make submissions on your behalf.

Your representative may also present relevant information about your personal circumstances, including your medical history, family responsibilities, employment, educational background, financial situation and ability to pay a fine. You may also request additional time to pay any fines imposed by the court.

(i) Indigenous Defendants

When determining an appropriate sentence, the court must give particular consideration to the circumstances of Indigenous defendants, including the systemic and background factors that may have contributed to their involvement in the justice system.

(ii) Court Costs

In Ontario provincial offences cases, court costs and any applicable victim fine surcharge are generally added to the fine imposed. These amounts are prescribed by law, and the court cannot waive or reduce them in these proceedings. Different rules apply to criminal cases, where a court may reduce or waive a victim surcharge in certain circumstances.

(iii) Demerit Points

Demerit points are automatically applied to your driving record when you are convicted of certain driving offences. The court has no authority to waive or reduce these points.

Appeals

You may have the right to appeal your conviction, sentence or both, subject to the applicable legal requirements and deadlines. In Ontario provincial offences cases, the usual deadline for initiating an appeal is 30 days, although filing and service requirements vary depending on the type of proceeding.

Remote Law Assistants can help you understand the applicable appeal procedures, filing requirements and deadlines within the scope of the services it is legally permitted to provide.

PLEA BARGAIN OPTION