Exploring Plea Bargains: What Are The Options

Plea bargains are a well established part of the Canadian Judicial System. In today’s blog article, we will address the main types of plea bargains or plea agreements and how they work. 

Charge Bargaining

Charge bargaining means negotiating between the defence and the prosecution (the Crown) whether the charges can be reduced, which usually equates to less severe penalties if found guilty. The defence lawyer will try to get the charges reduced based on several factors including evidence that may or may not exist and which both sides know about.

Sentence Bargaining

Sentence bargaining refers to negotiating a lesser or reduced sentence provided that the defendant pleads guilty and waives the right to trial. Then both the Crown and the defence prepare a joint submission for the judge on what they agree upon. Doing away with the trial saves both sides a lot of time and money, and often reduces the emotional weight of a trial on any victims, who then will not have to testify about their ordeal.

Fact Bargaining

Fact bargaining refers to agreements made before a trial begins on what facts are already agreed upon by both sides, so that the court does not have to waste time proving X, Y, or Z, because both sides agree on certain facts of the case. Fact bargaining can shape how a trial will proceed, and a judge’s view of the big picture, for better or for worse.

Judges

Be aware that in Canada, judges maintain oversight of any plea agreements. Just because both sides agree on something, does not mean that a judge will approve the agreement. A judge has the right to refuse an agreement for many reasons.

Considerations

There is considerable leeway in negotiating agreements. This freedom is guided by several factors, some of which we have already mentioned, such as evidence that exists or does not exist, victim impact, and the cost and burden to the court of a long trial.

If you have been charged with assault, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.