Can I make a plea bargain?
Question & AnswerCan I make a plea bargain?
4. Talk to the Crown
You or your lawyer can talk to the Crown about the they plan to recommend, and try to agree on a sentence. You can do this when:
- you go to your Crown pre-
- you go to your judicial pre-trial, if you decide to have one
Try to talk to a lawyer or before taking with the Crown. A lawyer or duty counsel can help you understand what you should talk about and what you should not discuss with the Crown.
The Crown pre-trial is your first chance to talk to the Crown about your case. The discussion takes place in private outside the courtroom. Be very careful about what you say to the Crown. Do not talk about what happened in your case. You don’t want to accidentally say something during a pre-trial that the Crown can later use against you if you decide to and have a trial.
A judicial pre-trial is similar to a Crown pre-trial, except a judge is also involved in the discussions with you and the Crown. The judge may say what they believe would happen in your case if there was a trial and what your sentence might be. They do this based on the law and the circumstances of your case.
If you convince the Crown to agree with the sentencing you want, you and the Crown are in what is called a . The judge usually accepts a sentence agreed to in a joint position. But the judge can reject the sentence if they think it’s not reasonable.
If you and the Crown don’t agree on a sentence, you’re in an open position. This means each of you can tell the judge why the sentence you’re recommending is appropriate. The judge decides your sentence based on what they think is appropriate and reasonable.