The situation plays itself out every day in Ontario courtrooms.  In many cases a quick guilty plea will result in lesser sanctions than waiting for trial either in custody or while out on bail.

Example 1:  An accused person, for whatever reason, is unsuccessful at their bail hearing and is detained in custody.  Perhaps they are unsuccessful at a bail review as well.  A trial could be months away.  A guilty plea will likely result in their release sooner than a trial.  Even if the matter goes to trial, time served may be a likely sentence.

Example 2:  A couple is involved in a domestic dispute and one party is charged with assault.  The party charged is granted a bail that does not allow them contact with their partner.  They have to move out of their home and arrange contact with their children through a third-party.  Since they are out of custody, a trial could be a year or longer away.  A guilty plea will, with the consent of the other party, let them go home.

Example 3:  An accused person is released on a strict house arrest bail.  Again, being out of custody, a trial could be a considerably time away.  A guilty plea may result in a sentence with less harsh conditions than the bail order.

While I personally do not like assisting with guilty pleas in such circumstances, the practical reality is that a guilty plea and sentence will cause lesser hardships that waiting for trial (and ideally being successful at trial).  This is very frustrating as a criminal practitioner as clients often incur records that may be avoided.  It is equally frustrating as it raises questions as to the true purpose of bail which is meant to protect society from further offences and ensure that an accused person shows up for court.

Simply, if the law of bail suggests that a person should not be out in society, or can be out but under strict conditions, should the law of sentencing not follow similar logic?  Is sentencing that effective at rehabilitating and deterring an individual from committing further offences?  Does the fact of a plea really change the individual before the court?

Another issue is that, to plea, one must admit to the allegations before the court.  Ethically, a lawyer cannot assist if they are unwilling to do this, and a Judge will not accept such a plea.  As a result, individuals who may be factually innocent must undergo more hardships awaiting trial than those who plead guilty.

For more information on my criminal law practice, click here.