Criminal Matters: To Trial Or Not To Trial? That Is The Question

When facing criminal charges, it may feel like the walls are closing in. The legal system, though, boils down to two basic options: resolve your case without a trial or head to trial and let the court decide. Your lawyer will likely tell you the same: non-trial resolution or trial—those are your paths.

But before you imagine a dramatic courtroom showdown or prematurely plead guilty, let’s break down what these options really mean. Spoiler alert: there’s more to non-trial resolutions than just admitting guilt, and trials are far more nuanced than they seem on TV.

Non-Trial Resolution: More Than Just Pleading Guilty

If you’re not keen on going to trial, there are several non-trial options, some of which might surprise you. These routes can spare you the stress, expense, and uncertainty of a courtroom battle.

One option is alternative measures or diversion programs, which can include participating in counseling or educational programs or writing an apology letter to the victim. The end result is often a stay of proceedings, meaning the charge essentially disappears after the conditions are met.

Fines are another option for certain offenses, allowing you to resolve the case with a payment rather than enduring lengthy court proceedings.

Peace bonds are a possibility in situations where the alleged victim has a reasonable fear of bodily harm. These bonds involve agreeing to specific conditions, such as no-contact orders, without admitting guilt or resulting in a criminal conviction.

Restitution offers another avenue, where you compensate the victim for any financial losses they suffered because of the offense.

Of course, you can also plead guilty. Sentencing options for guilty pleas include absolute or conditional discharges, suspended sentences with probation, conditional sentence orders served in the community, or jail time, with or without probation. The specific sentence will depend on the circumstances, the nature of the offense, and whether you and the Crown agree on a joint submission or contest the sentence.

It’s worth noting the significance of the Supreme Court’s decision in R. v. Anthony-Cook, 2016 SCC 43 (CanLII), [2016] 2 SCR 204, which emphasizes that joint submissions should generally be respected unless they would bring the administration of justice into disrepute. Section 606 of the Criminal Code ensures that any guilty plea is voluntary and informed.

Trial: Rolling The Dice

If non-trial resolutions aren’t appealing or viable, the courtroom awaits. A trial is your opportunity to defend yourself, challenge the Crown’s case, and possibly walk away acquitted.

The Crown bears the burden of proving its case beyond a reasonable doubt. If they fail to meet this standard, you are acquitted.

Trials involve witnesses and evidence. The Crown presents its case first, calling witnesses and directing their testimony. The defense then cross-examines these witnesses to test their credibility and the strength of the Crown’s case. You can also subpoena your own witnesses or decide not to call evidence at all—there are no adverse inferences drawn from your silence.

Trials also allow for legal arguments, such as Charter challenges or voir dires, to address issues like unlawful searches or improperly obtained evidence.

After all the evidence is presented, both sides make closing submissions. The verdict—delivered by a judge or jury—determines the next steps. An acquittal means you are free to go, while a conviction leads back to sentencing, with the same options available as in non-trial resolutions.

For some offenses, you may have the right to a jury trial. This adds an additional dynamic, as a jury of your peers determines the facts of the case under the judge’s guidance.

The Bottom Line

Whether you opt for a non-trial resolution or decide to fight your case in court, the decision is significant and should be made with the advice of your lawyer. Each option has its advantages, challenges, and risks.

Non-trial resolutions can offer closure and a quicker resolution, but they’re not about rolling over and pleading guilty. Trials, while unpredictable, ensure that the Crown bears the burden of proving their case.

The legal system is a complex machine, and your lawyer is your guide. Know your options, understand your rights, and make informed decisions. Your future depends on it.