FAQs Archive - Page 9 of 12 - Muenz Criminal Law

Q: When Should I Consider Pleading Guilty?

You should only ever plead guilty if you have been apprised fully of what your options are. Do not simply plead guilty because you believe that you are responsible for what happened. You may feel guilt, believe you are responsible, and yet be legally innocent. Moreover, the prosecution may not be able to prove their case against you and it may be worth it to go to trial. At the end of the day, the choice to plead guilty is never as simple as it may at first seem. At Muenz Criminal Law - Calgary Criminal Defence Lawyers, we ensure that our clients always make their choice to plead guilty or not guilty being informed of the consequences and the other options that are available. We also always ensure that we have first reached out to the Crown prosecution to determine what their position is on sentencing, should you plead guilty. We will also make sure to negotiate with the Crown prosecutor what the sentence ought to be if you voluntarily take responsibility. In short, you should only ever consider pleading guilty if you have had a lawyer explain all of your options to you and a lawyer has had the chance to negotiate the best plea deal available to you.

Q: What Can I Expect During The Sexual Assault Trial?

During the sexual assault trial, you can expect that the alleged victim will testify and that you, the person charged with sexual assault, will have to testify afterwards. The court will then hear closing arguments from both the prosecutor and your criminal defence lawyer. Sometimes, there are additional pieces to the sexual assault case. However, in the majority of cases, there is no evidence other than what the alleged victim and you have to say about what happened. It is important to know that a judge does not have to decide who to believe and will not decide the case simply on whose version they prefer. Almost always, the judge has to decide whether your version of what happened is believable. If so, then the judge will acquit you and find you not guilty.