hi there i wanted to know if someone was charged with sexual assult and sexual interferance and transfered there case to another province in a guilty plea bargin how can they go about this if they dont have a criminal record or can confirm what they did was a mistake
British Columbia lawyer
There are a few different issues here.
Moving charges from one jurisidction to another is called a waiver and is ONLY allowed for entering a guilty plea and sentencing proceedings. It also requires the argeement of the Crown prosecutors in both jurisdicitons (the prosecutor in the home jurisidiction is usually the more important). Before a person even considers this they should fully review the case with a lawyer to determine (1) if pleading guilty is a good idea and (2) what sentence or penalty is likely after a guilty plea.
A waiver can be arranged by forms that are usually provided by the Crown prosecutors office or the court registry. The forms and specific procedure differ a little from place to place, but generally only require information about the accused and the disclosure material. The whole process can take several weeks.
A plead "bargin" is not something that can determine sentence in advance. The prosecutor may (and often will) agree to ask for a lighter sentence in the event of a guilty plea, but this does not bind the judge. It's important to remember that some sexual offenses now attract minimum jail sentences so it is crucial to know exactly which offence will be the subject of the guilty plea.
Knowing that an act was a mistake is a postive thing and is often mitigating on sentencing, but it may not make a significant difference (depending on the individual case).
Sexual offences are usually high jeopardy cases and require advice from an experienced lawyer.
Posted about 7 years ago
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