If you are facing criminal charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

An “election” refers to a defendant’s right to choose how their trial will proceed.

According to the Criminal Code of Canada, for many indictable (more serious) offences, accused persons can elect to be tried by a provincial court judge, by a superior court judge alone, or by a judge and jury.

A “plea” is the formal response to a criminal charge.

Section 606 of the Criminal Code allows defendants to plead guilty or not guilty. When someone pleads guilty, they admit to the offence and receive sentencing without a trial. If they plead not guilty, a trial is held to determine if they committed the crime.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of an offence beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

Key Takeaways

  • In hybrid (or “crown option”) offences, the Crown can decide whether to proceed with a charge as a summary or indictable offence.
  • For most indictable offences, you can choose whether your case will be heard in provincial court (with only a judge) or superior court (with a judge and jury).
  • However, for summary offences, they are always heard in provincial court.
  • A plea is your official answer to the charges, guilty or not guilty. It has to be voluntary, informed, and clear.
  • A lot of cases are settled through careful negotiation before or after the election and plea. Some possible results are lower charges, different measures, or the charges being dropped altogether.
  • Even after you make your choice and enter a plea, a Strategic Criminal Defence lawyer can sometimes find mistakes in how the case is being handled or problems with the evidence that could help your case.

How Can Our Lawyers Help With An Election and Plea

During these important parts of your case, a Strategic Criminal Defence lawyer can give you very important advice. 

  • We will clearly explain your options for the election, whether you want to go to provincial court, have a trial with just a judge, or have a trial with both a judge and a jury. We’ll also explain how each choice will affect your case.
  • Our lawyers can hire experts to look at the technical parts of your case before you decide how to plead. This information can help inform the next best steps for your case.

Election and Plea Decisions

The choices you make about your plea and your election can have a big effect on how your criminal case goes. 

  • If you are found guilty, these choices will directly affect the punishments you might get.
  • You are also choosing the court that will hear your case when you choose a type of trial. This choice is important because different courts may handle cases in different ways, which could change the sentence if you are found guilty.
  • The most important thing that will happen next in your case is how you plead: guilty or not guilty. Please talk to someone on our team about this choice as soon as you can.
  • To make smart choices about elections and pleas, you need to know right away how your choices will affect the process and your sentence in the long run.

Frequently Asked Questions

For some offences, you can pick which court will hear your case. If you are accused of a more serious crime, also known as an indictable offence, you can choose between three types of trials: a trial by a superior court judge only, a trial by a provincial court judge only, or a trial by a judge and jury in superior court. It matters which court you choose because each one has its own rules and ways of doing things. You can’t pick this for every charge. If you are charged with a summary offence, your case will automatically go to provincial court.

You don’t have to make this choice right away. The judge will usually put your case off for a few weeks so you can talk to your lawyer about the disclosure and make a decision if you’re not ready to elect.

If you say you’re guilty, you agree that you did what you were accused of. You lose your right to a trial if you plead guilty. Instead, you go straight to sentencing. If you say you aren’t guilty, you’re telling the Crown that they have to prove their case against you in court beyond a reasonable doubt. Your case will go to court after you say you are not guilty.

If you have elected to go to trial in superior court, a preliminary inquiry is a court hearing that happens before your actual trial. The Crown shows some of their most important proof in a small trial. The goal isn’t to find out if you’re guilty; it’s just to see if there is enough evidence to bring your case to court.