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

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

When an accused is charged with a hybrid offence, the Crown Prosecutor can elect to proceed by way of indictment, or they can elect to proceed summarily. When the Crown proceeds by way of summary conviction, the matter will be heard before the provincial court and the defence will not have an election. If the Crown proceeds by indictment, the accused will have an election, meaning they can choose the mode of trial. For an overview of what to expect in court, see our criminal court process in Toronto guide.

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.

Whether you should elect to be tried by judge alone or by judge and jury depends heavily on your unique circumstances. Selecting a mode of trial is an important step in the criminal trial process and should be made in consultation with one of our experienced criminal defence lawyers.

A “plea” is the formal response to a criminal charge.  You may also have resolution options to avoid a criminal record.

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 Toronto, 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 Toronto Election and Plea lawyer today by calling (647) 986-8077.

Key Takeaways

  • In hybrid 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 Strategic Criminal Defence lawyer can help inform you of your rights as you make an election and enter a plea.

How can an election and plea lawyer in Toronto help?

A Strategic Criminal Defence lawyer can 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 also 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.

Consequences of Election and Plea Decisions

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.

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. If you are charged with a summary offence, you do not choose and your case will automatically go to provincial court.

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.

The primary election made by the prosecution is in the case of hybrid offences. When an accused is charged with a hybrid offence, the Crown Prosecutor can elect to proceed by way of indictment, or they can elect to proceed summarily. When the Crown proceeds by way of summary conviction, the matter will be heard before the provincial court and the defence will not have an election. If the Crown proceeds by indictment, the accused will have an election, meaning they can choose the mode of trial.