If you are facing criminal charges in Vancouver, there’s no doubt you’re likely feeling overwhelmed as you come to terms with the realities of defending yourself against the serious consequences that follow a conviction for crimes such as assault, sexual assault, weapons offences, drug possession and trafficking, theft and fraud, and more.
For most, the thought of going to trial is incredibly daunting, as are uncertain outcomes that hold the power to permanently alter the course of your life, including your right to work, travel, and simply exist without complication and lasting stigma.
At Vayeghan Litigation, we understand that being charged with a crime is a life-changing event that demands the utmost care when it comes to defending your freedom and securing the best possible outcome for those accused of criminal misconduct. Founded by Mo Vayeghan, a former Crown Prosecutor for the court system in British Columbia, Vayeghan Litigation understands how essential a strong foundation for defence is when it comes to lowering sentences, removing charges, and securing the best possible outcome.
Below, we’ll discuss the role that plea deals and deferred judgments play in navigating the criminal justice system, as well as how a skilled criminal defence lawyer will help build a strong case against conviction and protect your rights. Read on to learn more.
Will My Case Go to Trial?
One of the biggest misconceptions about criminal cases in Canada is that most of them go to trial. In reality, only about 4-10% of criminal cases actually proceed to trial, and trials by jury are reserved for more serious criminal offences where the Crown has chosen to proceed by indictment (source). Most criminal matters in British Columbia are resolved before trial through negotiations between the defense and prosecution, resulting in an agreed-upon resolution.
The negotiation process, commonly referred to as “plea bargaining,” plays a critical role in determining potential outcomes for the defendant. It involves discussions about the charges the prosecution will pursue and, consequently, what sentencing framework may apply if convicted. Plea bargaining can lead to reduced or even dropped charges, bringing an early resolution to the case.
While some defendants may feel that their case should go to trial, experienced lawyers know that early plea negotiations often result in quicker, more cost-effective outcomes. It is often the case that the timeframe between your initial court appearance and your arraignment hearing is critical to securing the best possible outcome. By avoiding the lengthy and expensive trial process, clients can save significantly on legal fees. Mr. Vayeghan and his team of skilled lawyers prioritize exhausting all plea bargaining options before setting matters for trial, aiming to bring a swift and favorable resolution whenever possible. This approach not only saves on costs but also allows for a timely resolution, reducing the stress and uncertainty of a prolonged legal battle.
When necessary, Mr. Vayeghan and his team are fully prepared to take a case to trial if it is in the best interest of the client. While plea negotiations can result in a favorable outcome, not every case can or should be resolved this way. In situations where negotiations fail to achieve a just result or where the client maintains their innocence, proceeding to trial may be the best course of action. Mr. Vayeghan and his team will always provide honest and transparent advice about your prospects at trial, carefully weighing the strengths and weaknesses of the case to ensure that you are fully informed. When trial is the best option, you can trust that Mr. Vayeghan and his team will advocate vigorously on your behalf, fighting to protect your rights and achieve the best possible outcome.
Examining the Function of Plea Deals in the Canadian Legal System
Plea deals, or plea bargains or plea agreements, serve as a mechanism that helps the criminal court system remain efficient and alleviate the strain caused by a high volume of cases that can potentially proceed to lengthy trials due to numerous charges. Under a plea deal, the Crown and the accused make an agreement wherein the accused agrees to plead guilty to a lesser charge (or one of several charges) in exchange for a reduced sentence, dismissed charges (which may lower the likelihood of being convicted as an indictable offence resulting in time in federal prison), or a more lenient penalty such as fines, probation, or other such stipulations where applicable.
It’s important to note that plea deals often require approval by a judge, meaning they must align with the core principles of the Canadian criminal justice system and be considered fair. While plea deals can offer significant benefits, such as reduced sentences and a more definitive resolution, they also come with important considerations that the defense must carefully evaluate.
By pleading guilty, the accused forfeits their right to be presumed innocent until proven guilty. Even with the benefit of reduced penalties, accepting a plea deal may result in a criminal record, which may carry long-term consequences like difficulties with employment and other lasting effects. These factors should be carefully considered before agreeing to any plea deal.
By pleading guilty, the accused forfeits their right to be presumed innocent until proven guilty. Even with the benefit of reduced penalties, accepting a plea deal may result in a criminal record, which can have long-term consequences such as challenges with employment and other lasting impacts. These factors should be carefully considered before agreeing to any plea deal. At Vayeghan Litigation, Mr. Vayeghan and his team will thoroughly review the potential consequences of any plea agreement with you, ensuring you fully understand the implications and helping you make the most informed decision for your case.
Corporate Wrongdoing: Deferred Prosecution Agreements
Deferred Prosecution Agreements (DPAs), are a relatively new resolution option, having been introduced to the Canadian legal framework in 2018. DPAs are designed to allow corporations accused of criminal misconduct to avoid conviction by fulfilling specific conditions set by the Crown. The Crown may order stipulations such as paying restitution or complying with enhanced regulatory requirements. Once the accused corporation has satisfied the conditions set by the Crown, their charges can be dropped. As with plea deals, it is important to be aware that DPAs are not a free pass for corporations accused of criminal acts; the stipulations involved are often quite stringent, and failure to comply in full can result in prosecution being re-engaged and charges being pursued. For those in the position to consider a DPA (typically those facing charges related to corporate organizations facing fraud or theft charges), it is crucial to ensure that you understand the full extent of your conditional obligations and are prepared to abide by them implicitly.
The Crucial Role of a Criminal Lawyer When Considering Plea Deals and DPAs
Navigating the intricacies of plea deals and deferred judgments requires a deep understanding of the law and strategic foresight that protects the rights of the accused throughout the entire legal process. To achieve the best outcome possible, it is crucial to have the right criminal lawyer by your side. Your attorney will outline the pros and cons of accepting a plea agreement or DPAs, weigh the risks of proceeding to trial, and ensure that any agreement made is in the client’s best interest to protect them from future legal jeopardy.
Experience and Insight You Can Trust: Meet Mo Vayeghan of Vayeghan Litigation
While some criminal attorneys have a strong command of the Canadian Criminal Code and the ability to negotiate with prosecutors, few intimately understand the Crown’s perspective and the thought process they utilize to pursue conviction.
As a former Crown Prosecutor, Mo Vayeghan not only knows how the Crown thinks, but he also knows how to analyze evidence, allegations, and existing precedents to identify any weaknesses in the case against you to masterfully defend your right to freedom and fair representation in a court of law. With extensive experience at every level of BC’s court system, an Ivy League education from Columbia Law School and training from The Bronx Defenders in New York City, Mr. Vayeghan takes an aggressive stance when it comes to defending his clients and is proud to maintain a high level of success when it comes to obtaining acquittals, reduced charges, and even case withdrawals from the Crown.
Whether you choose to pursue a plea agreement to lessen your sentence or decide to proceed to trial, partnering with Mr. Vayeghan and his associates means gaining an ally that will always put your best interests first, fight for your rights, and strive for the best possible outcome in any criminal case.
CALL US NOW FOR A FREE CONSULTATION
If you’re facing criminal charges in Vancouver, Vayeghan Litigation is here to ensure that your voice is heard and your rights are protected.
CONTACT US NOW at 778-653-3995 or email us at law@mvlitigation.com to receive a free initial consultation today.
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