“Can a Criminal Lawyer Negotiate a Plea Deal in Ontario?” – What Plea Bargaining Actually Looks Like
“The Crown offered me a deal. Should I take it?”
A client called me after his first court appearance. He had been charged with assault. In the hallway, a Crown prosecutor approached him and said: “Plead guilty to a lesser charge. You’ll get a fine and probation. Take it or I’ll seek jail.”
The client was terrified. He almost said yes.
I told him: Do not accept anything from the Crown without your own Criminal Defence Lawyer. The Crown’s job is to convict you. Their “deal” is not designed to help you – it is designed to save them time.
Let me explain how plea negotiations actually work in Ontario. You may be surprised at how much room there is to negotiate – and how much you can lose by accepting the first offer without a Criminal Lawyer.
Table of Contents
What is a Plea Deal (Formally Called a Resolution)?
The Crown’s First Offer is Never the Best Offer
Common Types of Plea Resolutions in Ontario
What You Give Up When You Plead Guilty
The Role of the Criminal Defence Lawyer in Negotiation
When Should You Accept a Plea Deal?
When Should You Reject a Plea Deal and Go to Trial?
Frequently Asked Questions
Why Costa Law Firm Negotiates Aggressively
What is a Plea Deal (Formally Called a Resolution)
In Ontario, we rarely call it a “plea bargain.” We call it a resolution or a joint submission.
A resolution is an agreement between the Crown and the defence about:
What charge you will plead guilty to (possibly a lesser charge)
What sentence the Crown will recommend
The judge is not bound by the agreement, but judges almost always follow joint submissions unless they are unreasonable.
Resolutions happen in the vast majority of criminal cases – over 90%. Only a small percentage go to trial.
But here is the key: A resolution negotiated by a Criminal Defence Lawyer is vastly better than one offered directly to an unrepresented accused.
The Crown’s First Offer is Never the Best Offer
Crown prosecutors are overworked. They carry hundreds of files. They want cases to resolve quickly.
When they see an unrepresented accused, they make an offer. That offer is designed to be:
Just high enough that the accused is scared
Just low enough that the accused thinks it is a good deal
But it is rarely the best deal available.
A skilled Criminal Defence Lawyer knows:
Which Crown prosecutors will reduce charges further
Which judges are tough on certain offences
What weaknesses exist in the Crown’s case
What alternative resolutions (diversion, discharge) are available
The first offer is an opening bid. Not the final price. A Criminal Lawyer can push for a much better outcome.
Common Types of Plea Resolutions in Ontario
| Type | What It Means | Best For |
|---|---|---|
| Withdrawal | Crown drops charges entirely | Weak cases, first-time offenders |
| Diversion | Charges withdrawn after completing terms | Minor offences, no record |
| Peace bond | No conviction, but conditions for 12 months | Minor assault, threats |
| Discharge | No criminal record after probation | First-time, moderate offences |
| Lesser charge | Plead to a reduced offence (e.g., assault → nuisance) | Moderate evidence, some risk |
| Joint submission on sentence | Agree on fine, probation, or jail time | Strong evidence against you |
Your Criminal Defence Lawyer’s job is to push for the best possible resolution – ideally withdrawal or diversion.
What You Give Up When You Plead Guilty
A guilty plea is a waiver of fundamental rights. By pleading guilty, you give up:
Your right to a trial – You will never have your day in court
Your right to remain silent – You are admitting guilt
Your right to cross-examine witnesses – You will not challenge the complainant
Your right to appeal (except for sentence, in limited circumstances)
Your presumption of innocence – You are now convicted
Once you plead guilty, you cannot change your mind (except in rare circumstances). The conviction is permanent.
This is why you should never plead guilty without speaking to a Criminal Defence Lawyer first. You need to understand exactly what you are giving up.
The Role of the Criminal Defence Lawyer in Negotiation
What does your Criminal Lawyer actually do during plea negotiations?
1. Review disclosure thoroughly – We find weaknesses in the Crown’s case. The weaker the case, the better the resolution.
2. Identify Charter breaches – If police violated your rights, we can threaten a Charter application. The Crown may offer a better deal to avoid losing evidence.
3. Speak to the Crown privately – We have relationships with Crown prosecutors. We know what arguments work with each one.
4. Present mitigation – We show the Crown your background: employment, family, remorse, no record, low risk. This pushes for leniency.
5. Negotiate the specific terms – Not just the charge, but the sentence. Fines? Probation length? Conditions?
6. Advise you on whether to accept – We give you honest advice. If the deal is good, we say so. If you have a strong defence, we recommend trial.
When Should You Accept a Plea Deal?
You should consider accepting a resolution if:
The evidence against you is strong (multiple witnesses, video, confession)
You would likely lose at trial and face a harsher sentence
The offered resolution gives you no criminal record (diversion, discharge, peace bond)
The stress and cost of trial outweigh the benefit
You should NOT accept a resolution if:
The evidence is weak (the Crown may withdraw at trial)
You are innocent (never plead guilty to something you did not do)
The Crown is offering a conviction when you could get a discharge
You have not spoken to a Criminal Defence Lawyer yet
When Should You Reject a Plea Deal and Go to Trial?
Going to trial is risky. You could be convicted and face a harsher sentence than the offered deal.
But sometimes trial is the right choice:
You are innocent – Never plead guilty to something you did not do. Period.
The Crown’s case has fatal flaws – Missing witness, unreliable complainant, Charter breach
The offered deal still gives you a criminal record – If you are going to have a record anyway, you might as well fight
You have a strong defence – Alibi, self-defence, lack of intent
Your Criminal Defence Lawyer will help you make this decision. We never pressure clients to plead guilty. We present options. You decide.
Frequently Asked Questions
1. Should I accept the Crown’s first offer?
Almost never. The first offer is rarely the best. Have a Criminal Defence Lawyer negotiate for you.
2. Can I negotiate a plea deal myself without a Criminal Lawyer?
You can try. But the Crown will not take you seriously. They know you do not know the law, the evidence rules, or the sentencing principles. You will get a worse deal than if you had a Criminal Lawyer.
3. How long do plea negotiations take?
Weeks to months. Your Criminal Defence Lawyer needs time to review disclosure, investigate, and speak to the Crown multiple times. Do not rush.
4. Can the Crown withdraw a plea offer?
Yes, until you plead guilty. Offers can be withdrawn if the Crown decides to proceed to trial. This is another reason to have a Criminal Lawyer – we lock in offers.
5. What if I plead guilty and then regret it?
You can try to appeal or apply to reopen your case, but it is difficult and rare. The court assumes guilty pleas are final. Do not plead guilty unless you are certain and have spoken to a Criminal Defence Lawyer.
6. Does a plea deal avoid a criminal record?
Not always. Many plea deals still result in a conviction and a criminal record. The best deals (diversion, discharge, peace bond) avoid a record. Your Criminal Lawyer should push for these.
7. Can the judge reject a plea deal?
Yes. The judge is not bound by the joint submission. However, judges almost always accept reasonable joint submissions. If the judge rejects it, you can withdraw your guilty plea with the help of your Criminal Defence Lawyer.
8. What is the difference between a plea deal and a trial?
A plea deal means you admit guilt and accept a sentence. A trial means the Crown must prove your guilt beyond a reasonable doubt. Trials are risky but sometimes necessary. A Criminal Lawyer can advise which is better for you.
9. Will I go to jail if I reject a plea deal and lose at trial?
Possibly. The sentence after trial can be harsher than the offered deal. This is called “trial penalty.” Your Criminal Defence Lawyer will advise you on the risk.
10. What is the success rate of plea negotiations?
Most cases resolve through negotiation. A skilled Criminal Defence Lawyer in Toronto can often improve the Crown’s offer significantly. But every case is different.
Why Choose Costa Law Firm for Plea Negotiations
As a former Crown Prosecutor now practicing as a Criminal Defence Lawyer in Toronto, I know exactly how the other side thinks. I know what arguments move them – and what arguments do not.
I have negotiated thousands of resolutions. Withdrawals. Diversions. Discharges. Peace bonds. Reduced charges.
We do not pressure you to plead guilty. We present options. You decide.
Do Not Accept the First Offer
The Crown’s job is to convict you. Their “deal” is designed to save them time – not to help you.
You need someone on your side. A Criminal Defence Lawyer who knows what is possible. Someone who will fight for withdrawal, not just a “lesser” conviction.
Contact Costa Law Firm before you accept any plea deal. We will review the Crown’s offer, identify better options, and negotiate aggressively on your behalf.
A bad deal is worse than no deal. Let us find the best resolution for you.
