As a lawyer, if my client wants to plead guilty on a running matter, and also wants the matter to progress for sentencing same day how do I present it to the court or judge?
Excellent question. As a lawyer, your goal is to present this request in a way that is respectful of the court's process, demonstrates your client's understanding and remorse, and maximizes the likelihood of the judge accommodating the request.\n\nHere is a structured approach on how to present this to the court or judge, broken down by the key stages of the process.\n\n### **1. Pre-Court Preparation (The Most Critical Step)**\n\nYou **cannot** simply show up on the day of a scheduled hearing and expect this to happen. Advance preparation and communication are essential.\n\n* **Review the Court's Procedures:** Check the local rules, practice directions, or standard procedures for your jurisdiction's court. Some courts have specific \"guilty plea and sentencing\" or \"fast-track\" lists.\n* **Contact the Prosecutor (Crown/State):** This is non-negotiable.\n * Discuss the guilty plea in detail, including the agreed statement of facts.\n * **Crucially, negotiate the sentence submission.** Ideally, you want a **joint submission** on sentence (e.g., \"The Crown and Defence jointly submit that a fine of $X is appropriate\"). A joint submission carries tremendous weight and makes a same-day sentence far more likely.\n * If a joint submission isn't possible, at least confirm the Crown's position on sentence range and any aggravating/mitigating factors they will highlight.\n* **Prepare the Client:** Ensure your client understands:\n * The rights they are giving up by pleading guilty.\n * The likely sentencing range and possible outcomes.\n * That the judge is not bound by any joint submission and could impose a more severe sentence.\n* **Draft Necessary Documents:** Have prepared and ready to file:\n * A formal **Written Guilty Plea** (if required by the court).\n * An **Agreed Statement of Facts** (signed by both counsel).\n * **Client's Apology Letter** (if appropriate).\n * **Character References** (if available).\n * **Sentencing Submissions** (a concise outline of the mitigating factors, case law, and the proposed sentence).\n* **Contact the Court Clerk/Registry:** Inform them *in advance* of the hearing date that you intend to seek a guilty plea and sentencing that day. Ask about the judge's preferences and the proper procedure. Some judges have specific \"sentencing courts.\"\n\n### **2. In Court: How to Address the Judge**\n\nWhen the matter is called, be concise, prepared, and professional.\n\n**Step 1: Announce Representation and Intent**\n> \"May it please the Court, my name is [Your Name] for the defendant, [Client's Name]. My client is present and instructs me that they wish to enter a plea of guilty to the charge(s) before the Court today.\"\n\n**Step 2: Confirm Readiness and Foundation for the Plea**\n> \"Your Honor, we have had the opportunity to review the disclosure with the Crown. I have advised my client of their rights, the nature of the charge, and the consequences of a guilty plea. My client instructs me that they understand these matters and are pleading guilty voluntarily.\"\n\n**Step 3: Present the Agreement and Request Sentencing**\n> \"We have reached an agreement with the Crown on the facts of the case, which are summarized in this **Agreed Statement of Facts** (hand up to the clerk/judge). Furthermore, we have discussed sentencing, and the Crown and Defence are prepared to make **joint submissions** today. All necessary materials, including references and my client's apology, are before the Court.\"\n\n**Step 4: Make the Formal Request**\n> \"In light of this preparation and in the interests of judicial economy and finality, we respectfully request that the Court proceed to accept the plea and impose sentence today. My client is prepared to address the Court, if Your Honor wishes.\"\n\n### **3. Key Points to Emphasize (What the Judge Wants to Hear)**\n\n* **Judicial Economy:** You are saving the court's time and resources by being fully prepared.\n* **Finality:** The matter will be resolved, providing closure for all parties, including any victims.\n* **Remorse & Acceptance of Responsibility:** A prompt plea demonstrates genuine remorse and saves victims/witnesses the stress of a trial.\n* **Preparation:** You have done the work upfront (agreed facts, submissions) so the court's task is streamlined.\n* **Certainty:** A joint submission provides a clear, reasoned path for the judge.\n\n### **4. Be Prepared for the Judge's Questions/Concerns**\n\nThe judge may ask:\n* **To your client directly:** \"Mr./Ms. [Client], do you understand that by pleading guilty you are giving up your right to a trial?\" \"Are you pleading guilty voluntarily?\" \"Did anyone promise you anything other than what your lawyer has told you about the joint submission?\"\n* **About the facts:** \"Counsel, are these all the relevant facts?\" (Be ready to summarize briefly).\n* **About the sentence:** \"Why is this joint submission within the appropriate range?\" (Be ready to cite a key case or principle).\n\n### **5. If the Judge Declines Same-Day Sentencing**\n\nSometimes, despite preparation, a judge will want a Pre-Sentence Report (PSR) or simply more time to consider. If so:\n* **Do not argue.** Respect the decision.\n* **Respond professionally:** \"Thank you, Your Honor. Might the Court consider expediting the PSR given the early plea? We would be available for a sentencing date at the Court's earliest convenience.\"\n* **Seek an early date:** Ask for the next available sentencing date to show continued desire for a prompt resolution.\n\n### **Summary Checklist for Success:**\n\n* [ ] **Pre-Court:** Negotiate with Crown for agreed facts & joint submission.\n* [ ] **Pre-Court:** Prepare all documents (plea, facts, submissions, references).\n* [ ] **Pre-Court:** Advise client thoroughly and confirm instructions.\n* [ ] **Pre-Court:** Notify court staff of your intent.\n* [ ] **In Court:** Be concise, respectful, and highlight preparation/finality.\n* [ ] **In Court:** Have client ready to confirm plea understanding if asked.\n\nBy following this structured, prepared approach, you present the request not as a demand, but as a logical, efficient, and respectful resolution that serves the interests of justice, your client, and the court.
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