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If so, the case can move straight to sentencing. If the accused fully agrees with the statement of facts and the court is satisfied that the accused understands the nature, consequences and punishment for the offence, the plea of guilt may be accepted and the accused will be convicted. or not slowing down at a pedestrian crossing. He had then joined private practice in a reputable mid-sized local firm, gaining valuable experience in civil litigation and arbitration. Kidnapping Scam: Penalties & Responding to a ‘Kidnap Call/Text', Rape Laws in Singapore and How Offenders Can Be Punished, Sexual Misconduct in Singapore: Offences and What Victims Can Do, Legal Age for Sex in Singapore and Common Sexual Offences, Consent in Sexual Offences in Singapore and What Victims Can Do, Accused of Molest: Outrage of Modesty in Singapore. If you admit to the Statement of Facts, your plea of guilt will be accepted by the Court and convict you accordingly. Pleading Guilty in Singapore: Consequences & Withdrawal of Plea. What Should You Do If You Witness a Crime in Singapore? It must be noted that, the court may however reject the accused’s guilty plea in certain circumstances (explained below). Is It Illegal to Feed Stray Animals in Singapore? With these experiences, she is well-equipped to deliver advice with depth and confidence which is tailored to each and every case distinct. Police Custody in Singapore: What You Should Know, Search Warrant: The Issuance and Execution of It in Singapore, Penalties for Lying to the Authorities in Singapore, Can You Say No to a Lie Detector Test in Singapore? Clients appreciate his affordable legal expertise and sensitivity to personal situations. You will be asked whether you admit to those convictions. If the accused states that he intends to plead guilty at the pre-trial stage, the court will fix a date for his plea to be taken. Offences by Young Persons: How Parents Can Work with Criminal Lawyers, 3 Fundamental Qualities of an Excellent Criminal Defence Lawyer, 4 Common Types of Cybercrimes and What to do if You’re a Victim, What to do if You are Falsely Accused of Molestation. The Magistrate may then convict the accused and record the fine paid as the sentence for the offence. What Happens After Filing an Appeal? Compounding or Composition of Offences in Singapore, Public Assemblies and Processions in Singapore. Committing Robbery in Singapore: What are the Penalties? What Can Victims of Sexual Harassment in Singapore Do? Police Investigation Process in Singapore, Arrest Warrant Issued Against You in Singapore: What to Do, Arrestable and Non-Arrestable Offences in Singapore. Usually, in all criminal matters, after a certain stage, you have to decide between pleading guilty and claiming trial. © 2014-2017 First World Problems Pte Ltd. All rights reserved. The decision should not be taken lightly as once a plea of guilt has been given, it may be difficult to retract it unless there are exceptional circumstances. Are You Eligible for a Mandatory Treatment Order (MTO)? Mr. Baiross also…. The accused may also plead guilty at the start of the trial when the charge(s) are read out, or mid-trial after the prosecution has presented its evidence. Although he takes a special interest in criminal defence/litigation, Jonathan has enjoyed a full spectrum of legal work in civil/commercial litigation and this background gives him a commercial-mindedness to the solutions/advice he provides to clients. Due to how the mistake affected whether the accused had legally committed fraud, the court allowed him to retract his guilty plea. Not made without qualification against the charges brought against him (e.g. During a mitigation plea, the court will hear any plea in mitigating (i.e. Ask the magistrate if you do not understand the penalty and what you have to do. Her…, Family lawyer Ray Louis has had 13 years of experience as a family counsellor to assist you with your separation, contested or uncontested divorce, and other family-related proceedings. A CCDC may be applied for by the accused during the PTC wherein the prosecution and accused exchange evidence, and only applies for certain categories of offences listed in the Second Schedule of the Criminal Procedure Code. Pleading guilty means that you admit fully and unconditionally to the offence committed. Many people just want to get the matter over with, so they plead Guilty without any advice on what to do. For more information, please refer to our other article on. (This is unlike offences not punishable by death, where the prosecution need not put forth evidence to prove its case in a trial if the accused decides to plead guilty. Use of this site constitutes acceptance of our Terms of Service and Privacy Policy. Pleading not guilty means that you say you didn't do the crime, or that you had a reasonable excuse for doing so. He has also advised officers of public listed companies…, Wei Chin is an Associate Director at Covenant Chambers LLC. Will I Be Punished for Trying? This means that pleading guilty can help to lower the punishment received for committing the offence. lightening) the sentence to be imposed on the accused. Your case will be assigned to a pretrial and/or trial day. Even if you are pleading guilty you can disagree with some of the things the police say happened. pay a fine or financial penalty, serve a period of time in prison). Reformative Training in Singapore: When Will It be Ordered? If the amount stated in the “offer of composition” is paid, there is no need to enter a guilty plea, and the matter is considered settled. By not pleading guilty, an accused claims trial, meaning that the prosecution will need to bring evidence to prove to the court that the accused is guilty. If the court decides that you did, this means you will be convicted, and the court will decide what sentence to give you. If this was true, it could have meant that the work accident had in fact happened, just not on the date that the accused had initially provided when filing the claim – and as a result, the accused actually had no intention to defraud his company. ... had initially agreed on the extent of the sentence that the prosecution would request for if the accused agreed to plead guilty. Guilty or Not Guilty. An accused may be convicted based on the plea of guilt. She regularly advises corporate and private clients on schemes of arrangement, bankruptcy proceedings, trade disputes, employment disputes and other contractual claims. lightening) the sentence to be imposed on the accused. This article sets out what plea bargaining is about and how it is practiced in Singapore. it was made by his lawyer instead); Made without understanding the true nature and consequences of his plea; and. Not made by the accused himself (e.g. Ashvin has also assisted numerous clients through investigations and interviews by the Singapore Police Force, Corrupt Practices Investigation Bureau (CPIB) and the Federal Bureau of Investigation (FBI). This can happen if the accused claims that the plea of guilt was not made voluntarily such as due to misunderstanding the charge or if the plea of guilt was made involuntarily under pressure. What Happens After The Plea Of Guilty Or Not Guilty Is Entered? You should obtain specific legal advice from a lawyer before taking any legal action. He is well-versed in criminal litigation, having been a Deputy Public Prosecutor in the Criminal Justice Division of the Attorney General’s Chambers for 5 years. Other facts include any disagreements with the prosecution’s arguments on sentencing and any factors that are relevant to the sentence (for example, the accused making restitution to the victim in a dishonest misappropriation case). the accused disagrees with the statement of facts as mentioned above). And Other FAQs, Surrender of Passport to the Police and How to Get It Back, Extradition: What If I Flee After Committing Crime in Singapore, The Essential Guide to Bail and Personal Bonds in Singapore, Magistrate’s Complaints, Private Summons and Private Prosecutions in Singapore, Plea Bargaining in Singapore: All You Need to Know. Chun Yee joined Kalidass Law Corporation in 2018 as an Associate Director. IS PLEADING GUILTY EVER THE RIGHT CHOICE? If the accused fully agrees with the statement of facts and the court is satisfied that the accused understands the nature, consequences and punishment for the offence. Appealing a Conviction After Pleading Guilty. The information provided does not constitute legal advice. the plea of guilt may be accepted and the accused will be convicted. The Registrar of the State Courts will subsequently send to the supervising Magistrate a record of the guilty plea and the fine paid. Get a 20-minute phone call with a lawyer for only $59, August Law Corporation | 9 years experience | English, Malay, Ray Louis Law Corporation | 12 years experience | English, Malay, Nakoorsha Law Corporation | 19 years experience | Bahasa Indonesia, English, Malay, Covenant Chambers LLC | 10 years experience | English, Mandarin, Kalidass Law Corporation | 8 years experience | English, Hokkien, Mandarin, Covenant Chambers LLC | 8 years experience | English, Mandarin, Tracy Wang Law Practice | 6 years experience | English, Hokkien, Mandarin, Abbots Chambers LLC | 21 years experience | English, Kalidass Law Corporation | 4 years experience | English, Tamil. Singapore Animal Abuse Offences, Penalties & How to Report, Offences Relating to Public Peace and Good Order, Misbehaving in Public: 5 Things You Need to Know, Racial Enmity: Sections 298 and 298A Penal Code Explained, Religious Cults in Singapore: Are they Illegal? What happens after you plead guilty or claim trial? Your email address will not be published. If the sentencing judge hears the accused’s arguments for retracting the plea of guilt but nonetheless accepts the plea of guilt and proceeds to sentence the accused, the accused can seek for the conviction to be set aside (i.e. However, the case can still be dropped even after the date is set. Plea deals aim to minimize the sentence for the defendant, usually based on no prior criminal history, good behavior, or other factors of the case. Those convictions may be considered by the Court when sentencing you. Ashvin has represented accused persons in both the State Courts and High Court, in cases spanning a variety of offences, including cheating, criminal breach of trust, rioting, sexual offences, money laundering, corruption and road traffic offences. After negotiating with the prosecutor, your attorney in some cases may then recommend entering a guilty plea to a lesser charge as part of a plea agreement. She has experience handling cases from State Courts to High Court level. Should the court reject the guilty plea, the issue of whether the accused is guilty will proceed to trial, at which point the prosecution will need to adduce evidence to prove that the accused is guilty of the offence(s) charged. A case will be assigned a pretrial or trial date following a not guilty plea. cancelled) in a criminal revision. The practice of plea bargaining came into the spotlight recently after Joshua Robinson was sentenced to a 4 year jail term after pleading guilty to several sexual offences. Due to the difficulty in retracting a plea of guilt, the accused may consider claiming trial if he is unsure of whether there is enough evidence to convict him. Is Suicide Illegal in Singapore? All You Need to Know About Corruption in Singapore, 5 Things You Need to Know about Insider Trading, Dishonest Assistance and Knowing Receipt: The Case of David Rasif, Charged with a Traffic Offence in Singapore: What to Do, DUI: Here are the Penalties for Drink-Driving in Singapore. After you plead guilty and submit any mitigating factors, the judge will impose a sentence. It is possible to plead guilty electronically for certain offences. The accused can plead guilty at any point of the criminal proceedings before the judge has made a decision on whether to convict the accused. Charge and Statement of Facts (SOF) Charge and Statement of Facts (SOF) Child Pornography in Singapore: Offences and Penalties. If an Accused pleads guilty to a charge, he admits fully to the offence. Repatriation or Deportation from Singapore: How Does It Work? The court will then have a trial to decide whether you did. He has worked on behalf of many local and overseas clients, in cases that include international…, Nakoorsha set up Nakoorsha Law Corporation after gaining extensive experience in commercial litigation and criminal law practice. Date Rape: What to Do If Your Drink Has Been Unlawfully Spiked? Without clear evidence, the accused’s claim is likely to fail, and he  would then be wasting time and costs. The court can then proceed to convict and sentence the accused, as mentioned above. Deputy Public Prosecutor). Three of the faces of the Hong Kong pro-democracy protests have been detained and are awaiting their sentences after pleading guilty to unauthorized assembly charges over a 2019 protest. Revenge Porn: What If Your Nudes are Leaked in Singapore? However, if the “offer of composition” has expired, the accused may still plead guilty electronically by entering a plea of guilt at an AXS station before 5pm of the day on which he is required to attend court. Fatal Traffic Accidents: Are Drivers Always Punished? After the plea bargaining process and 3 – 4 Court sessions, the time has finally come for you to make a decision. For example, for speeding or not slowing down at a pedestrian crossing. Furthermore, the court can only accept a plea of guilt for offences punishable by death after the prosecution has first proven its case via evidence at trial. When you plead guilty to a charge, you will attend an open courtroom hearing (sometimes referred to as a Mention) before a Judge and attended by you or your lawyer (if you have engaged one to represent you) and a Prosecuting Officer (e.g. For a Court to accept your plea of guilt and convict you of the charge, you will need to confirm that you understand the nature and consequences of pleading guilty. The accused should therefore raise any facts in mitigating his plea, including the fact that he had pleaded guilty. His wide range of…. What Happens When You Plead Guilty to a Criminal Charge in Singapore? An accused does not need to plead guilty to all charges the prosecution has raised against him and can instead plead guilty to only specific charges. If you have been charged with an offence in Singapore and are unsure if the prosecution has sufficient evidence to prove that you are guilty, it is best to seek legal advice from a criminal lawyer on whether to plead guilty. You cannot plead guilty but say that you did not break the law. What Happens If You’re Caught Speeding in Singapore? Tracy's practice areas are mainly in community law such as family law, criminal law, property law and general litigation. However, if the “offer of composition” has expired, the accused may still plead guilty electronically by entering a plea of guilt at an AXS station before 5pm of the day on which he is required to attend court and pay in advance the fine fixed by the supervising Magistrate. When you plead guilty to a charge, you will attend an open courtroom hearing (sometimes referred to as a Mention) before a Judge and attended by you or your lawyer (if you have engaged one to represent you) and a Prosecuting Officer (e.g. 7 Detention Orders in Singapore: When Will They be Ordered? If he does so, the court will be obliged to reject the plea of guilt. The Court can show leniency to you if you plead guilty at an early stage, unless the case is one where you were caught red-handed in the commission of the offence. If the defendant pleads guilty, then they’ll be sentenced. the charges to be taken into consideration), followed by the mitigation plea of the accused, before passing the accused’s sentence. Prior to incorporating Abbots, Gino headed the criminal litigation departments of firms he practiced in. What Happens After the Accused Pleads Guilty? Charged in court / Pleading Guilty What happen when you are charged in court? 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