Is It Illegal to Feed Stray Animals in Singapore? During a mitigation plea, the court will hear any plea in mitigating (i.e. Tracy has represented clients from all walks of life on a wide variety of legal matters. 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. This means that pleading guilty can help to lower the punishment received for committing the offence. You can plead guilty with an explanation or plead nolo contendere, which are useful only in certain situations. This includes offences committed under the Road Traffic Act and Parking Places Act. Pleading Guilty in Singapore: Consequences & Withdrawal of Plea. For minor offences which are usually punishable by a fine, the accused may be given an “offer of composition” which may be paid at an AXS station. He is an experienced and dedicated trial lawyer who focuses his litigation practice on white collar crimes. The PTC is a meeting between the prosecution and accused before the trial to prepare for the trial and settle administrative matters. His wide range of…. What Happens After The Plea Of Guilty Or Not Guilty Is Entered? Reformative Training in Singapore: When Will It be Ordered? After you plead guilty and submit any mitigating factors, the judge will impose a sentence. Plea negotiation and bargaining with the Prosecution may lead to charges being amended and as a result you may plead guilty to a less serious charge. 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). Hong Kong Democracy Activist Joshua Wong Jailed After Pleading Guilty to 2019 Protest Charges Michael Zennie / Hong Kong 11/23/2020 States are receiving less vaccine than promised. Is Watching, Downloading or Filming Porn Illegal in Singapore? 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? You will be asked whether you admit to those convictions. What Should You Do If You Witness a Crime in Singapore? But since you've told the judge in open court (and under oath) that you want to give up that right to a jury trial and plead "guilty," the factual issues and legal questions won't be decided by a judge or a jury. Pleading guilty means the accused admits to having committed the crime(s) he has been charged with and agrees to the charge(s) which the prosecution has brought against him. Mr. Baiross also…. After he pleaded guilty however, he stated during mitigation that he might have gotten the date of the work accident wrong when filing the claim. 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? 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. With his training and experience in Dispute Resolution and Litigation, Jonathan is competent with handling a diverse range of cases both civil and criminal. During a mitigation plea, the court will hear any plea in mitigating (i.e. It is possible to plead guilty electronically for certain offences. You cannot plead guilty but say that you did not break the law. A Glendale criminal defense lawyer can help negotiate a satisfactory plea deal after pleading guilty. Is Suicide Illegal in Singapore? The court will then have a trial to decide whether you did. Caning in Singapore: Judicial, School & Parental Corporal Punishment. "Right to Remain Silent" to Singapore Police: Does It Exist? In the field of litigation, Wei Chin has handled cases spanning across different courts, including handling High Court applications himself. What happens when someone pleads guilty If you admit to the Statement of Facts, your plea of guilt will be accepted by the Court and convict you accordingly. If an Accused pleads guilty to a charge, he admits fully to the offence. ... had initially agreed on the extent of the sentence that the prosecution would request for if the accused agreed to plead guilty. 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. the accused disagrees with the statement of facts as mentioned above). Is it illegal to visit prostitutes in Singapore? If you had initially pleaded guilty but later want to change your plea (i.e. Police Investigation Process in Singapore, Arrest Warrant Issued Against You in Singapore: What to Do, Arrestable and Non-Arrestable Offences in Singapore. What Happens When You Plead Guilty to a Criminal Charge in Singapore? The Defence of Unsound Mind in Singapore: What is It? There may, however, be times when a defendant is convinced that pleading guilty is the best long-term choice. Can the Victim Appeal Against Me? 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. lightening) the sentence to be imposed on the accused. 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. Date Rape: What to Do If Your Drink Has Been Unlawfully Spiked? 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. Without clear evidence, the accused’s claim is likely to fail, and he would then be wasting time and costs. For example, if the accused thought that he was pleading guilty to a different charge from what he was actually being charged with, this could be found to be misunderstanding the charge such that the plea of guilt would not be valid. You should contact the court in advance of the deadline for making your decision to find out how to enter your plea. What Can Victims of Sexual Harassment in Singapore Do? 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. If the court decides that you did, this means you will be convicted, and the court will decide what sentence to give you. Mitigation plea: You will then be … Committing Robbery in Singapore: What are the Penalties? Before the Court decides on and imposes the sentence, you will be given an opportunity to inform the Court of any mitigating factors which you may have. Due to how the mistake affected whether the accused had legally committed fraud, the court allowed him to retract his guilty plea. A Notice … If the accused does so, he will need to prove that the guilty plea was made involuntarily, at which point it will be retracted. In a previous case, an accused, was initially charged with fraud for filing a claim for a non-existent work accident for his company. He has also advised officers of public listed companies…, Wei Chin is an Associate Director at Covenant Chambers LLC. In very exceptional cases, it is possible for an accused to retract a plea of guilt by raising facts at the mitigation stage which affect whether he should have been convicted of the offence. I would like to thank Mr Ray, Ms Netto and their team for all the efforts,time and patience that have…, On a personal level, He was extremely responsive and easy to communicate with throughout the entire process. Clients appreciate his affordable legal expertise and sensitivity to personal situations. If you decide to plead guilty, the Judge will impose a sentence against you and you will need to fulfil the requirements of the particular sentence imposed (e.g. He had then joined private practice in a reputable mid-sized local firm, gaining valuable experience in civil litigation and arbitration. In Singapore, depending on the nature of the crime, the court can hand down several different punishments to achieve what it considers appropriate retribution, … Will I Be Punished for Trying? Penalties for Littering and Killer Litter Offences in Singapore, Penalties for Cheating/Scamming and What Victims Can Do, Penalties for Impersonating Someone and Victim Redress, Singapore Fake News Laws: Guide to POFMA (Protection from Online Falsehoods and Manipulation Act), Laws and Penalties for Doxxing in Singapore (With Examples). You will receive a sentence from the Magistrate and generally the offence will be on your criminal record. Pleading not guilty means that you say you didn't do the crime, or that you had a reasonable excuse for doing so. 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. Even if you are pleading guilty you can disagree with some of the things the police say happened. 7 Detention Orders in Singapore: When Will They be Ordered? For more information, please refer to our other article on. After your conviction has been confirmed by the Court, you’re allowed to present your mitigation plea before the Court goes on to decide on the sentence and punishment to impose. Charged in court / Pleading Guilty What happen when you are charged in court? Penalties for Dishonest Misappropriation of Property in Singapore, Vandalism Laws: Penalties for Damaging Property in Singapore. Chun Yee joined Kalidass Law Corporation in 2018 as an Associate Director. 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. or if the plea of guilt was made involuntarily under pressure. After pleading guilty, a defendant can negotiate a plea deal with the judge. It might be advisable to retract a guilty plea where the accused has clear evidence to support his claim that his guilty plea was invalid. The Magistrate may then convict the accused and record the fine paid as the sentence for the offence. If the defendant pleads guilty, then they’ll be sentenced. Crime of Voyeurism in Singapore (Penalties and Defences). He is also confident of fighting for persons accused of committing Murder, Drug Trafficking, Robbery, Rape, Sexual Assault, Rioting and offences against Public Servants and has obtained good results. How Can Adult Offenders Get Probation in Singapore? He has a broad range of practice that includes litigation and providing commercial law advice to clients. Child Pornography in Singapore: Offences and Penalties. Ask the magistrate if you do not understand the penalty and what you have to do. 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. Can the Public Make a Citizen's Arrest in Singapore? A case will be assigned a pretrial or trial date following a not guilty plea. An accused may be convicted based on the plea of guilt. However, the case can still be dropped even after the date is set. The Constitution guarantees criminal defendants certain rights. After the accused states that he wishes to plead guilty, a statement of facts detailing the offence will be read to the accused. Road Rage: What is It and How are Offenders Sentenced in Singapore, Penalties for Dangerous Driving for Singapore Drivers, Guide to E-Scooter and PMD Laws for Singapore Riders. Is there no evidence? Criminal Trespass in Singapore: What Happens If You’re Caught? cancelled) in a criminal revision. You could also lose your licence and get a criminal record (there are some exceptions to this). An accused may therefore not wish to plead guilty if he believes that the prosecution does not have enough evidence for him to be convicted of the offence(s) he has been charged with. 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. The information provided does not constitute legal advice. She regularly advises corporate and private clients on schemes of arrangement, bankruptcy proceedings, trade disputes, employment disputes and other contractual claims. (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. 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. For example, for speeding or not slowing down at a pedestrian crossing. © 2014-2017 First World Problems Pte Ltd. All rights reserved. from pleading guilty to pleading not guilty) during mitigation, please be aware that the courts will not allow such a course of action easily. 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. Among these are the right to due process and right to a speedy jury trial. Charge and Statement of Facts (SOF) If the accused disagrees with parts of the statement of facts, the court may adjourn to allow the prosecutor and accused resolve the disagreement. The prosecuting officer will then read out the Statement of Facts (SOF) relating to your charge and any previous convictions that you may have. She has experience handling cases from State Courts to High Court level. the plea of guilt may be accepted and the accused will be convicted. After the plea bargaining process and 3 – 4 Court sessions, the time has finally come for you to make a decision. An accused may plead guilty if he is remorseful for the offence committed. 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. For more information, please refer to our other article on criminal revisions in Singapore. It is possible to plead guilty electronically for certain offences. 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. It must be noted that, the court may however reject the accused’s guilty plea in certain circumstances (explained below). If a defendant entered into a plea without counsel and did not appear, from a later review of the record, to have made a knowing and intelligent plea, that defendant may have grounds to request that the conviction be stricken (removed) from the defendant’s record, or at least not be considered in any future proceedings. What is a plea in mitigation? Arthur’s guilty plea will bring him a lifetime of negative consequences. You may get in touch with experienced criminal lawyers here. How Do You Apply for a Certificate of Clearance in Singapore? 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. Tracy's practice areas are mainly in community law such as family law, criminal law, property law and general litigation. Visiting a Loved One in Prison or On Death Row in Singapore, Getting Parole (Early Prison Release) in Singapore, Types of Sentences After Committing an Offence, Consequences of Receiving a Stern Warning in Singapore, Probation: Eligibility and Whether It Leaves a Criminal Record. IS PLEADING GUILTY EVER THE RIGHT CHOICE? 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. 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. What happens when you plead guilty or claim trial to a charge? it was made by his lawyer instead); Made without understanding the true nature and consequences of his plea; and. Even after he completes his probation, attends his classes and pays his fees, he will have a criminal record. 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. The Steps Following a Not Guilty Plea. the charges to be taken into consideration), followed by the mitigation plea of the accused, before passing the accused’s sentence. The court will then proceed to hear arguments from the prosecution on sentencing (e.g. 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. 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. ), , it is possible for an accused to retract a plea of guilt by raising facts at the mitigation stage which affect whether he should have been convicted of the offence. If the accused does so, he will need to prove that the guilty plea was made involuntarily, at which point it will be retracted. 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. With these experiences, she is well-equipped to deliver advice with depth and confidence which is tailored to each and every case distinct. You can only withdraw your guilty plea in very special circumstances, such as if you are able to demonstrate that you did not know the consequences of pleading guilty, did not know the elements of the offence, or were pressurised into pleading guilty. 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. After the accused states that he wishes to plead guilty, a statement of facts detailing the offence will be read to the accused. Those convictions may be considered by the Court when sentencing you. Pleading guilty means that you admit fully and unconditionally to the offence committed. If You Have Decided To Plead Guilty To plead guilty means that you accept the charge and agree with the information provided on the police statement. Are You Eligible for a Mandatory Treatment Order (MTO)? 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). What to Do If You’re Being Investigated for a Criminal Offence in Singapore. The problem is that there is no one to protect the defendant’s rights until after the arraignment, unless they had hired an attorney first. Or you can plead not guilty. When the police investigation results in a finding that you have committed an offence, the police will issue to you the charges and summons to attend court. Criminal Breach of Trust (CBT) in Singapore: What is It? Many people just want to get the matter over with, so they plead Guilty without any advice on what to do. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk. Mitigation Plea: How to Plead for Leniency in Court in Singapore, Guide to Filing a Criminal Appeal in Singapore, Criminal Motion: What is It and How to File One in Singapore, Guide to Filing a Criminal Revision in Singapore. Gag Orders in Singapore: Whose Identity Can be Protected? This article sets out what plea bargaining is about and how it is practiced in Singapore. 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.