Are You Eligible for a Mandatory Treatment Order (MTO)? Child Pornography in Singapore: Offences and Penalties. If he does so, the court will be obliged to reject the plea of guilt such that the issue of whether the accused is guilty of the charge proceeds to trial. The court can then proceed to convict and sentence the accused, as mentioned above.). Fatal Traffic Accidents: Are Drivers Always Punished? 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. The PTC  is a meeting between the prosecution and accused before the trial to prepare for the trial and settle administrative matters. The prosecuting officer will then read out the Statement of Facts (SOF) relating to your charge and any previous convictions that you may have. 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. These lawyers are selected based on their number of positive reviews and years of experience in this subject you are enquiring about. 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. Pleading Guilty in Singapore: Consequences & Withdrawal of Plea In the field of litigation, Wei Chin has handled cases spanning across different courts, including handling High Court applications himself. Is it Legal for Drivers to Carpool in Singapore? This means that pleading guilty can help to lower the punishment received for committing the offence. However, the case can still be dropped even after the date is set. Day Reporting Order: Eligibility and Offender's Obligations, Laws Protecting Informers/Whistleblowers in Singapore, Counterfeit Medicine/Health Products: Redress for Victims in Singapore, Using Your Right to Self-Defence When Attacked in Singapore, Compensation for Crime Victims in Singapore: How to Obtain, Voluntarily Causing Hurt Penalties in Singapore (Non-Arrestable), Murder vs Culpable Homicide in Singapore (and Penalties). An accused may plead guilty if he is remorseful for the offence committed. Tracy's practice areas are mainly in community law such as family law, criminal law, property law and general litigation. After the accused states that he wishes to plead guilty, a statement of facts detailing the offence will be read to the accused. Clients appreciate his affordable legal expertise and sensitivity to personal situations. 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. Gag Orders in Singapore: Whose Identity Can be Protected? If you had initially pleaded guilty but later want to change your plea (i.e. "Right to Remain Silent" to Singapore Police: Does It Exist? 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. There may, however, be times when a defendant is convinced that pleading guilty is the best long-term choice. 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. It is possible to plead guilty electronically for certain offences. The court may reject a guilty plea if it finds that the accused’s plea of guilt was: If a fact raised by the accused in his mitigation plea (mentioned above) materially affects whether he should have been convicted of the offence, the court is also obliged to reject the plea of guilt. What Happens After the Accused Pleads Guilty? Can I Represent Myself in a Criminal Court Case in Singapore and How? 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. 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. Pleading guilty means that you admit fully and unconditionally to the offence committed. 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. 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). 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. Even if the accused claims trial, he can subsequently inform the court that he intends to plead guilty during the Pre-Trial Conference (PTC) or Criminal Case Disclosure Conference (CCDC, if applicable). After you plead guilty and submit any mitigating factors, the judge will impose a sentence. In a criminal revision, the accused would need to show that the plea of guilt was not taken in a proper manner such as without the accused fully understanding the statement of facts and the charge, or that the plea of guilt was made under pressure. 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. What happens when one pleads guilty? 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. Without clear evidence, the accused’s claim is likely to fail, and he  would then be wasting time and costs. Tracy takes pride in her friendly neighbourhood qualities and ensures that her clients understand their legal rights before providing them with down-to-earth solutions. Mr. Baiross also…. cancelled) in a criminal revision. Even after he completes his probation, attends his classes and pays his fees, he will have a criminal record. If so, the case can move straight to sentencing. 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? 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. Ask the magistrate if you do not understand the penalty and what you have to do. You will be asked whether you admit to those convictions. 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. You cannot plead guilty but say that you did not break the law. 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. Will I Be Punished for Trying? Caning in Singapore: Judicial, School & Parental Corporal Punishment. Among these are the right to due process and right to a speedy jury trial. The court can then proceed to convict and sentence the accused, as mentioned above. The information provided does not constitute legal advice. the accused disagrees with the statement of facts as mentioned above). 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. During a mitigation plea, the court will hear any plea in mitigating (i.e. Use of this site constitutes acceptance of our Terms of Service and Privacy Policy. 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. If he does so, the court will be obliged to reject the plea of guilt. An accused may be convicted based on the plea of guilt. 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. 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. You may get in touch with experienced criminal lawyers here. 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). Is Watching, Downloading or Filming Porn Illegal in Singapore? pay a fine or financial penalty, serve a period of time in prison). Previous convictions: After you have pleaded guilty to the charge and admitted the Statement of Facts, the Prosecutor will tell the Court if you have any previous convictions. For more information, please refer to our other article on mitigation pleas. IS PLEADING GUILTY EVER THE RIGHT CHOICE? He is an experienced and dedicated trial lawyer who focuses his litigation practice on white collar crimes. Charge and Statement of Facts (SOF) You should contact the court in advance of the deadline for making your decision to find out how to enter your plea. 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. Mitigation plea: You will then be … 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. 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. Although we try our best to ensure the accuracy of the information on this website, you rely on it at your own risk. ... had initially agreed on the extent of the sentence that the prosecution would request for if the accused agreed to plead guilty. The Prosecuting Officer will read out the Statement of Facts relating to the charge to the Accused. 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. 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. 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. 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. Or you can plead not guilty. If the court decides that you did, this means you will be convicted, and the court will decide what sentence to give you. Charge and Statement of Facts (SOF) For more information, please refer to our other article on. The Magistrate may then convict the accused and record the fine paid as the sentence for the offence. A Glendale criminal defense lawyer can help negotiate a satisfactory plea deal after pleading guilty. What to Do If You’re Being Investigated for a Criminal Offence in Singapore. The court will then proceed to hear arguments from the prosecution on sentencing (e.g. In Singapore, depending on the nature of the crime, the court can hand down several different punishments to achieve what it considers appropriate retribution, … or not slowing down at a pedestrian crossing. You can pay the fine, which is similar to pleading guilty. 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. The accused should therefore raise any facts in mitigating his plea, including the fact that he had pleaded guilty. After the accused states that he wishes to plead guilty, a statement of facts detailing the offence will be read to the accused. He had then joined private practice in a reputable mid-sized local firm, gaining valuable experience in civil litigation and arbitration. For example, the accused can first plead guilty where he is first officially charged in court. 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. lightening) the sentence to be imposed on the accused. This can happen if the accused claims that the plea of guilt was not made voluntarily such as due to misunderstanding the charge. A Notice … Arthur’s guilty plea will bring him a lifetime of negative consequences. Since joining the firm, aside from a busy general litigation practice, Nakoorsha also engages in regulatory and compliance advisory work for private equity and investment firms. 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. STDs: Can I Go to the Police If a Partner Infected Me in Singapore? LawGuide December 9, 2016 0 Comments If you decide to plead guilty, you will be given an opportunity to inform the Judge of any mitigating factors which you may have and the Judge impose a sentence against you (e.g. Even if you are pleading guilty you can disagree with some of the things the police say happened. 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. to pay a fine or serve a period of imprisonment). The Defence of Unsound Mind in Singapore: What is It? She regularly advises corporate and private clients on schemes of arrangement, bankruptcy proceedings, trade disputes, employment disputes and other contractual claims. It must be noted that, the court may however reject the accused’s guilty plea in certain circumstances (explained below). Before an Accused decides to plead guilty, he has to fully understand the nature and consequences of his plea. Criminal Trespass in Singapore: What Happens If You’re Caught? 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. 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. Chun Yee joined Kalidass Law Corporation in 2018 as an Associate Director. 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. such that the issue of whether the accused is guilty of the charge proceeds to trial. 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. For more information, please refer to our other article on criminal revisions in Singapore. If there is insufficient evidence, the judge may find him innocent and acquit him of the charge(s). Penalties & More, Penalties for Financing Terrorist Operations in Singapore, Here are the Penalties for Committing Forgery in Singapore, Penalties for Illegal Immigration and Overstaying in Singapore, Criminal Intimidation: Penalties for Making Threats in Singapore. Defendants who plead guilty or are found guilty by a jury are typically afforded a certain amount of time to wrap up personal and business affairs before reporting to prison. 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. If an Accused pleads guilty to a charge, he admits fully to the offence. 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. For example, for speeding or not slowing down at a pedestrian crossing. It may also be possible to prove that the accused did not understand the nature and consequences of pleading guilty, such that the court should not accept the plea of guilt. 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. 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). How Do You Apply for a Certificate of Clearance in Singapore? 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. What is a plea in mitigation? You can plead guilty with an explanation or plead nolo contendere, which are useful only in certain situations. Not made by the accused himself (e.g. Nadia’s practice encompasses Civil and Commercial Litigation, Matrimonial and Syariah Law as well as Criminal Law. 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