Liberty Law Blog

Updated September 3, 2026

Once you have been charged with a criminal offence, you have, essentially, two choices as to how to proceed: you can go to trial or plead guilty.

If you plead guilty or have been found guilty after trial, you will then have to go through the process of sentencing. Being sentenced is not simply about receiving a punishment for a crime. The implications are far broader, and having an experienced criminal defence lawyer can make a world of difference. As mentioned, it is a process, and it can be a complicated task not only for lawyers, but also for judges. 

Being charged with a criminal offence can be very stressful and sometimes disruptive. The same can be said if you are about to be sentenced for an offence. Your liberty and freedom are often at stake. Your reputation, employment or livelihood could be put in jeopardy as well. Receiving a criminal record can pose great difficulties for future employment and travel opportunities. Your family and friends can also be adversely affected. In short, sentencing should not be taken lightly. The job of a defence lawyer is to take your matter very seriously and advocate on your behalf to make sure that you receive the best possible sentence that is fair. Defence lawyers are often able to come up with creative sentencing options that address the goals of sentencing while also setting you, the client, up for success moving forward. 

Just because you have pleaded guilty or have been found guilty of a criminal offence does not necessarily mean you will get a permanent criminal record or spend time in jail. Rather, there are many options available to a Judge at a sentencing hearing that can range from an absolute discharge (i.e. where the charges are essentially dismissed, without a criminal record, despite the finding of guilt), to a conditional discharge and probation (where you will incur a criminal record for only 3 years if you successfully complete all the required conditions) to probation (where you would incur a criminal record), to house arrest (formally referred to as a Conditional Sentence Order), to actual time in prison.

If you are convicted of a criminal offence, you will get an entry on your criminal record, except in very narrow circumstances. You will receive a criminal record entry even if you are not sentenced to jail time, such as a Conditional Sentence Order (which is technically jail but you’re permitted to serve it in the community on house arrest), Probation, or even a Fine. An entry on your criminal record can create difficulties; therefore, where appropriate, an absolute or conditional discharge should be sought. These discharges are the narrow exceptions mentioned above, and while they are challenging to obtain, it is much easier to do with a competent, experienced lawyer advocating for you. Legally speaking, a discharge is appropriate where it is in the offender's best interests and not contrary to the public interest. If you are discharged, a conviction for the offence(s) will not be entered as part of your criminal record. To be successful, a discharge proposal usually requires the tact and skill of an experienced defence lawyer.

Apart from ensuring that you receive a fair sentence, a skilled defence lawyer can sometimes pre-emptively resolve a matter for you without having to go through a trial or sentencing. Perhaps the best resolution of any criminal charge will come in the form of a stay of proceedings or a withdrawal of charge(s). This could result from successful negotiations undertaken by your lawyer with the Crown Prosecutor. Your matter may also be appropriately resolved through diversion programs, such as the Alternative Measures Program (AMP) or Mental Health Diversion (MHD). In other cases, your lawyer may be successful in negotiating a Peace Bond, under the common law or via the Criminal Code. Both means of resolution ensure that you do not get a criminal record. Moreover, it can save you time, effort, and a significant amount of stress that would otherwise be spent if your matter proceeds to trial or sentencing. If you want to learn more about Peace Bonds, please review our article “Peace Bonds”

Is sentencing the same as punishment?

Not quite. The fundamental purpose of sentencing is to maintain a safe and peaceful society by imposing fair sanctions. It ensures that society upholds respect for the rule of law. Punishing a person for a misdeed is not the only reason for sentencing. It also serves to discourage others from committing crime, and to condemn unlawful acts. If necessary, it operates to separate offenders from society through incarceration. It also assists in rehabilitating offenders, and in promoting a sense of responsibility for the harm done to the victim(s) and the community.

Sentencing can be a very complex process. Lawyers and Judges attempt to come up with a sentence that is appropriate considering two main factors: 

(1) the seriousness of the offence, and 

(2) the level of responsibility of the offender. 

It is the job of your lawyer to highlight to the Judge the mitigating factors (i.e. the factors which might reduce a sentence, that you may not be aware of on your own) when they advocate for a fit and proper sentence. This provides the court a full and fair picture of you, as a human being and a person, not just an offender.

Will I be facing jail? For how long? Will I get a criminal record?

Understandably, these are very common questions that are asked if someone is charged, or if someone pleads or is found guilty. It is the job of your lawyer to make sure that you are well-informed about the potential sentences that could be imposed. The answer to these questions depends on a number of factors, including but not limited to: 

• Any prior criminal record, especially if it is recent and/or related to the offence you’re currently being sentenced for; 
• The harm done to the victim(s) and/or the community;
• Your personal circumstances, including your background, career, education, familial circumstances, mental health, access to supports, etc.
• . 

 You lawyer should also be aware of other sentencing principles that may suggest  a more rehabilitative sentence would be appropriate in the circumstances  (such as probation or house arrest). Several principles of sentencing that your lawyer should be familiar with will indicate that jail should be a last resort and that the punishment should not be unnecessarily long or be harsh. 

It is also your lawyers job to become very familiar with your personal background and circumstances, including circumstances that you may not think are relevant that your lawyer will know to highlight for the judge. This personal information  could have a significant impact on the sentence that will be imposed by the judge. 

Ultimately, determining a proper sentence is not black and white. Which is why seeking the assistance of an experienced criminal defence lawyer who has expertise in sentencing is strongly advised.

What are ‘Ancillary Orders’?

One area that is sometimes overlooked as part of a sentencing involves so-called Ancillary Orders. These include Firearms Prohibition, Forfeiture Orders, DNA Orders, SOIRA Orders, etc. Such orders can have a significant impact on an individual and should not be afterthoughts. For example, a firearms prohibition could be devastating to a person who provides sustenance to their family through hunting. In a similar vein, driving prohibitions are matters that should be taken seriously, especially since they are generally administered under both federal (i.e., Criminal Code) and provincial (Traffic Safety Act) legislation. The application of the driving prohibitions can sometimes be complex because of their dual nature or source, and they have an immense impact on your day-to-day life. When contemplating pleading guilty or taking a matter to trial, your lawyer should review what Ancillary Orders are mandatory or likely in your circumstances to ensure you’re making an informed decision.

As you have seen, a criminal matter may proceed in many ways and can result in a variety of outcomes. No matter what you have been charged with and how your matter proceeds, it must be handled cautiously and seriously. Pleading guilty or speaking to your sentence after you have been found guilty at trial is not a simple matter. It is a complex process that requires the expertise of a lawyer who will vigorously advocate on your behalf. Therefore, if you have been charged with an offence, we strongly encourage you to seek the assistance of a skilled and experienced lawyer to assist in resolving your matter or speaking to sentence.

For additional information about diversion programs or sentencing, give us a call toll-free at 1-833-784-7500 or email us at [email protected].