Sample Essay on Court Case

Court Case

Mr. Ling has been charged with four counts of fraud and theft. The crimes involving making overdrafts by withdrawing from his bank account as TD Bank. The accused defaulted on payments from his visa card worth $ 343.36. The accused was also being indicted for having made changes to a cheque that was supposed to be issued to Canada BST. The complainant is TD bank who was defrauded of a cheque that was worth of $ 4,293.79 on 15 September 2010.

Pleading guilty

If the client insists on a trial, the Crown has the burden of ensuring that there is sufficient proof to convict him. If Mr. Ling wants to plead guilty, then it would be up to his lawyer to negotiate the best possible terms for him so that he gets a lesser sentence in terms of time and/ or fines.

If the client was to plead guilty, there is high probability that the Crown would agree to a lesser penalty because the client would be saving the public prosecution time and money that could be wasted on a court case/ trial.

The client has to agree to be represented by the lawyer. Mr. Ling should give the lawyer all the information that would be relevant to the case, so that the lawyer can fully prepare for the necessary defense. Failure to give the correct information would make the lawyer feel side tracked when he has to find out some information during the court process from the information that the Crown presents during the court process.

Mr. Ling should get a more lenient sentence based on the fact that he has no existing criminal record. First time offenders have the right to get a lesser sentence in terms of time and fines. Second time offenders are likely to get more severe sentences since it would appear that they did not learn from the first time that they were punished and given a chance to reform.

As Mr. Ling’s lawyer, it would be important to explain the possible sentences that the Crown would be targeting by presenting evidence against him. It would also be important to explain to Mr. Ling that once he made a plea, such as admitting that he was guilty, he could not retract the statement or change his mind. As the lawyer to the accused, it would only be possible to advise the client on the possible decision (s) by the judge, but he/she could not make a decision on behalf of the accused.

The crown will find it difficult to prove intent. There is no evidence that shows that Mr. Ling had planned to defraud the bank. In an ideal case, there could be an individual that could testify of how Mr. Ling had detailed a plan of how he planned to steal from the company and from the bank. However, bank records show that this is the first time that Mr. Ling has ever made an overdraft and refused to pay his Visa card charges.

The Crown will also find it challenging to provide evidence showing that it was actually Mr. Ling who presented the cheque at the bank. So far, the bank teller interview details with the police cite that he/ she does not remember how the individual that presented the cheque looked like in terms of physical appearance. Mr. Ling’s lawyer could argue that an individual had stolen Mr. Ling’s details such as where he lived, accessed the cheque that was intended for Canada Post office and made it appear as if Mr. Ling is the one that had stolen and defrauded the bank of the amount drawn on the particular cheque (number 005922).

The Crown also has the burden of proof that Mr. Ling is the individual that incurred the Visa card charges that amounted to $ 436.36 and defaulted on them. They should be able to at least present videos that show Mr. Ling making the particular purchases at the different outlets where the expenses were incurred.

Negotiation meeting

The cheque details are not faint when viewed because the document is not clear in terms of legibility. A meeting between the Crown and the lawyer representing the accused would be referred to as a “resolution discussion”. For Mr. Ling to get a better deal, he would have to admit to being guilty to the Crown of all the crimes that he would be accused of.

Offer to the crown

As Mr. Ling’s lawyer, it would be important to show that Mr. Ling is a non violent person who has no history of being violent or any other criminal record.

Bail Plan

His appearance at the bank would be cited as a coincidence whereby he was headed somewhere else and just happened to take the route where the involved bank is located. The lawyer would also propose that Mr. Ling could live with his sister before the trial started since his sister lives in a three bedroom house. If the police found it necessary, they could hold him under house arrest and keep his passport so that he would not be a travel risk.

Letter to Crown

I would like to request further disclosure on the cheques which have been entered into evidence since they are not clear as provided on the form. My client Mr. Ling, has been charged with two counts of robbery, and two counts of fraud. I look forward to your cooperation on the matter.