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Sentence adjustment
Before the Criminal Court, the sentence to which you are sentenced may be accompanied by a reprieve, either total or partial, sometimes with probation.
When it is a partial reprieve, without a committal warrant, this means that you will be summoned before the Sentence Enforcement Judge who will set the conditions under which you must serve your sentence.
It is therefore important to prepare your defense well before the JAP by providing, in particular, proof of work, job search, training project, relating to the family situation, etc.
If you request the wearing of an electronic bracelet, you must then provide, in addition to proof of residence, proof of an internet connection which will be used to ensure the transmission to the control center of the signal of your bracelet.
In the absence of sufficient guarantees, the Judge may decide that you will serve either all or part of your sentence in prison.
Persons already serving one or more sentences equal to or less than two years (one year in the event of a repeat offence) can also submit a request to the JAP for adjustment of sentences. Here again, the Judge will only be able to give a favorable response to your request if you present sufficient guarantees.
Referral to the JAP can be classic or "off-debate" (in case of emergency). In the latter case, the judge will rule, after notifying the public prosecutor, within a short period of time and in the absence of the plaintiff.
To be judged within the framework of a "CRPC" procedure
If you are summoned to a so-called "CRPC" hearing (appearance on prior admission of guilt, sometimes called "plead guilty"), it means that you have previously admitted your guilt and that you will be judged within the framework of a procedure "lightened".
For having agreed to be judged within the framework of this simplified procedure, the State, to "thank" you, will offer you a more lenient sentence compared to that which you incur in reality.
You will first appear before the Public Prosecutor who will let you know his proposed sentence. If you accept, a Judge who will "receive" you later will approve this proposal and the case is closed.
If the proposed sentence does not suit you, you can let it be known either to the Prosecutor, who could still review his proposal, or to the Judge. In the latter case, there will be no more room for discussion. The procedure will be canceled and you will be called back before the Criminal Court.
The sentences proposed by the Prosecutor vary from one Court to another. Some jurisdictions being lenient, others are much more severe.
In terms of violation of the Highway Code, your lawyer could identify the nullities that require the cancellation of the procedure.
However, raising these nullities in the context of a CRPC hearing remains risky. Indeed, if the level of your alcohol level is controlled by an assistant judicial police officer (or a municipal police officer) and not by an officer of the judicial police, the legal proceedings initiated incur the cancellation. However, if you are accused of several offences, such as non-compliance with a "Stop" sign, it is not in your interest to raise the nullity of the alcohol test.