HAVE YOU BEEN CHARGED WITH A CRIMINAL OFFENCE? WHAT HAPPENS NOW? SHOULD I PLEAD GUILTY OR NOT GUILTY?
When you have been charged with a criminal offence, the first question ordinarily is – Should I plead guilty or not guilty? Whilst you may think that you should plead guilty, a specialist criminal lawyer can advise you whether you are in fact guilty at law.
Each and every day a person is charged with a serious criminal offence incorrectly. This could be because of the police failure to investigate, a blatantly false allegation or a case of mistaken identity.
In Australia, like many other countries around the world, people are wrong charged with serious criminal offences all the time. Thankfully with an effective and just court system to ensure that you get your fair day in court. Whether it be a Magistrate or a Judge or even a Jury, the best defence can ensure you get the right result in court. Sometimes the decision is wrong and there are avenues to appeal those decisions and have them overturned.
It is better that ten guilty persons escape, than that one innocent suffers – Sir Blackstone.Â
WHAT IS PLEADING NOT GUILTY?
A plea of guilty involves the process of defending a charge. If you enter a plea of not guilty you are denying the alleged offence you have been charged with. When you enter a plea of not guilty you are indicating to the court that you wish to defend yourself against the allegations and that they are false. You are not required to prove your innocence. It is the job of the prosecution to prove your guilty beyond a reasonable doubt.
WHAT IS PLEADING GUILTY?
If you instruct your lawyer to enter a plea of guilty that would mean that you accept the elements of the criminal offence have been established by the police. In some instance you may be entering a plea of guilty for ‘convenience’, which you can if you have been advised properly, however, in most instances, a plea of guilty, would be an acceptance of wrongdoing by you. Depending on when the plea of guilty is entered at court would impact the relevant discount applicable to you on sentence. An early plea of guilty would entitle you to a 25% discount on sentence. This could be quite significant depending on the offence that you have accepted guilty for.Â
THE PROCESS AFTER PLEADING NOT GUILTY
All pleas of ‘Not Guilty’ commences in the Local Court. For Local Court matters, after a plea of not guilty is confirmed, the court will order that the police serve what is called a ‘brief of evidence’ upon you. Your criminal lawyer will then thoroughly peruse the evidence and advise you accordingly. It is your job, as the client, to provide instructions in relation to your actions and the evidence contained within the brief of evidence. In some instances, your lawyer may be able to negotiate with the police to receive the brief of evidence before you enter a plea of not guilty. This will allow early access to key evidence to begin your plan of defence. Once the evidence is served and your position is confirmed the matter will proceed to trial where the Presiding Magistrate will decide whether you are guilty or not guilty.
THE PROCESS AFTER PLEADING GUILTY
If you instruct your lawyer to enter a plea of guilty that would mean that you accept the elements of the criminal offence have been established by the police. In some instance you may be entering a plea of guilty for ‘convenience’, which you can if you have been advised properly, however, in most instances, a plea of guilty, would be an acceptance of wrongdoing by you. Depending on when the plea of guilty is entered at court would impact the relevant discount applicable to you on sentence. An early plea of guilty would entitle you to a 25% discount on sentence. This could be quite significant depending on the offence that you have accepted guilty for. A plea of guilty would then lead to a sentence hearing whereby you will learn the punishment for the offence you have committed.
PLEADING NOT GUILTY AND THEN CHANGING YOUR MIND TO GUILTY?
There are many instances that after pleading not guilty that a client may change their mind and decide to plead guilty. This at times would be entirely appropriate if the evidence served by the police established the offence said to have been committed. Our Criminal Lawyers Sydney will ensure that you are advised properly as to whether this is the option that you should take. Our Criminal Lawyers will negotiate with the police the best possible charges and also the fact sheet that you are to be sentenced for. The factual matrix of your case is extremely important, and you should ensure that you are advised by a specialist criminal lawyer before accepting to plead guilty to any charge or accept any fact sheet. When in doubt, plead not guilty to obtain advice if you are unable to adjourn your case to obtain legal advice.
WHAT TO DO IF YOU ARE CHARGED?Â