Pleading Guilty or Not Guilty: A Comprehensive Guide

“The law holds that it is better that ten guilty persons escape, than that one innocent suffer”

• Sir William Blackstone, 1769

If you have been charged with an offence, you might consider pleading guilty or not guilty. This decision could be one of the most significant and lasting choices of your life.

This article provides general advice on pleas and frequently asked questions. However, there is no substitute for legal advice from a lawyer who has considered your specific circumstances.

---

Pleading Not Guilty

Though we’d like to believe that being falsely accused of a crime “won’t happen to me,” the reality is that it can happen to anyone. For some, the decision to plead not guilty is simple: “I will not plead guilty to something I didn’t do.” For others, it can be much more complicated.

Innocent people have been convicted, as seen in various high-profile cases. These failures of the criminal justice system highlight the importance of making informed decisions. Unfortunately, some innocent people plead guilty to avoid harsher outcomes.

Only after comprehensive legal advice should you enter a plea of not guilty. Depending on the severity of the charge, you may be entitled to receive the brief of evidence before entering a plea. However, in Local Court matters, a plea of not guilty is often required before you see the police’s case. Once entered, you typically receive the brief within 4-6 weeks (except in domestic violence cases).

In some cases, your lawyer may negotiate early access to evidence. For example, if the alleged offence was captured on CCTV, you may want to see the footage before entering a plea.

---

Pleas of Guilty

Statistically, most criminal cases resolve with a guilty plea and subsequent mitigation. In some cases, this allows proceedings to conclude quickly. However, pleading guilty should not be taken lightly or done simply for convenience or to avoid legal costs.

Many clients later regret pleading guilty without understanding the full consequences. Seeking competent legal representation from the start can save significantly in the long term. A good lawyer will help you prepare for the best possible sentence outcome, but they may also present alternative options.

---

The Benefits of Pleading Guilty Early

An early plea of guilty can result in a 25% sentence discount. This “utilitarian discount” is offered in recognition that you have saved the court time and resources. The maximum discount applies when a plea is entered on the first court date. If you later change your plea, the discount decreases as the hearing date approaches.

In straightforward cases where there are no factual disputes, the full discount is easier to secure. However, agreeing to facts that may escalate the seriousness of the offence could undermine the value of this discount. Your lawyer will guide you in entering a plea while noting any factual disputes for resolution.

---

Negotiating with Police

In certain circumstances, your lawyer may negotiate with police either before or after entering a plea. These negotiations, known as “representations,” often aim to withdraw charges or resolve factual disputes without a defended hearing. However, police are not obliged to accept any offers, and your lawyer will assess whether plea negotiations are in your best interest.

It is essential to fully consider your plea without depending on negotiations going in your favor.

---

Frequently Asked Questions

Q: I can’t decide. Can you decide for me?

Absolutely not. Your lawyer will advise you on your options and the consequences of each, but only you can make this decision.

Q: What if I plead guilty and I change my mind?

If you have doubts, do not plead guilty. Once entered, a guilty plea cannot be easily changed. You would need to “traverse the plea,” which can be complex. Speak with your lawyer and ask for more time if needed.

Q: Can I see the brief of evidence first?

In some cases, your lawyer may negotiate early access to evidence. However, usually, you must plead not guilty to see the evidence. Though this may reduce your sentencing discount, it is rarely enough to justify not obtaining the brief if you have doubts about the case against you.

Q: I did commit the offence, but if I plead guilty, I will lose everything. What are my options?

It is your right to plead not guilty and defend the case. However, if you’ve disclosed to your lawyer that you committed the offence, your defence will focus on challenging the prosecution’s proof.

Q: I want to plead guilty, but only if you can promise I won’t be convicted.

Your lawyer can do a lot for you, but they cannot guarantee an outcome. Pleading guilty must be based on accepting responsibility for the conduct alleged.

Q: If I plead guilty, can you negotiate the sentence?

While your lawyer can help prepare for sentencing, the final decision is up to the court.