Negotiated Outcomes
Lamont Law are experts in negotiating with the prosecution with the aim of coming to an agreement in respect to the criminal charges and the agreed facts on sentence.
If you need our Plea Bargaining expertise, call us anytime on 1300 365 075 to book a free initial consultation.
Our lawyers have a proven track record of excellence in Plea Negotiations.
Contact UsFrequently Asked Questions
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Plea bargaining is the negotiated resolution of a criminal matter. Your lawyer can negotiate with the prosecution with the aim of coming to an agreement in respect to the criminal charges and the agreed facts on sentence.
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It may be that you plead guilty to a lesser charge. It may be that you plead guilty to fewer charges. In some instances the prosecution may be persuaded to withdraw all charges against you. It is also possible to amend the set of facts on sentence, so that it is more beneficial to you. The success of any such negotiations will depend upon the evidence against you; your willingness to plead guilty to an offence; the opinions of the police and victims; and the aptitude of your legal representation.
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Plea bargaining occurs between your defence lawyer and the prosecutor. The Police and the DPP have the discretion to accept a plea to a lesser charge or withdraw charges against you.
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A plea is the accused answer to the charge against them.
The plea can either be ‘guilty’ or ‘not guilty’. Or a person can also enter a special plea such as not guilty by mental illness.
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A plea of guilty is a ‘formal confession of the existence of every ingredient necessary to constitute the offence.’
The plea of guilty admits all the elements of the offence charged but no more.
If you plead guilty it means you agree that you committed the offence you were charged with and you do not have a defence.
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If you plead not guilty, you are disagreeing that you committed the offence that you have been charged with or that you agree that you committed the offence, but you believe you have a valid defence.
If you plead not guilty it means:
- you did not do it, or
- you did do it but you have a defence, or
- you don’t want to admit anything and you want to make the prosecution prove their case.
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When deciding how to plead, you should consider the following:
- Do you have a defence?
- Was the CAN sent in time?
- Do you agree with the police facts sheet?
- Do you have the time?
- Can you get to court?
- What penalties could you get?
- Is there any benefit in pleading guilty?
- Should you get a lawyer?
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If you plead guilty early on, the court may give you a discount on the penalty. There is also the possibility the magistrate will dismiss the charges and impose no penalty. This is known as a ‘section 10’.
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If you have already entered a plea, but you want to change it, in some cases you can.
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If you have entered a plea of not guilty, you can change your plea to guilty at any time before or during the hearing.
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You can only apply to change your plea from guilty to not guilty before you are sentenced. There must be exceptional circumstances for your plea to be changed from guilty to not guilty.
Why Choose Lamont Law
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Excellent Record of Success
Our lawyers at Lamont Law specialise in criminal law and we will expertly guide you through the criminal justice system. We will ensure that you receive the strongest representation and we are determined to protect your rights. Our lawyers have a proven track record of excellence.
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Highest Level of Service
We pride ourselves on providing expert legal advice and the highest level of service. All of our staff members are exceptionally friendly. You will be consulted consistently throughout the process and we will answer any and all of the legal questions which you may have. Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales in a variety of different matters. We have a high level of success rate and hundreds of positive online reviews.
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Local Professionals in your Community
Our lawyers appear in court everyday. We are familiar with local court magistrates. We know how to prepare your matter to obtain the best possible outcome.
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All Courts
Our experienced team of criminal and traffic defence lawyers regularly appear in Local and District Courts across New South Wales.
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Flexible Initial Conference Options
We provide flexible conference options over the phone, video or in person at our office locations across Sydney, the Hunter Region, the North Coast and the Central Coast.
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Flexible Payment Options
We provide affordable fixed fees and payment plans for several kinds of matters. Call us now for a free and no obligation discussion.