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.

Frequently Asked Questions

What is a plea bargaining?
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.
What is the plea bargaining process?
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.
What is the outcome of plea bargaining?
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.
What is a plea?
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.
What is a plea of guilty?
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.
What is a plea of not guilty?
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.
How should you plead?
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?
Is there any benefit in pleading guilty?
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’.
Can you change your plea from not guilty to guilty?
If you have entered a plea of not guilty, you can change your plea to guilty at any time before or during the hearing.
Can you change your plea from guilty to not guilty?
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.