Once a person has entered a plea of guilty to a charge, it can be very difficult to change that plea.
If you intend to plead guilty to a charge, it means that you accept that you committed the offence and that you agree with what the police or prosecution allege in their Statement of Material Facts. There can be occasions where you accept that you committed the offence but dispute some of the contents of the Statement of Material Facts which may require conferral and negotiation with the police or prosecution regarding the contents before a plea of guilty is entered.
Following a plea of guilty to an offence, you will be sentenced and, in most cases, the offence will go on your criminal record which can have a considerable impact on future employment, travel and more. As such, depending on the nature of the offence and your prior record, an experienced solicitor can provide advice in relation to whether you may be eligible to apply for, or your prospects of being able to obtain, a spent conviction order so that the conviction is not recorded on your National Police Clearance.
After entering a plea of guilty to a charge, it is recommended that the offender present to the Court a plea in mitigation or sentencing submissions before being sentenced. A plea in mitigation is an opportunity for the offender to provide information and documentation to the Court for them to consider when sentencing or determining the penalty to be imposed for the charge/s. In a plea in mitigation, information is provided to the Court in relation to the circumstances of the offence/how or why it was committed, whether the offender cooperated with police/authorities, whether the offender is remorseful/how this is demonstrated, information regarding any prior criminal or traffic offences on their record, their personal circumstances including family and employment, what they have done since being charged to rehabilitate or change behaviours, and what sentencing option is being respectfully submitted as appropriate for the charge/s.
At Prime Law, we provide advice and legal representation on all criminal and traffic offences. If you intend to plead guilty to a charge/s, our experienced solicitors can advise and represent you in relation to negotiations with the police or prosecution prior to a plea being entered and can also represent you at your sentencing to present sentencing submissions or a plea in mitigation to try and get you the best sentencing outcome for your offences.
The content of this website is informative only, it is not legal advice.