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1. What is a plea of guilty?
A plea of guilty is an acknowledgement that you
are guilty of the offence alleged against you by the prosecution, and
in particular it is an admission that each of the elements of the
offence exist without the prosecution having to prove that each element
exists. e.g. a plea of guilty to a charge of driving whilst suspended
would be an admission that you were driving a motor vehicle on a road
in Victoria on the date alleged, at a time when your authorisation to
drive a motor vehicle was suspended, and that you knew or ought
reasonably have known that you were suspended at the time you were
driving.
2. Why should I plead guilty?
I advise my clients to plead guilty if doing so
is more advantageous to them than pleading not guilty. Sometimes you
should plead guilty if:
(a) the chance of success is low, and
(i)
if doing so can result in a significantly lower penalty, or
(ii) if doing so is likely to avoid significantly increasing the penalty.
3. How will I know when I should
plead guilty?
Your lawyer will usually have to see
several documents before advising you whether or not you have any
defence: the charge and summons, the police brief, and the court file.
Once you know what defences are available, you can then do a cost/risk
analysis to decide whether it is worthwhile to you to invest your time
and money fighting for an acquittal, or whether it is more beneficial
to plead guilty. Pleading guilty is usually the option you choose as a last resort.
4. Do you represent people who plead
guilty?
Yes. If you
wish to plead guilty I am able to
represent you at court to ensure that you get the lowest penalty
possible, including reducing or avoiding licence loss, avoiding jail,
having the amount of fines reduced or getting time to pay, and to avoid
convictions being recorded against your name.
5. If I plead guilty, can I save my
licence?
Sometimes you can. Generally you will not
be able to save your licence if you plead guilty to drink driving
offences over 0.07% (or less than that in some cases), or most cases of speeding more than 25kmh over the limit, or to
dangerous driving charges.
6. When can I plead guilty?
You can plead guilty on almost any day
that the court is sitting provided that you have arranged with the
court and the police for the plea
to be given on that day. Usually 24 hours notice is required. You do
not have to plead guilty on the court date listed on your charge and
summons.
7. What does it cost to get
representation on a plea of guilty?
From about $750 for a plea which does not
involve much negotiation or research, up to $2000 for a case involving negotiations with the prosecution and significant
skill and attention spent on checking for defences and/or developing
and implementing strategies to avoid prison or licence loss. Most cases will cost less than $1100 in total for a plea of guilty.
The following pages may help you:
On-the-spot-fines
Drink driving
Speeding
Going to Court
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