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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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