What happens when a person decides to plead guilty? Firstly, all of the charges and facts against the person will be considered. Then, they will seek criminal representation for a guilty plea.
Once a person pleads guilty the matter proceeds to a sentence. The sentencing can occur in the Magistrates, District or Supreme Court. This is dependant on the particular charge in question.
However, simply deciding to plead guilty is not the end of the matter. Often there will be extensive negotiations between the defence and the prosecution. This is all part of the process of criminal representation for a guilty plea. Your lawyer needs to be an experienced and skilful negotiator. This is to ensure that the person is pleading guilty to the ‘right’ set of facts. These are facts that both the person and the prosecution should be comfortable with.
They also need evidence. For example, a person may be charged with defrauding $100,000, However, they may assert that they only defrauded $50,000. In this instance, whilst they are technically pleading guilty to the offence of fraud, negotiations need to occur first. This is in order to resolve the factual dispute.
Furthermore, careful consideration of the person’s antecedents and the collation of supporting material can often make a substantial difference to the case. In particular, to the sentence that is imposed. Criminal representation for a guilty plea can include the use of character references and psychological/psychiatric reports. Plus, evidence of rehabilitation between the time of being charged and sentencing.
In some circumstances, there are ways to divert the matter away from the criminal courts. If this is successfully completed, it will result in the withdrawal of charges. The most common result is ‘justice mediation’.
Cridland & Hua Lawyers provide criminal representation for guilty pleas/sentences. We are specialists amongst Brisbane Law Firms. Contact us today.
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