Deciding how to plead is the most important decision in a criminal case. It should be based on the evidence, not on fear or pressure.
Key points
- An early guilty plea usually leads to a lower sentence than would otherwise be imposed.
- If you contest, the prosecution must prove each charge beyond reasonable doubt.
- The decision is best made after you have seen the police brief of evidence.
- Negotiation can reduce the number or seriousness of the charges before you decide.
Start with the evidence
You are entitled to see the prosecution’s evidence before you decide. Once we have the brief, we can tell you how strong the case is, what defences are open, and whether charges might be withdrawn or reduced through negotiation.
Reasons to plead guilty
- The evidence is strong and there is no viable defence.
- An early plea is taken into account in reducing your sentence.
- It avoids the cost, time and stress of a hearing.
- Negotiations may allow you to plead to fewer or less serious charges.
Reasons to contest
- You did not commit the offence, or you have a legal defence.
- The evidence is weak, inconsistent or may have been obtained unlawfully.
- The prosecution is overcharging and will not negotiate.
Cost and value
A contested hearing involves more preparation and a longer appearance by counsel, so it costs more than a plea. Because our fees are fixed, you can compare the options side by side and weigh them against what is at stake for you.
Never plead guilty to something you did not do. The decision is always yours.
This page is general information about Victorian law, current at the time of writing. It is not legal advice about your situation. Laws and police practices change, so speak with a lawyer about your own matter.