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Plea Bargaining:

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Plea bargaining is a very important aspect of criminal offences and usually occurs in circumstances where the defendant intends to plead not guilty to one or more particular offences that the defendant has been charged with. The process is essentially a negotiation between the defendant (usually through his or her legal representatives) and the prosecution to reach an understanding as to whether or not the prosecution would consider seeking the withdrawal of a particular charge or charges, on the basis of representations made by the defendant (usually through is or her legal representative).  During the negotiations, the elements of the alleged offence or offences are discussed, including all evidence available to the prosecution. The defendant will usually, though his or her lawyer, indicate a willingness to consider pleading guilty to a lesser (less serious) charge or charges, or other charges.  By way of example of outcomes of plea bargaining, the process will generally or usually mean one or more of the following as outcomes:

  1. Where the defendant is charged with more than one offence, the prosecution agrees to prosecute only one charge; or
  2. The prosecution indicates a willingness to make favourable sentencing recommendations to the Court; or
  3. The prosecution indicates a willingness not to oppose the defendant’s request for a particular sentence; and/or
  4. The prosecution indicates a willingness to support the defendant that a particular sentence be imposed.

Plea bargaining has a number of advantages for the defendant, as it often means that the defendant can avoid the need for a lengthy trial, which can be both distressing and upsetting. Further, it usually results in a significant discount to a sentence that would otherwise be imposed. For instance, if no plea bargaining was undertaken and the case when to trial – if the defendant is found guilty by the jury of the charge that the defendant considered would not be made out or had minimal prospects of being proven or made out, the sentence imposed by the Court would be significantly higher than what could have been obtained through plea bargaining. The catch, of course, is that when plea bargaining, the defendant will usually plead guilty and at the end of the day, if convicted, will have a criminal record.

The judge will not participate in the plea bargain. However, it is up to the prosecutor whether they will offer a plea bargaining option. Prosecutors generally prefer plea bargaining options to avoid lengthy trials and wasting the Court’s time on low-priority cases. Prosecutors are also evaluated on conviction rates and so a plea bargain will usually ensure a conviction for the prosecution, as the plea bargaining process will involve the defendant agreeing to enter a plea of guilty in relation to a certain offence or offences. 

If you have been charged with a serious criminal offence and intend to plead not guilty, you should obtain legal advice so that a qualified Criminal Lawyer can adequately explain to you the manner in which you should best handle the matter, including the costs and benefits of allowing your lawyer to enter into a plea bargaining process with the prosecutor. 

Our Criminal Lawyers are highly trained in plea bargaining and can provide you with the advice you need to make an informed decision as to whether you intend to engage in plea bargaining. Contact our firm today to book a consultation on (02) 9233 4048 or email info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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