Plea Bargaining and Making Representations

In the right circumstances, it may be in your best interests to have your criminal lawyer negotiate with the prosecutors regarding your charges. If getting your charges dropped completely appears exponentially out of reach, you can opt to negotiate to instead exchange them for a plea to a lesser charge. In the Australian Capital Territory, plea bargaining, or “making representations” can help to reduce the severity of your sentence.

The advantages of making representations

The delay, stress, and cost of a hearing or trial are often unbearable. By accepting a plea bargain, the prosecution can choose to withdraw its case when appropriate. Other benefits of a plea bargain include:

• Greater control over the facts of your case, allowing certainty on the outcome
• Reducing maximum potential penalties on the occasion that you plead guilty for a lesser charge
• Avoiding multiple interlocutory hearings and the trials concerning a single charge, especially when the prosecution only has enough evidence to establish a less severe charge
• Combining multiple charges with very little difference into a single, representative charge
• Sparing alleged victims and witnesses the trauma of having to testify, particularly relevant in cases where the court is requesting testimony from relatives of the accused

The Disadvantages of a Plea Bargain

A standard and widely-accepted part of a criminal prosecution, plea bargains are nothing out of the ordinary. However, they don’t always provide you with an advantage and can sometimes:

• Give the prosecution a vague idea of your defence, allowing them a more significant opportunity to work against it
• Allow the prosecution to work on any weaknesses in their case, as reducing your charge often means pointing out discrepancies 

How Plea Negotiations Play a Part in Criminal Proceedings

In the interest of all parties, the ACT criminal justice system aims to deal with matters early on, potentially coming to a resolution before a trial or hearing. Plea negotiations can be straightforward, especially when there is less of a dispute regarding the factual circumstances.

However, disagreements can potentially lead to a Disputed Facts Hearing before a magistrate or judge. In cases where neither party can come to a mutually satisfactory conclusion regarding the facts to which an offender pleads to, plea negotiations can become long and arduous.

How Do Plea Bargains Reduce a Charge?

Fundamental to the principles of the law, an accused person shouldn’t plead guilty to more than their charge or what is disclosed through evidence. The charges must adequately reflect the nature and seriousness of the circumstances. As such, expected outcomes include:

• A guilty plea as charged on an agreed or disputed factual basis
• A guilty plea to fewer than the original charges
• A guilty plea to a lesser charge or original, appropriate charges
• A withdrawal of all the charges
• Particular charges taken into account without a conviction
• Rejection of the plea deal

Conclusion

A sentence that results from making representations is aimed to accurately reflect the actual seriousness and criminality of any given charge. A plea negotiation can mitigate the maximum penalties of an eventual sentence.

If you find yourself in trouble with the law, Andrew Byrnes Law Group are amongst the best criminal lawyers in Canberra. During the fight of your life, we want to ensure the best possible outcome for you. If you need a criminal lawyer for Court in Canberra, Queanbeyan, Goulburn, Yass, Wollongong and surrounds, book in a free consult today.

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