What’s the difference between pleading Guilty and Not Guilty?
When you first appear in court, one of the first decisions you’ll need to make is whether to plead guilty or not guilty. This decision has serious consequences, so it’s important to understand the difference.
Pleading Guilty
If you plead guilty, you’re admitting that you committed the offence. The case then moves straight to the sentencing stage, where the magistrate decides the appropriate penalty.
Advantages of pleading guilty:
- It shows remorse, which can lead to a reduced penalty
- The court may apply a sentencing discount for early pleas
- It avoids the stress and cost of a contested hearing
Risks:
- A conviction may still be recorded against you
- Penalties can range from fines and bonds to imprisonment, depending on the offence
A lot of people ask us, “Can I plead guilty with an explanation?” – the short answer is ‘yes’. The process is designed to take into account what you or your lawyer say about the circumstances in which the offence was committed. That said, you should not take this step without seeking legal advice first.
Pleading Not Guilty
If you plead not guilty, the case is set down for a hearing at a later date. At the hearing, the prosecution must prove the charge beyond reasonable doubt. Your lawyer will cross-examine witnesses and present your defence.
Advantages of pleading not guilty:
- You may be acquitted if the prosecution cannot prove the case
- Your lawyer can challenge evidence or raise legal defences
Risks:
- Hearings can take months to resolve
- If you are found guilty after a contested hearing, penalties may be harsher than with an early guilty plea
Why you should get advice first
Choosing whether to plead guilty or not guilty is a decision that should never be rushed. A lawyer can review the evidence, advise on your chances of success, and recommend the best path forward.
👉 Before entering any plea, call 1800 000 566 or use our contact form to get clear legal advice.