Whether you should plead guilty or not guilty depends on the charge, the evidence, your instructions, and whether the prosecution can prove the offence beyond reasonable doubt.

A guilty plea may be appropriate where you accept the charge and there is no proper legal basis to defend it. A not guilty plea may be appropriate where you dispute the allegations, the evidence is weak, or a legal defence may apply.

You should not enter a plea until you understand the case against you, the likely penalty, and the consequences of each option. A criminal lawyer can review the evidence, explain your prospects, and help you make an informed decision.

In a strict legal sense, pleading guilty means you are convicted. The court records a finding of guilt on the basis of that plea alone.

But, there is an important distinction between being convicted and having that conviction formally recorded. In Queensland, a court can find a person guilty but decide not to record a conviction. This is often referred to as having “no conviction recorded”.

This does not mean the offence did not happen or that there was no penalty. It means the court has exercised its discretion not to formally record the conviction on your criminal history.

When deciding whether to record a conviction, the court may consider factors such as the nature of the offence, your character and age, and the impact a recorded conviction may have on your employment, prospects or wellbeing. This discretion is set out under section 12 of the Penalties and Sentences Act 1992 (Qld).

Pleading guilty can reduce your sentence because it can show the courts that you are cooperative, remorseful and that you accept responsibility. It can also save court time, and saves victims and witnesses from having to give evidence.

In Queensland, the court must take a guilty plea into account when sentencing. Generally, an early guilty plea will carry more weight than a plea entered later in the proceedings.

This does not mean pleading guilty is always the right decision. You should only enter a guilty plea after receiving legal advice and understanding the charge, the evidence, the likely penalty and whether any defences may be available.

If you plead not guilty, your matter will usually proceed to a hearing or trial. The prosecution must prove the charge beyond reasonable doubt. If you are found not guilty, the charge is dismissed.

If you are found guilty after pleading not guilty, the court will then sentence you. Depending on the offence and your circumstances, penalties may include a fine, good behaviour bond, probation, community service, a suspended sentence, or imprisonment. In addition to any penalty, the court will also decide whether to record a conviction, which can have lasting consequences for your employment, travel, and professional licences.

A person who is convicted after a defended hearing or trial may not receive the same sentencing discount that can apply to an early guilty plea. However, you should not plead guilty simply to receive a lower penalty if you have a proper basis to defend the charge.

A lawyer cannot “negotiate” the sentence directly with the court, but they can make submissions about the appropriate penalty and present material that may reduce the outcome.

Before sentencing, a criminal lawyer may also be able to negotiate with the prosecution about the facts relied on, the charges proceeding, or whether some charges should be withdrawn. This can make a significant difference to the final penalty.

If you plead guilty, Guest Lawyers can help prepare your sentence, gather supporting material, present your personal circumstances, and argue for the most favourable outcome available in your case.