Going To Court For A Criminal Offence? Pleading Not Guilty?

Pleading Not Guilty

This page provides guidance to help you prepare and present a not guilty plea for a criminal offence. A plea of not guilty means you either do not agree with the offence or you agree but have a defence at law. In other circumstances, a not guilty plea is entered on the basis that the Prosecution cannot prove its case beyond a reasonable doubt.

Different penalty discounts apply based on the offence type and the stage at which you plead guilty. You should seek our expert legal advice to understand the benefits of pleading guilty for your specific situation. Otherwise, read on to learn more about presenting a plea of not guilty.

Pleading Not Guilty in Writing

If you have received a Court Attendance Notice (CAN) and cannot attend court for the mention, you may plead not guilty in writing and request the court to notify you of the next court date.

To do this, fill out a ‘Written Notice of Pleading’ form, which informs the court that you:

• Are pleading not guilty
• Have specific dates when you are unavailable for a hearing
• Will have a certain number of witnesses

Submit this form to the court at least seven days before your court date. It’s advisable to get legal advice before pleading not guilty in writing, as the court may not accept your written plea and might require you to appear in court. This can be true if you are on Bail and are required to be at Court. For more information on Bail, click the link.

Who Can Plead Not Guilty in Writing?

You can use a Written Notice of Pleading if you:

• Were released without bail, or
• Have elected to go to court

You cannot file a Written Notice of Pleading if you are on bail, have been refused bail, or your bail has been dispensed with. If you are on bail and cannot attend court in person, you might be able to appear via audio visual link (AVL) or telephone. If you have a lawyer, they may attend on your behalf.

Seek legal advice if you’re unsure whether you must attend court. If required to attend and you don’t, your case may be decided in your absence, or a warrant may be issued for your arrest. It Is advisable that you arrange to have a lawyer present at your Court date to ensure your rights are protected!

How to Plead Not Guilty in Writing

A Written Notice of Pleading form indicates your intention to plead guilty or not guilty. If you plead not guilty in writing, you won’t need to attend the mention but must attend the hearing.

Upon receiving your Written Notice of Pleading, the court may:

• Adjourn your case and provide a new court date
• Order the police to serve you with a brief of evidence and give you a reply date
• Set a hearing date if no brief of evidence is required

You may also send a letter or email to the court instead of using the form. The court will decide if your communication will be accepted as a Written Notice of Pleading.

Filling Out a Written Notice of Pleading

A blank form may be included with your CAN. You can also obtain a copy from your nearest Local Court registry or the Local Court of NSW website.

Include the following details in your Written Notice of Pleading:

• Your name
• Offense details from your CAN
• Court name and address
• Court date
• Number of witnesses
• Dates you’re unavailable within three months after the mention
• Contact details (email and phone numbers)
• Whether you have a lawyer

You don’t need to sign the form in front of an authorized witness.

Filing a Written Notice of Pleading

Submit your completed form to the court registry in person, by email, post, or fax. Ensure the court receives your Written Notice of Pleading at least seven days before the mention date. If it’s late and you don’t attend court, your case may be heard in your absence, and you may be found guilty.

Court Rejection of a Written Notice of Pleading

The court may reject your Written Notice of Pleading if:

• It lacks sufficient information
• The court requires your personal attendance

If rejected, your case may be adjourned, and you’ll be notified to attend court in person. Failure to attend may result in your case being heard without you and a warrant for your arrest.

What Happens Next?

The court will inform you of your hearing date by email or post, depending on your preference. You can also call the court registry for updates.

Preparing for the Hearing

If pleading not guilty, expect to attend court multiple times, usually for the reply date and the hearing.

At the mention, the court may order the police to serve you with a brief of evidence and give you a reply date. On the reply date, the court will confirm if the brief of evidence has been served and if you still plead not guilty. If so, a hearing date will be set.

To prepare for the hearing:

• Read the brief of evidence (if available)
• Talk to your witnesses
• Gather documents, photos, and other evidence
• Subpoena necessary documents and witnesses
• Attend court for the reply to the brief of evidence

Some charges do not require a brief of evidence. In such cases, the case goes straight to a hearing without a reply date. In those circumstances, you will usually be provided a copy of the Prosecution’s brief of evidence on the day of the Hearing.

Going to the Hearing

On the hearing day, find your courtroom. Once your name is called, the case will proceed as follows:

• The prosecutor questions their witnesses (examination-in-chief), and you can cross-examine them
• You present your evidence and will be cross-examined by the prosecutor
• You call your witnesses (if any) for questioning and the prosecutor cross-examines them
• Both sides sum up their cases
• The court makes a decision

Changing Your Plea

You can change your plea to guilty at any time before or during the hearing without the court’s permission. If considering a change, seek legal advice promptly.

Notify the court and prosecutor as soon as possible. Changing your plea on the hearing day may result in you paying prosecution costs. You should also seek legal advice about the benefits of pleading guilty earlier to save Court time, which will ultimately lead to a greater sentencing discount.

How to Change Your Plea

Inform the prosecutor or police officer in charge of your case and notify the court by:

• Telling the Magistrate during the reply or mention
• Filing an “Application to Vacate a Hearing Date” (if the reply date has passed)
• Informing the Magistrate on the hearing date

After Changing Your Plea

If you change your plea on the reply date, mention, or hearing date, the Magistrate may sentence you on the same day. Be ready with any information you want the court to consider during sentencing.

Refer to “Going To Court For A Guilty Plea” for more information.

Preparing for Court

Arrive at least half an hour early. Check the court list for your name and turn off your mobile phone. Sit in the public gallery until your name is called. Be prepared to stay all day and make arrangements for work or childcare if necessary.

In the Courtroom

Once your matter is called, proceed to the bar table. The Magistrate will check if both sides are ready to start the hearing and address any issues, such as missing documents, which witnesses will be required etc. The Magistrate may:

• Start the hearing immediately
• Set a later time to return (marking)
• Send you to another courtroom

Witnesses will be asked to wait outside. The prosecutor will present their case first, calling their witnesses to give evidence. You or your lawyer can cross-examine them. If the Magistrate finds a case to answer, you present your case, give evidence, and call witnesses.

If the hearing cannot be completed in one day, it may be adjourned. The Magistrate will provide instructions for the next court date.

At the Hearing

Both you and the prosecution present evidence. After all evidence is presented, both sides sum up their cases, starting with the prosecutor.

Questioning Witnesses

• Question prosecution witnesses after the prosecutor (cross-examination)
• Question your own witnesses before the prosecutor (examination-in-chief)
• Re-question witnesses if necessary (re-examination)

For domestic violence cases, a court-appointed questioner will cross-examine the complainant if you are self-represented. In cases where there are elements of sexual assault or concerning children, the Court may be closed to the public.

Giving Evidence Yourself

You don’t have to give evidence and can always maintain your right to silence. If unsure, seek legal advice from our expert criminal defence lawyers. If you decide to give evidence:

• Take an oath or affirmation
• Present your version of events
• Be prepared for cross-examination by the prosecutor

Other Evidence

To present non-witness evidence, such as documents or photos, have it identified by a witness before it can be tendered. If the witness is not present, ask for the evidence to be marked for identification.

Summing Up

Summarize your evidence and arguments, pointing out gaps or mistakes in the prosecutor’s case. The prosecutor will sum up first. You may wish to point to deficiencies in the Prosecution’s case or that they have not proved their case beyond a reasonable doubt to establish each element of the offence.

The Decision

After hearing all evidence and summaries, the Magistrate will decide if you are guilty or not guilty. The decision may be immediate or reserved for a later date.

Not Guilty

If found not guilty, the charge is dismissed, and you are free to leave. The prosecutor cannot appeal the decision. You may request your legal costs to be paid under the Criminal Procedure Act 1986 (NSW).

Guilty

If found guilty, the Magistrate may sentence you on the same day or set another date. Be prepared to make submissions about the sentence, even if you pleaded not guilty.

Why You Should Consider Legal Representation For Your Guilty Plea And Sentence Proceedings For Going To Court

While you have the option to plead guilty in the Local Court without legal representation, seeking advice from a lawyer beforehand is crucial for making informed decisions. In some cases, expert legal representation can make all the difference between a conviction and a non-conviction penalty.

Benefits Of Legal Representation In Criminal Law When Going  To Court

Retaining our expert Sydney criminal defence lawyers for your guilty plea ensures you receive the best possible outcome.

Our experienced criminal lawyers will:

• Provide comprehensive preparation and advice, including guidance on whether additional steps like obtaining character references or participating in programs such as the Traffic Offenders Intervention Program would benefit your case.
• Possess in-depth knowledge of sentencing laws and precedent cases, offering insights into potential penalties, periods of disqualification, and addressing any concerns you may have.

Navigating the complexities of the legal system with a skilled lawyer can significantly impact the outcome of your case.

Understanding Sentencing Options Available To Courts In Criminal Law

Courts have a variety of sentencing options they can impose, tailored to the circumstances of each case. These include:

• Fines: Monetary penalties determined by the severity of the offence.
• No Conviction: A decision where a guilty verdict is reached but no formal conviction is recorded.
• Conditional Release Orders (CRO):
  • Without Conviction: Allows offenders to avoid a criminal record under specific conditions.
  • With Conviction: Imposes conditions with a recorded conviction.
• Community Correction Orders (CCO):
  • With or Without Community Service: Community-based sentences with conditions, such as rehabilitation programs.
• Intensive Correction Orders (ICO):
  • With or Without Community Service: Non-custodial sentences involving strict supervision and community service.
• Imprisonment: Last resort for serious offences, involving confinement in a correctional facility.

Each sentencing option aims to balance justice with rehabilitation and community safety. Thats why its important to obtain expert legal representation when going to court.

Going To Court? Let Barsha Defence Lawyers Represent You

1. Going To Court For Traffic Offences: Traffic offences can range from minor infractions to serious violations that carry severe penalties. Our legal team specializes in defending clients against speeding tickets, reckless driving, hit and run, and other traffic violations. We work to minimize fines, points on your license, and other penalties, helping you maintain a clean driving record.
2. Going To Court For Drug Offences: Facing charges for drug offences can be overwhelming and carry harsh penalties, including imprisonment and heavy fines. Our experienced lawyers provide robust defence for a variety of drug-related charges, including possession, trafficking, manufacturing, and distribution. We meticulously examine the details of your case to build a strong defence aimed at reducing or dismissing the charges.
3. Going To Court For Assault: Assault charges can arise from various situations and can lead to serious legal consequences. Our legal team is adept at handling cases involving simple assault, aggravated assault, and battery. We provide thorough investigation and strategic defence to challenge the evidence and protect your rights, striving for the best possible outcome in your case.
4. Going To Court For Sexual Offences: Charges of sexual offences are extremely serious and can have life-altering consequences. Our lawyers are experienced in defending against allegations of sexual assault, rape, child molestation, and other sexual crimes. We offer sensitive and discreet legal representation, focusing on protecting your rights and reputation while providing a strong defence strategy.
5. Going To Court For Property Offences: If you are charged with property offences such as vandalism, trespassing, arson, or property damage, our dedicated legal team can help. We understand the complexities of property crime cases and will work tirelessly to defend your rights, aiming to reduce charges or achieve a favourable verdict.
6. Going To Court For Firearm and Weapon Offences: Facing firearm or weapon charges can be daunting. Our lawyers specialize in defending against charges related to illegal gun possession, firearms violations, and concealed weapon offences. We provide robust defence strategies to challenge the prosecution’s case and protect your freedom.
7. Going To Court For Domestic Violence Offences: Charges of domestic violence can have serious consequences on your life. Our legal team is experienced in handling domestic abuse, battery, and spousal abuse cases. We provide compassionate and effective representation to defend your rights and work towards the best possible outcome in your case.
8. Going To Court For Fraud Offences: Fraud charges require a meticulous and strategic defence. Our lawyers are well-versed in defending against various types of fraud, including identity theft, credit card fraud, and insurance fraud. We investigate every detail of your case to build a strong defence and protect your reputation and future.
9. Going To Court For Drink Driving Offences: Being charged with drink driving (DUI) can lead to severe penalties, including fines, license suspension, and jail time. Our experienced DUI lawyers provide aggressive defence strategies to challenge the evidence against you, aiming to reduce or dismiss the charges and minimize the impact on your life.
10. Going To Court For Drug Driving Offences: Charges for driving under the influence of drugs (drugged driving) are serious and complex. Our legal team specializes in defending clients accused of drug driving, focusing on challenging the prosecution’s evidence and providing expert representation to protect your rights and driving privileges.
11. Going To Court For Licence Appeals: If your driver’s license has been suspended or revoked, our lawyers can assist you in the appeal process. We understand the importance of your driving privileges and will work diligently to build a compelling case for the reinstatement of your license, ensuring you can get back on the road legally.
12. Going To Court For Bail Applications: Securing bail is crucial for your freedom while awaiting trial. Our lawyers are experienced in handling bail applications and hearings, providing strong arguments to the court for your release. We aim to secure the most favourable bail conditions, allowing you to prepare for your defence without unnecessary detention.
13. Going To Court For Section 14 Applications: Section 14 applications are critical for certain legal defences and procedural matters. Our legal team is skilled in preparing and filing Section 14 applications, ensuring compliance with legal standards and advocating for your best interests in court. We provide expert guidance throughout the application process to achieve optimal results.

Going To Court After Pleading Not Guilty To A Criminal Offence? Contact Us Today For Your Free Initial Consultation!

Secure your future with Barsha Defence Lawyers. Our expert criminal defence lawyers specialise in obtaining a not guilty verdict after Hearing. Trust our dedicated advocacy to protect your rights and achieve the best possible outcome for your case. Contact Barsha Defence Lawyers today to start building your defence strategy. Our criminal defence lawyers will guide you through the Court process and help you prepare for the outcome you desire. Going to court can be a daunting and stressful experience. Get our specialist criminal defence lawyers on your side.