What Happens if I Plead Not Guilty at the Magistrates’ Court in Victoria?

Being charged with a criminal offence can be overwhelming, but it is important to remember that being charged does not mean you are guilty. Every person charged with an offence is presumed innocent, and it is the prosecution’s responsibility to prove the case beyond reasonable doubt.

If you believe you have not committed the offence, disagree with the police version of events or have a legal defence, you have the right to plead not guilty and require the prosecution to prove its case in court.

Many people worry that pleading not guilty will “make things worse” or upset the Magistrate. That is not the case. You have an absolute right to defend the allegations against you, and you should never feel pressured into pleading guilty simply because court proceedings have commenced.

What does a not guilty plea mean?

When you plead not guilty, you are telling the court that you dispute the charge and require the prosecution to prove the offence.

You do not have to prove that you are innocent.

The burden of proof always remains with the prosecution.

If the Magistrate is left with a reasonable doubt about whether you committed the offence, you should be found not guilty.

What happens after I plead not guilty?

Once you indicate that you are pleading not guilty, your matter will usually not proceed to trial immediately.

Instead, the court will generally list your case for a contest mention.

This gives both parties an opportunity to discuss the issues in dispute, identify the witnesses required and determine whether the matter can be resolved without the need for a contested hearing.

Many criminal matters are resolved before they ever reach a contested hearing.

What is a contest mention?

A contest mention is one of the most important stages in a defended criminal case.

At the contest mention:

• The Magistrate will discuss the issues in dispute.

• The prosecutor will explain the prosecution case.

• Your lawyer will explain why the allegations are disputed.

• The parties will discuss the witnesses required.

• The court will estimate how long the contested hearing will take.

• Any legal issues can be identified and dealt with before the hearing.

In some cases, the Magistrate may provide a sentencing indication if requested, giving you an indication of the sentence that would likely be imposed if you decided to plead guilty.

Whether to accept a sentencing indication is an important legal decision and should only be made after receiving advice from your lawyer.

Can I change my mind?

Yes.

Pleading not guilty does not lock you into having a contested hearing.

After reviewing the evidence, receiving legal advice or negotiating with the prosecution, some people decide that pleading guilty is in their best interests.

Likewise, the prosecution may decide to withdraw or amend charges if problems with the evidence become apparent.

It is common for cases to resolve at various stages before the contested hearing.

What if the case doesn’t settle?

If the matter cannot be resolved, the court will list it for a contested hearing.

This is effectively the trial.

At the contested hearing:

• The prosecution calls its witnesses.

• Each witness gives evidence under oath.

• Your lawyer cross-examines the prosecution witnesses.

• The defence may call witnesses if appropriate.

• Both parties make legal submissions.

• The Magistrate decides whether the prosecution has proved the charges beyond reasonable doubt.

The Magistrate will either find you guilty or not guilty.

Will I have to give evidence?

Not necessarily.

Many people assume they must give evidence if they plead not guilty.

That is not always the case.

You have the right to remain silent.

Whether you should give evidence depends entirely on the circumstances of your case.

Sometimes giving evidence strengthens the defence.

Sometimes it creates unnecessary risks.

This is a strategic decision that should always be discussed with your lawyer before the hearing.

What should I do after pleading not guilty?

If you intend to defend the charges, preparation is extremely important.

You should:

• Read the police brief carefully.

• Write down any factual inaccuracies.

• Identify any witnesses who may assist your case.

• Preserve photographs, messages, CCTV or other evidence.

• Tell your lawyer about anything that may assist your defence.

• Avoid discussing the case publicly or on social media.

The earlier your lawyer becomes involved, the more time there is to properly prepare your defence.

Should I speak to the police?

Generally, no.

If police contact you after you have been charged, you should obtain legal advice before answering further questions.

Anything you say may become evidence in your case.

If you are represented by a lawyer, it is often appropriate for communications to occur through your legal representative.

Can charges be withdrawn?

Yes.

Not every criminal charge proceeds to a contested hearing.

During the course of the proceedings, the prosecution may decide to:

• Withdraw charges.

• Amend charges.

• Accept a plea to different charges.

• Discontinue the prosecution because of problems with the evidence.

Sometimes additional evidence comes to light that changes the strength of the prosecution case.

This is one reason why it is important not to assume that the charges cannot be challenged.

Do I need a lawyer?

You are entitled to represent yourself, but criminal proceedings involve legal rules, procedural requirements and rules of evidence that can be difficult to navigate without experience.

A criminal defence lawyer can:

• Review the evidence.

• Identify weaknesses in the prosecution case.

• Request further disclosure if necessary.

• Advise whether you have a legal defence.

• Negotiate with the prosecution.

• Prepare your witnesses.

• Cross-examine prosecution witnesses.

• Make legal submissions on your behalf.

Many issues that determine the outcome of a case arise well before the contested hearing.

Obtaining advice early allows your lawyer to prepare your defence from the beginning rather than trying to resolve problems at the last minute.

Practical tips if you’re pleading not guilty

If you have decided to contest the charges:

• Obtain legal advice as early as possible.

• Keep all documents and evidence relating to the case.

• Make notes while events are still fresh in your memory.

• Don’t contact prosecution witnesses unless advised by your lawyer.

• Attend every court date unless excused.

• Be honest with your lawyer about both the strengths and weaknesses of your case.

Good preparation often makes a significant difference to the outcome.

Frequently Asked Questions

Does pleading not guilty make the sentence worse?

No. You are entitled to plead not guilty and require the prosecution to prove its case. The court will not punish you simply because you exercised that right.

Can I change my plea later?

Yes. Many people plead not guilty initially and later change their plea after reviewing the evidence or receiving legal advice.

Will my case go straight to trial?

Usually not. Most matters proceed to a contest mention before being listed for a contested hearing.

What happens if I’m found not guilty?

If the Magistrate is not satisfied that the prosecution has proved the offence beyond reasonable doubt, you will be acquitted, and the charge will be dismissed.

Get advice before pleading not guilty

Deciding to plead not guilty is an important step. Every criminal case is different, and the strength of the prosecution case should be carefully assessed before you make that decision.

An experienced criminal defence lawyer can explain the evidence, identify potential defences, negotiate with the prosecution where appropriate and guide you through each stage of the court process. Early legal advice gives you the best opportunity to prepare your defence and achieve the best possible outcome.

If you have been charged with a criminal offence and your matter has been listed for a contested hearing, obtaining legal advice well before the hearing date allows time to prepare your defence, identify issues with the prosecution case and ensure your matter is presented as effectively as possible.

If you have been charged with a criminal offence or have Criminal Hearing at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in criminal law matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Melbourne, Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.