Should I plead guilty or not guilty? 5 important factors to consider
Facing serious criminal charges is extremely stressul and the most important decisions you will need to make is whether to plead guilty or not guilty. This decision has serious legal consequences and should never be made without clear expert legal advice.
If you are facing serious or complex charges, it is essential to speak with an experienced Brisbane criminal lawyer before entering any plea. Your lawyer will explain the strengths and weaknesses of the prosecution case, the possible outcomes, and any available options such as charge negotiations (known as case conferencing in Queensland).
What does pleading guilty mean?
If you plead guilty, you are accepting responsibility for the offence and admitting to the charge(s) against you. This usually leads to:
A faster resolution of the matter
The possibility of a reduced sentence because of an early plea
Avoiding the time, cost, and stress of a trial
However, you should only plead guilty if you fully understand the charge, agree with the facts presented by the prosecution, and have received legal advice on the likely sentence. Once entered, a guilty plea is very difficult to reverse.
What happens if I plead not guilty?
If you plead not guilty, you are contesting the charge and the case will proceed to a hearing or trial. This allows you to:
Challenge the prosecution’s evidence
Present your own evidence and witnesses
Require the prosecution to prove your guilt beyond reasonable doubt
Pleading not guilty may be appropriate if you dispute the allegations, believe the evidence is unreliable, or have a valid defence.
5 important factors to consider before deciding how to plead
1. The strength of the evidence
Before deciding, your criminal defence lawyer will review the prosecution brief (known as the Qp9 in Queensland) and assess whether the evidence can be challenged.
If the case against you is strong and unlikely to be defended successfully, an early guilty plea may reduce the penalty. However, if the evidence is weak or open to challenge, for example, conflicting witness accounts or unreliable identification, it may be in your interests to plead not guilty.
2. Possible penalties
Every offence carries a different maximum penalty under the Criminal Code 1899 (Qld) or related legislation. Courts must also apply the Penalties and Sentences Act 1992 (Qld) when deciding punishment. An early guilty plea can reduce the sentence, while some offences (such as serious violent or sexual offences) may carry mandatory imprisonment. Your lawyer will advise what range of penalties you are realistically facing.
3. Defences available
You should only plead guilty if you have no valid defence. Common defences include:
Mistaken identity
Lack of intent or accident
Self-defence or duress
Consent (in sexual offence matters)
Unlawful police procedure or breach of your rights
In some cases, procedural issues or insufficient evidence may lead to the charge being withdrawn or downgraded through negotiations.
4. The impact of a guilty plea
Pleading guilty provides a ‘discount’ for cooperating with the court, often resulting in a lighter penalty. This can mean the difference between prison and a non-custodial sentence.
However, a guilty plea also means accepting a conviction on your record. This may affect:
Employment or professional registration
Blue Card or weapons licence
Travel and visa eligibility
Even if a conviction is not formally recorded, the finding of guilt can still have consequences. Always seek advice before entering a plea.
5. The court process and stress of trial
A trial (not guilty) can be lengthy, expensive, and very stressful. However, if you have a strong defence or the prosecution have problems in proving their case, a trial may be necessary to clear your name. Our criminal lawyers Brisbane will consider all options and provide advice as to the strategies to achieve your best outcome.
Frequently asked questions
Can I change my plea later?
If you have already entered your plea in court, then it will be very difficult to change it. When facing serious charges, it is crucial to seek expert criminal law advice before deciding whether to plead guilty or not guilty.
Will I get a lighter sentence if I plead guilty?
Yes. Queensland courts apply a sentencing discount for an early plea, recognising the cooperation with justice and saving court time.
Can my charges be reduced or dropped?
Depending on the evidence in your case, your criminal defence lawyer may be able to negotiate with the prosecutor to amend or withdraw charges.
Do I have to plead at my first court date?
No. You should not enter any plea until your lawyer has received and reviewed the prosecution evidence. It is usual process to adjourn a criminal case for legal advice.
Choosing the best criminal defence lawyer Brisbane
Our criminal defence lawyers appear daily in Brisbane and Queensland courts for serious criminal offences. We are available for a confidential discussion about your case. No booking required.
📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025