Not Guilty Pleas in Wollongong: Your Strategic Defence & Legal Rights
We Fight. You Win. Experts in Criminal Law
Facing criminal charges can be the most stressful experience of your life. The moment you are asked to enter a plea is critical; it dictates the entire trajectory of your case. Not guilty pleas are not just a denial of facts—they are a strategic assertion of your rights, demanding that the prosecution proves their case beyond a reasonable doubt.
At My Criminal Lawyers in Wollongong, we believe in the presumption of innocence. With extensive experience in the NSW Criminal Justice System, we don’t just represent you; we protect your future. Whether you are facing a traffic infraction or a serious indictable offence, understanding the power of a not guilty plea is the first step toward your acquittal.
What Does Pleading Not Guilty Mean?
To understand not guilty pleas, you must first understand the foundation of Australian law. When you plead “not guilty,” you are formally stating to the court that you deny the charges laid against you. You are not required to prove you are innocent.
By entering this plea, you are exercising your right to force the prosecution (the police or the Director of Public Prosecutions) to prove every element of the offence beyond a reasonable doubt.
The Presumption of Innocence
Under NSW law, you are presumed innocent until proven guilty. A not guilty plea preserves this status. Even if you believe you might have committed the act, legal guilt is different from factual guilt. The police may have:
- Collected evidence illegally.
- Failed to follow proper arraignment processes.
- Charged you with the wrong offence.
Expert Tip: Never enter a plea without consulting a Criminal Defence Lawyer. Once a guilty plea is entered, it is difficult to withdraw. Call our Wollongong team at 0415 189 448 for a free initial consultation before your first court date.
The Strategic Advantage: Why Plead Not Guilty?
Many clients worry that pleading not guilty will anger the judge or result in a harsher sentence. This is a misconception. Pleading not guilty is often a necessary strategic step to access the evidence against you.
When to Plead Not Guilty
You should consider a not guilty plea if:
You did not commit the offence: It is a case of mistaken identity or false accusation.
Insufficient Evidence: The prosecution cannot meet the burden of proof.
Self-Defence: You committed the act, but it was done to protect yourself or another (a complete defence).
Duress or Necessity: You were forced to commit the act.
Mental Illness: You were not of sound mind at the time of the offence.
The “Holding” Plea
In the early stages of a case—often at the first mention or arraignment hearing—the police brief (evidence) may not be fully available. Pleading not guilty allows your lawyer to:
- Obtain the full police brief of evidence.
- Negotiate with the prosecution (case conferencing).
- Identify flaws in the police investigation.
Guilty vs. Not Guilty vs. No Contest
Navigating legal terminology can be confusing, especially with terms popularized by American television. Below is a comparison of plea types relevant to NSW and common searches.
| Plea Type | Meaning | Outcome in NSW Courts |
|---|---|---|
| Not Guilty Plea | You deny the charges and demand a trial. | The matter proceeds to a hearing or trial. You are acquitted if the prosecution fails to prove the case. |
| Guilty Plea | You admit to the charges legally and factually. | You proceed directly to the sentencing phase. You may receive a discount on your sentence for an early plea (up to 25%). |
| No Contest (Nolo Contendere) | You accept conviction but do not admit guilt. | Note: Nolo Contendere is a US concept. In Australia, you generally cannot plead “no contest.” You must plead Guilty or Not Guilty. |
| Mental Health Diversion | You argue the act was due to mental health issues (Section 14). | The charges may be dismissed conditionally without a criminal conviction being recorded. |
Not Guilty Plea vs No Contest
While users frequently search for “not guilty plea vs no contest,” it is vital to understand that in Wollongong Local Court, “No Contest” is not an option. If you do not wish to contest the facts but want to explain the circumstances, you plead guilty and present your case during sentencing. However, if you dispute the facts, you must plead not guilty.
The Process: What Happens After a Not Guilty Plea?
Once you instruct My Criminal Lawyers to enter a not guilty plea, a structured legal timeline begins. Here is the step-by-step journey through the Wollongong court system.
Step 1: The Arraignment Hearing
This is usually your first appearance in court. The Magistrate will read the charges, and your lawyer will enter the plea of not guilty on your behalf. The court then orders the police to serve the “Brief of Evidence.”
Step 2: Service of the Brief
The police must provide a copy of all evidence they intend to use. This includes:
- Police officer statements.
- Witness statements.
- Bodycam footage or CCTV.
- Forensic reports.
Step 3: Case Conference & Plea Bargains
This is where our experience truly shines. We review the brief and negotiate with the prosecution. This process, known as a plea bargain or case conference, can result in:
- Charges being withdrawn (you walk away free).
- Charges being downgraded to less serious offences.
- Agreement on a specific set of facts in exchange for a guilty plea to a lesser charge.
Step 4: The Hearing (Local Court) or Trial (District Court)
If negotiations fail, the matter proceeds to a defended hearing.
- Prosecution Case: They present witnesses. We cross-examine them to find inconsistencies.
- Defence Case: We present your evidence. You may or may not choose to testify (you have the right to silence).
- Closing Submissions: We argue why the law requires an acquittal.
Going to Trial: The Burden of Proof & Acquittal
The Criminal Justice System is designed to minimize the risk of convicting an innocent person.
The Burden of Proof
The standard is “Beyond Reasonable Doubt.” This is a high bar. If the Magistrate or Jury is 99% sure you did it, but has a reasonable doubt about the remaining 1%, they must find you not guilty.
Not Guilty Verdict vs Not Guilty Plea
- A Plea is what you say at the start.
- A Verdict is the final decision by the court.
- Acquittal: If the verdict is "not guilty," you are acquitted. The charges are dismissed, and you are free to go. You cannot be retried for the same offence (Double Jeopardy protections apply).
Trial / Jury Trial
For serious indictable offences, your matter may go to the District Court before a jury. In the Local Court (where most matters are heard), a Magistrate decides the verdict.
Common Questions: Traffic Tickets & Changing Pleas
Pleading Not Guilty to a Traffic Ticket
Many Wollongong residents accept traffic fines without question. However, pleading not guilty to a traffic ticket can save your license.
- Did the speed camera malfunction?
- Was the signage obscured?
- Were you actually the driver?
- Not Guilty Plea Form: For minor traffic matters, you can sometimes submit a "written notice of pleading" or a not guilty plea form online or by post. However, attending court with a lawyer significantly increases success rates.
How to Change Plea from Not Guilty to Guilty
It is very common to change a plea from not guilty to guilty as a case progresses. This usually happens after we receive the police evidence and negotiate a better outcome (a plea agreement). You will still receive a sentencing discount for saving the court the time of a full trial, provided the change happens before the trial date.
Warning: Changing a plea from Guilty to Not Guilty is much harder. You must prove to the court that you were confused, coerced, or received bad legal advice. This is why starting with a Not Guilty Plea is the safest initial strategy.
Why Choose “My Criminal Lawyers” in Wollongong?
When your liberty is on the line, experience matters. We are not generalists; we are dedicated Criminal Defence Lawyers.
Our Credentials
- Proven Track Record: Thousands of successful acquittals and downgraded charges in Wollongong and Greater Sydney.
- Law Society of NSW Accredited
The “My Criminal Lawyers” Difference
24-Hour Availability: Arrests don’t happen 9-to-5. We answer the phone whenever you need us.
Fixed Fees: No hidden hourly rates. We provide transparency so you can focus on your defence, not your bill.
Free Initial Consultation: We assess your case at no cost.
Local Knowledge: We know the Wollongong Magistrates and Prosecutors. We understand their preferences and how to present arguments effectively in this specific jurisdiction.
Client Testimonial
“I was facing a serious assault charge and terrified of losing my job. My Criminal Lawyers advised me to plead not guilty. They found a flaw in the CCTV footage that proved I acted in self-defence. The charges were dismissed. I owe them my life.” — Sarah M., Wollongong
Do Not Face the Court Alone.
If you are unsure how to plead, contact us immediately. A wrong move now can last a lifetime.
Frequently Asked Questions (FAQ)
Here are answers to the specific questions our clients ask regarding not guilty pleas.
What are the consequences of pleading not guilty?
If you plead not guilty and win (acquittal), there are no negative consequences; you have no criminal record for that charge. If you plead not guilty and lose, you may receive a slightly lower sentencing discount compared to an early guilty plea, but you retain the right to appeal.
Can I plead not guilty in writing?
Yes, for certain summary offences (minor matters like traffic tickets), you can file a not guilty plea form via the NSW Online Registry or by post. However, for serious charges, you or your lawyer must appear in court.
How long does a trial take after a not guilty plea?
It varies. In the Local Court, a hearing might be set 3 to 6 months after the plea. For District Court trials, it can take 12 months or longer due to court backlogs.
Does a not guilty plea cost more?
Generally, yes. Taking a matter to trial requires more preparation hours and court days than a sentencing hearing. However, My Criminal Lawyers offers fixed fees so you know the costs upfront.
What is a "No Case to Answer" submission?
At the end of the prosecution’s case, we can argue that they have failed to present enough evidence to prove the charge, even before we present your defence. If successful, the Magistrate dismisses the charge immediately.
What happens if I am found not guilty?
You are acquitted. The charge is removed from the pending list. In some cases, if the police investigation was flawed or malicious, we can apply for your legal costs to be paid by the prosecution.
Can I represent myself?
You have the right to, but it is highly risky. The Rules of Evidence are complex. A prosecutor will object to your questions if they aren’t framed legally. Professional representation is statistically linked to better outcomes.
What is the difference between an arraignment and a trial?
An arraignment is a short hearing where you enter your plea (Guilty or Not Guilty). A trial (or hearing) is the later date where evidence is presented and witnesses are cross-examined.
Can I negotiate a plea bargain?
Yes. Negotiation usually happens after a not guilty plea is entered but before the trial begins. We often negotiate to drop serious charges in exchange for a plea to a minor charge (e.g., dropping “Assault Occasioning Bodily Harm” to “Common Assault”).
Will I go to jail if I lose?
Not necessarily. The Sentencing Phase considers your character, lack of prior record, and remorse. Even if found guilty after a trial, we fight for alternatives to full-time imprisonment, such as Intensive Correction Orders (ICO) or Community Correction Orders (CCO).
Local Service Area
We proudly serve clients across the Illawarra region, including Wollongong, Shellharbour, Kiama, Dapto, and Port Kembla.