Pleading guilty to a charge does not necessarily mean accepting the facts of the case as presented by the prosecution.
To be found guilty of an offence, the circumstances, facts and evidence used by the prosecution and police must be accurate and true. Where they are not, an opportunity arises to negotiate with the prosecutor, because by exposing this discrepancy before the court will seriously jeopardise both their reputation and the strength of their case.
If the prosecution refuses to negotiate, you may be able to raise the matter before a ‘disputed facts hearing’. In such a hearing, it is not the accused guilt or innocence of the accused which is contested, rather the accuracy and truthfulness of the evidence used by the prosecutor is assessed. If it is found that the facts used by police are inaccurate, untrue, or incomplete, the court may refuse to allow them to be used and significantly reduce the strength of the prosecutor’s case, or result in charges being dropped altogether.
Charged with a Criminal Offence or Under Investigation?
Getting the best legal representation is the best way to secure a positive outcome. If you’ve been charged with a criminal offence or are under investigation, Garde Wilson Lawyers are here to help.
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