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Negotiating Charges
About Negotiating with Police
Negotiating Charges – Plea Bargaining
At WA Criminal Lawyers, we specialise in representing clients facing criminal charges, including negotiating with the police and prosecution to secure the best possible outcomes. Charge negotiations can lead to:
- Discontinuing your charges
- Downgrading to lesser offences (for example downgrading assault occasioning bodily harm to common assault)
- Amending the Statement of Material Facts to reflect your version of events
This process can save time, reduce legal costs, and minimise the risks associated with going to trial. Here’s how we assist in charge negotiations:
Discontinuing Criminal Charges
The prosecution must prove there are reasonable prospects of conviction for a case to proceed. If the evidence is flawed or insufficient, we can identify weaknesses in the police case and write detailed submissions to the prosecution, arguing why charges should be discontinued.
For instance, evidence may be unreliable, witnesses uncooperative, or key elements of the offence unsubstantiated. By presenting these issues, we can often secure the withdrawal of charges early, saving you the stress and expense of a trial.
Downgrading Charges
In some cases, you may accept responsibility for a lesser offence than what has been alleged. For example, instead of contesting a robbery charge, you may agree to plead guilty to stealing if it better reflects the conduct involved.
We craft written submissions to the prosecution explaining why a lesser charge is appropriate, balancing your admission of responsibility with the principles of justice.
At WA Criminal Lawyers, we have successfully had hundreds of charges reduced through effective negotiation strategies.
Amending the Statement of Material Facts
The Statement of Material Facts provided by the police outlines how they allege the offence was committed. This document forms the basis for sentencing, and discrepancies in the facts can significantly impact the outcome.
If you disagree with what is written in the statement of material facts, we can negotiate to ensure the statement accurately reflects your version of events. For example, you might agree that you assaulted a person by slapping them in the face but the material facts state that you punched the victim. We can negotiate with prosecution in an attempt to have the material facts changed to substitute the punch with a slap.
Why Choose WA Criminal Lawyers?
Our strong track record in plea bargains make us well-equipped to handle your case. Whether it’s reducing the charges, amending facts, or securing the withdrawal of allegations, we are committed to achieving the best outcomes for our clients. We approach charge negotiations with persistence and determination, working tirelessly to turn an initial “no” from the prosecution into a “yes.”
