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If you are not guilty you must say so.
If you plead guilty you will be convicted without a trial as a guilty plea means you accept everything the prosecution has said.
Where I think you may be getting confused is over the automatic reduction in sentence for a guilty plea. If you ARE guilty and plead guilty to save a trial you get 1/3 off what ever sentence you are given.
If you are not guilty you must say so.
If you plead guilty you will be convicted without a trial as a guilty plea means you accept everything the prosecution has said.
Where I think you may be getting confused is over the automatic reduction in sentence for a guilty plea. If you ARE guilty and plead guilty to save a trial you get 1/3 off what ever sentence you are given.
this is to do with a question I have asked before under
lilacben
What Sort Of A Sentance Could Be Given To Someone Who Has Never Been In
my freinds SIL has been told to plead guilty to arson and he says it never did it....plus it wasnt pointed out on the night it happened but within two weeks later...when he had to report to the police station the first time..
supposed to go to court this friday gone but something hasnt been issued , dont know what, but the court is getting fed up with the delay... I think it is something to do with this arson question.. they was given so many weeks to put it onto the case in the first place but hadnt been done by a certain date .. think this is what the hold up is?
lilacben
What Sort Of A Sentance Could Be Given To Someone Who Has Never Been In
my freinds SIL has been told to plead guilty to arson and he says it never did it....plus it wasnt pointed out on the night it happened but within two weeks later...when he had to report to the police station the first time..
supposed to go to court this friday gone but something hasnt been issued , dont know what, but the court is getting fed up with the delay... I think it is something to do with this arson question.. they was given so many weeks to put it onto the case in the first place but hadnt been done by a certain date .. think this is what the hold up is?
This is a straight C&P from a site (link below) I have seen similar explanations before.
//By far more defendants plead guilty than not guilty, and there are benefits to doing so.
The defendant will have had a disclosure of evidence from the prosecution before the trial, so he will know what evidence they have. He will also more than likely have a solicitor or barrister who will advise him if a guilty plea is better than a not guilty plea.
The benefit of a guilty plea for the victims and witnesses are that they don't have to attend court or be cross-examined at all, so a guilty plea can save these people a harrowing experience. It also saves the court time and money, money which will have come from the public purse.
This saving of time and money by confessing guilt is often rewarded. In English courts a defendant who pleads guilty can expect a sentence more lenient than if he had pleaded guilty, up to a third reduction. The attraction is obvious. If you get a custodial sentence it will be shorter. If you get a fine it will be less.
The length of sentence can be important in the future. A short sentence may be considered "spent" in a few years. A longer one may never be considered spent and could hang over you and affect your employment chances for life.//
https:/ /uk.ans wers.ya hoo.com /questi on/inde x?qid=2 0120131 003713A AN0Bns
I presume he has admitted to entering the house, but is denying the setting fire to the furniture? That may be part of the reason - he needs to discuss this fully with his lawyer.
//By far more defendants plead guilty than not guilty, and there are benefits to doing so.
The defendant will have had a disclosure of evidence from the prosecution before the trial, so he will know what evidence they have. He will also more than likely have a solicitor or barrister who will advise him if a guilty plea is better than a not guilty plea.
The benefit of a guilty plea for the victims and witnesses are that they don't have to attend court or be cross-examined at all, so a guilty plea can save these people a harrowing experience. It also saves the court time and money, money which will have come from the public purse.
This saving of time and money by confessing guilt is often rewarded. In English courts a defendant who pleads guilty can expect a sentence more lenient than if he had pleaded guilty, up to a third reduction. The attraction is obvious. If you get a custodial sentence it will be shorter. If you get a fine it will be less.
The length of sentence can be important in the future. A short sentence may be considered "spent" in a few years. A longer one may never be considered spent and could hang over you and affect your employment chances for life.//
https:/
I presume he has admitted to entering the house, but is denying the setting fire to the furniture? That may be part of the reason - he needs to discuss this fully with his lawyer.
Here's lilac's earlier question - it seems there is more involved overall http:// www.the answerb ank.co. uk/Law/ Questio n139690 6.html
and I think this is the first one http:// www.the answerb ank.co. uk/Law/ Crimina l/Quest ion1364 779.htm l
having now read the history of this, your friend has already admitted the crime which is very minor. If the story is as your profile shows I do not see how the defendant can try to say they did not do it.
They should plead guilty it will only be a short community service sentence.
They will get 1/3rd off for the guilty plea.
They should plead guilty it will only be a short community service sentence.
They will get 1/3rd off for the guilty plea.
You get a reduction in sentence if you plead guilty at the earliest opportunity.
and so yes if you say not guilty and are found guilty you sort of get a third more ( that is no reduction )
For your sister in law's friend - he doesnt feel guilty but as his lawyer says things are looking bad. Clearly he doesnt need advice from us but to do as the lawyer advises