Can You Negotiate a Plea Bargain in Melbourne?

If you’re facing criminal charges, you have probably heard the term "plea bargain" from American TV shows. This idea of a "deal" to get a lighter sentence is one of the most common questions we get, and for good reason. It represents a path forward—a way to gain some control over a situation that feels completely out of your control.

So, can it be done in Victoria?Yes, absolutely. In Australia, we don't call it a "plea bargain"; we call it "charge negotiation" or "plea negotiations."

This is not a secretive, last-minute deal in a judge's chambers. It is a formal, well-established, and crucial part of the criminal justice system in Melbourne. As one of the most powerful tools in a defence lawyer's kit, successful negotiation can fundamentally change the course of your case and your future.

This guide explains what charge negotiation is, how the process works at Burdon Legal, and what can be achieved for you.

Table of Contents

• "Plea Bargain" vs. "Charge Negotiation": What's the Difference?

• The 3 Main Goals of Charge Negotiation

  • Downgrading the Charge

  • Reducing the Number of Charges

  • Agreeing on the "Facts"

• The Process: How We Negotiate for You

  • Step 1: The Case Conference (Analysing the Evidence)

  • Step 2: Making "Representations" to the Prosecution

  • Step 3: The Prosecution's Response

  • Step 4: Your Decision (The Final Say)

• The Guilty Plea "Discount": A Separate, Powerful Benefit

• Why You Need One of the Best Criminal Lawyers for This

• Frequently Asked Questions (FAQs)

• Let's Discuss Your Strategy

"Plea Bargain" vs. "Charge Negotiation": What's the Difference?

The core idea is the same: resolving a case without a contested trial. However, there's one critical difference in Victoria: Lawyers cannot bargain for a specific sentence.

In the US, a prosecutor might offer "plead guilty to X, and we will recommend a 2-year sentence." In Victoria, a Magistrate or Judge always retains the sole discretion to impose the final sentence.

So, what are we negotiating? We are negotiating the foundation of that sentence. We negotiate the charges you plead guilty to and the facts the Magistrate will read. By changing this foundation, we can dramatically influence the range of possible outcomes.

The 3 Main Goals of Charge Negotiation

When we enter negotiations, we are typically fighting to achieve one of three key outcomes.

1. Downgrading the Charge

This is often the most significant win. We argue for you to plead guilty to a less serious charge in exchange for the more serious one being withdrawn.

• Real-World Example: You are charged with "Trafficking a Drug of Dependence," which is an extremely serious offence that carries a high risk of imprisonment. We analyse the evidence and see that the amount of drugs is small and there is no evidence of you selling (e.t., no scales, cash, or "tick" lists).

• Our Negotiation: We argue that the evidence only supports the much lesser charge of "Possession."

• The Result: The prosecution agrees. The trafficking charge is withdrawn, and you plead guilty to possession. The "sentencing range" has now moved from a potential jail term to a likely fine or community order.

  
  

2. Reducing the Number of Charges

It is common for police to "over-charge" a person, laying multiple charges for what is essentially one single event.

• Real-World Example: An argument in a bar results in charges of "Recklessly Causing Injury," "Intentionally Causing Injury," and "Unlawful Assault."

• Our Negotiation: We argue that these charges are "duplicitous" (double-dipping) and that the evidence only supports the single charge of "Unlawful Assault."

• The Result: The prosecution withdraws the two more serious charges. This is crucial because it looks far better on your record and shows the Magistrate that the offending was a single, isolated incident, not a violent spree.

3. Agreeing on the "Facts"

When you plead guilty, the Magistrate is given a document called the "Summary of Facts" (or "Summary of Offending"). This is the only story they will hear.

The police version is often written in the most dramatic, damaging language possible.

• Our Negotiation: We go through the summary line by line. We challenge parts that are not supported by evidence or are just subjective.

• The Result: We negotiate to have inflammatory words like "viciously attacked" changed to "struck." We have unproven allegations ("the accused was highly aggressive") removed. This "agreed summary" paints a much more objective and less damaging picture, which the Magistrate will use to decide your sentence.

The Process: How We Negotiate for You

This isn't a single phone call; it's a careful, strategic process.

Step 1: The Case Conference (Analysing the Evidence)

It all starts here. We don't negotiate until we have received and meticulously analysed the entire police brief of evidence. We sit down with you to get your side of the story. We identify the weaknesses in the prosecution's case—the flawed witness statement, the missing CCTV, the gap in logic. This is our ammunition.

Step 2: Making "Representations" to the Prosecution

We formalise our arguments in a written letter called "representations." This is a detailed legal submission sent to the prosecutor in charge of your file. It outlines:

• The legal and factual weaknesses in their case.

• The personal circumstances of our client (e.g., first-time offender, mental health issues).

• A "resolution offer"—our proposal for which charges should be withdrawn and which our client is prepared to plead guilty to.

Step 3: The Prosecution's Response

The prosecutor will review our letter, their own file, and the police. They will either:

• Accept our offer.

• Reject our offer.

• Make a counter-offer.

This can involve several rounds of back-and-forth negotiations, all of which we manage for you.

Step 4: Your Decision (The Final Say)

We will present any offer to you with our clear, honest advice. The final decision to accept or reject a plea negotiation is always yours. Our job is to give you the information and expert guidance to make the best possible choice.

The Guilty Plea "Discount": A Separate, Powerful Benefit

This is a key concept. Separate from any charge negotiation, the law requires a Magistrate to give you a "discount" on your sentence for pleading guilty.

Why? Because it saves the court the time, cost, and stress (for witnesses) of a contested trial.

The Earlier the Plea, the Bigger the Discount: A guilty plea entered at the very first court date gets a much larger discount than one entered on the day of a trial.

An expert Melbourne criminal lawyer manages this timeline for you. We often negotiate with the prosecution before your first court date, allowing us to get charges withdrawn and secure the maximum sentencing discount for an early plea on the remaining charges.

This "stacking" of benefits is how we achieve outstanding results.

Why You Need One of the Best Criminal Lawyers for This

Negotiation is an art, not a science. It is not about "knowing a loophole." It's about reputation, strategy, and skill.

The prosecution service in Melbourne deals with hundreds of lawyers. They know which firms are all talk and which ones are genuinely prepared to fight a case at trial.

When we, as one of the best criminal lawyers in Melbourne, make representations, the prosecutor knows two things:

1. We have meticulously analysed the brief and our legal arguments are valid.

2. If they don't accept a reasonable offer, we are fully prepared and capable of running a contested hearing and winning.

This reputation for being formidable in court is, ironically, what makes us so effective at keeping our clients out of one. You are not just paying for a lawyer; you are paying for their experience, their strategic mind, and the reputation they bring to the negotiating table.

Frequently Asked Questions (FAQs)

Q: If I plead guilty, does that mean I'm a "criminal"? Pleading guilty means you are accepting legal responsibility for an offence. It does not define you as a person. Our job is often to negotiate a plea to a lesser charge and then argue for a non-conviction outcome. This means even though you plead guilty, no criminal record is recorded against your name.

Q: What if the prosecution refuses to negotiate? This can happen, especially if the evidence is overwhelming or the charges are extremely serious. If a fair resolution cannot be reached, we will give you clear advice on your options, which include pleading "not guilty" and proceeding to a contested hearing or trial. You are never forced to take a "deal."

Q: Will negotiating my charges make me look guilty? No. It is a completely normal, confidential, and "without prejudice" part of the legal process. Anything said in a negotiation cannot be used against you in court if the negotiation fails. It is a smart, strategic move, not an admission of guilt.

QS: Can you get my charges dropped completely? Yes, this is always our first goal. If the evidence is simply not there, our "negotiation" will be a firm demand for all charges to be withdrawn, outlining exactly why a prosecution cannot succeed.

Conclusion: Let's Discuss Your Strategy

Charge negotiation is one of the most important and valuable services a criminal lawyer can provide. It's about turning a bad situation into the best possible outcome.

It moves your case from the realm of fear and uncertainty into the realm of strategy and control.

If you are facing charges, do not wait. The earlier we can intervene, the more ammunition we have and the more time we have to negotiate on your behalf.

For a confidential, no-obligation discussion about your case and the strategies we can deploy for you. Contact us today.