Negotiations in Criminal Matters in South Australia

At Dewar Legal we believe in resolving criminal matters by negotiation whenever possible. It is not the case that every criminal charge has to proceed to a stressful and expensive trial, the outcome of which is uncertain. We often negotiate with prosecution in order to have charges reduced or dropped completely.

The following table sets out examples from recent months in which we have successfully negotiated a good outcome for our clients:

Client Charge Outcome
H Assault Charge dropped following negotiations – problems with prosecution identification evidence
B Assault Charge dropped following negotiations – problems with prosecution theory of joint criminal enterprise
R Aggravated assault Charge dropped following negotiations – problems with prosecution identification evidence
E Stalking Charged dropped following negotiations – deal struck to enter into intervention order in exchange for dropping criminal charge
B Property damage Charge dropped following negotiations – deal struck for client to pay minor costs of damage in exchange for dropping charge
T Drink driving Charge dropped following negotiations – technical problems with breath analysis procedure
G Indecent assault Charge dropped following negotiations – credibility problems with complainant and not in the public interest to pursue the charge
P Assault Charge dropped following negotiations – deal struck to enter into intervention order in exchange for assault charge being dropped
E Assault causing harm Charge dropped following negotiations – problems with credibility of complainant, lack of corroborating evidence
N Blackmail, Indecent Filming Charge dropped following negotiations – deal struck to enter into intervention order and consent to the destruction of certain electronic storage media in exchange for withdrawal of charge
K Property damage; Assault police; Refusing to give name to police All charges dropped following negotiations – deal struck to pay costs of minor damage in exchange for withdrawal of charge
R Cultivation of cannabis intending to sell Charge dropped following negotiations – prosecution evidence insufficient to link client to offending
P Indecent assault Charge dropped following negotiations – problems with credibility of complainant

Negotiations should be conducted carefully and only via a lawyer. Engaging in negotiations can be risky. For example, the negotiations may not succeed and you may achieve nothing except for tipping the prosecution off about your defence, allowing them to more fully prepare their case against you or to plug holes by obtaining new evidence. Negotiations with prosecution should be conducted carefully and with the benefit of full legal advice. Some matters are simply not suitable for negotiation.

If you have been charged with a criminal offence, call Dewar Legal on (08) 8311 3964 or contact us by clicking here. We offer a free first interview and payment plans. We can help you apply for Legal Aid.