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 Re:what do I tell the probation officer (Posted on: 2012-07-31 14:54:39)
A competent href=\"http://www.thelawpages.com/legal-directory/Chambers.php\">barrister would not advise anyone to plead guilty to an offence that they did not commit and the burden of proving the guilt of the defendant lies on the prosecution - not for the defendant to prove his/her innocence. Before sentencing a PSR will assist the court with the background of the defendant and any insight and remorse the defendant shows concerning his/her actions can influence the sentence given. If your friend did not commit the offence then clearly this will not be the case. If your friend says he/she is guilty of a lesser offence, it may be that they are confused as to the offence they have pleaded to. They should contact their solicitors. It may be that your friend has pleaded guilty to the correct offence but feels his/her actions were made less serious due to other factors. These factors can be the basis for mitigation in the matter and they should discuss these factors with their legal team
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what do I tell the probation officer (Posted on: 2012-07-29 22:32:06)
My friend has been adviced by his barrister to plea guilty as if the case went to trial, he would defenitely get a custodial sentence as he did not have no solid evidence that he did not commit the crime. Now he has to go to a probation officer for a pre- sentence report. Does my friend tell him/her that he is not guilty, but said he was guilty to get a lesser sentence? Or when he/she asks him why he did the crime, does he \"play\" along and make something up?? Any help would be greatly apriciated!!!
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