What Happens If You Plead Not Guilty but Are Found Guilty at Trial?

Choosing whether to plead guilty or not guilty is one of the most important decisions in any criminal case. If you plead not guilty and are found guilty at trial, you will be convicted, sentenced, and usually lose the sentence reduction for an early guilty plea.

Before deciding whether to plead guilty or not guilty, contact our Criminal Defence Solicitors in London on 0203 959 7755 for expert legal advice tailored to your circumstances.

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What Does It Mean If You Plead Not Guilty and Are Found Guilty?

If you plead not guilty and are later found guilty at trial, you will be convicted and sentenced by the court. Unlike an early guilty plea, you will generally not receive a sentence reduction, which may result in a more severe sentence.

If you are convicted after trial:

• You receive a criminal conviction.
• The court proceeds to sentencing.
• You will not receive credit for an early guilty plea.
• Your solicitor can still present mitigation to reduce your sentence where appropriate.

A guilty verdict can have serious consequences for your future. Speak to our Criminal Defence Solicitors in London on 0203 959 7755 to discuss your defence and legal options before trial.

What Happens After a Guilty Verdict at Trial?

Once a guilty verdict is delivered, the court moves to sentencing. Depending on the circumstances, sentencing may take place immediately or be adjourned for further reports.

Following a guilty verdict, the court may:

• Convict you of the offence.
• Hear submissions from the prosecution.
• Consider the mitigation presented by your defence solicitor.
• Sentence you immediately or adjourn the case.
• Request a Pre-Sentence Report before sentencing.

Will You Receive a Sentence Reduction If You Are Found Guilty After Trial?

No. If you plead not guilty and are convicted after trial, you will generally not receive the sentence reduction available to defendants who plead guilty at the earliest opportunity.

Important points:

• Early guilty pleas can receive up to a one-third reduction.
• Conviction after trial usually receives no sentencing discount.
• The court sentences you using the full Sentencing Council guidelines.
• The final sentence depends on the seriousness of the offence and your personal circumstances.

What Factors Will the Court Consider When Sentencing You?

The court considers the seriousness of the offence, sentencing guidelines, aggravating and mitigating factors, and your personal circumstances before deciding the appropriate sentence.

The judge or magistrates will consider:

• The seriousness of the offence.
• Harm caused to the victim.
• Your previous convictions.
• Whether there are aggravating factors.
• Any mitigating circumstances.
• Your level of remorse following conviction.
• Sentencing Council guidelines.

What Is Mitigation and Can It Reduce Your Sentence?

Yes. Even if you are found guilty after trial, your solicitor can present mitigation to help the court impose the most appropriate sentence.

Mitigation may include:

• Previous good character.
• Personal circumstances.
• Genuine remorse.
• Employment and family responsibilities.
• Mental health or medical issues.
• Steps taken towards rehabilitation.

Although mitigation cannot remove a conviction, it may reduce the severity of your sentence.

What Is a Pre-Sentence Report?

A Pre-Sentence Report (PSR) is prepared by the Probation Service to help the court decide the most appropriate sentence.

The report may include:

• Personal background.
• Criminal history.
• Risk of reoffending.
• Suitability for rehabilitation.
• Recommendations for sentencing.

The court may adjourn sentencing until the report has been completed.

What Sentences Can You Receive If You Are Found Guilty at Trial?

If you are found guilty after trial, the court can impose a fine, community order, suspended sentence, or immediate imprisonment depending on the seriousness of the offence.

Possible sentencing outcomes include:

• Fines: Usually for less serious offences.
• Community Orders: Including unpaid work, rehabilitation programmes, curfews and treatment requirements.
• Suspended Sentences: A prison sentence suspended for a specified period, subject to compliance with conditions.
• Immediate Custody: Prison for the most serious offences where custody is justified.

Will You Have to Pay Court Costs If You Are Found Guilty?

Yes. If you are convicted after trial, the court may order you to pay prosecution costs as well as the statutory victim surcharge.

You may be ordered to pay:

• A contribution towards prosecution costs.
• A victim surcharge.
• Compensation to a victim, where appropriate.
• Financial penalties ordered by the court.

The amount depends on your financial circumstances and the nature of the case.

Can You Appeal If You Are Found Guilty at Trial?

Yes. If you are convicted after trial, you have the right to appeal your conviction, your sentence, or both, depending on the circumstances.

Appeal options include:

• Magistrates' Court convictions
  • Appeal to the Crown Court.
  • The case is heard again by a judge and magistrates.
• Crown Court convictions
  • Appeal to the Court of Appeal.
  • Permission is normally required.
  • You must have valid legal grounds for appeal.

A criminal defence solicitor can advise whether an appeal has a realistic prospect of success.

Does Pleading Not Guilty Make Your Sentence Harsher?

Pleading not guilty does not automatically result in a harsher sentence. However, if you are convicted after trial, you will usually lose the sentence reduction available for an early guilty plea, meaning your sentence may be longer than if you had pleaded guilty earlier.

Key points:

• You are entitled to plead not guilty.
• The court cannot punish you simply for exercising your right to a trial.
• The difference in the sentence usually reflects the loss of guilty plea credit rather than an additional penalty.
• Every sentence must remain fair and proportionate under sentencing guidelines.

Why Should You Speak to a Criminal Defence Solicitor Before Pleading Not Guilty?

Before deciding your plea, a criminal defence solicitor can assess the evidence, explain your legal options, and advise on the likely outcome if your case proceeds to trial.

Our criminal defence solicitor can help by:

• Reviewing the prosecution's evidence.
• Identifying weaknesses in the case.
• Advising whether a trial is in your best interests.
• Negotiating where appropriate.
• Preparing your defence.
• Presenting strong mitigation if you are convicted.

Speak to Criminal Defence Solicitors in London Today

If you have been charged with a criminal offence and are considering pleading not guilty, obtaining legal advice before your trial is essential. The decision you make could affect your sentence, criminal record and future.

Our experienced Criminal Defence Solicitors in London provide expert advice and representation at both the Magistrates' Court and the Crown Court.

Call Moeen & Co. Solicitors 0203 959 7755 today for urgent legal advice before entering your plea or attending trial. Early legal representation can make a significant difference to the outcome of your case.