I am guilty – But I don’t want to be prosecuted
If you’ve broken the law, it’s okay to feel regret — and it’s entirely natural to want to avoid the consequences of a mistake. But don’t let guilt stop you from defending yourself properly. The legal system in the UK recognises that people make errors, and it makes room for second chances. With the right legal team behind you, it's often possible to avoid prosecution, minimise the consequences, or get help and support instead of punishment.
We understand that facing criminal charges is one of the most stressful experiences anyone can go through — especially if you know you’ve done something wrong. But admitting guilt to yourself or to a solicitor doesn’t mean the case is over, or that you should simply accept prosecution without question.
Even if you are guilty, there may be legal options available to avoid prosecution, reduce the severity of the outcome, or steer your case towards a more positive resolution. Everyone deserves a fair chance, and that’s where expert legal advice becomes crucial.
Being Guilty Doesn’t Always Mean You’ll Be Prosecuted
In the UK, whether or not you’re prosecuted isn’t just about guilt. The Police and Crown Prosecution Service (CPS) follows a two-stage test before bringing a case to court:
Evidential stage – Is there sufficient evidence for a realistic prospect of conviction?
Public interest stage – Is it in the public interest to prosecute?
Even where someone admits guilt to their solicitor, the police may not have sufficient evidence to meet the threshold test, further, it may not always be in the public interest to pursue the case in court — particularly for minor offences, first-time offences, or where there are exceptional personal circumstances. A skilled solicitor will analyse the offence, evidence, ask the right questions and present your case to the police or CPS in a way that supports a decision not to proceed with a prosecution.
Out-of-Court Disposals May Be an Option
If you accept that you’ve done something wrong, but want to avoid going to court, there may be a number of out-of-court disposals available in England and Wales. These can include:
Cautions (simple or conditional) – Recorded but do not count as a conviction.
Community Resolutions – Often used for low-level offences and may involve an apology or compensation.
These are often used as alternatives to prosecution, especially if you show genuine remorse, cooperate with the police, and have no previous convictions. A solicitor can advocate for these outcomes on your behalf. It is important to note there is a criteria as to whether a case can be considered for an out of court disposal.
Early Legal Advice Can Change the Outcome
Engaging a defence solicitor early — ideally before any police interview — can be the key to avoiding prosecution altogether. At Kelly Blake Legal, we can:
Advise you during police interviews under caution
Liaise with the police and CPS to make representations on your behalf
Help secure an out-of-court disposal or diversionary outcome
Ensure your rights are fully protected
Even a voluntary police interview can lead to charges. Don’t go it alone — having legal representation sends a clear message that your case deserves careful consideration.
If You’re Charged, All Is Not Lost
If prosecution can’t be avoided, you may still have options:
Plea Negotiations: In some cases, we can negotiate for lesser charges or secure a favourable basis of plea.
Mitigation: We can present background factors that may reduce the seriousness of the sentence.
Community Orders or Suspended Sentences: Courts in England and Wales treat custody as a last resort. Depending on the nature of the offence and your personal circumstances, the court can impose a community order or suspend a custodial sentence — giving you the opportunity to stay out of prison and demonstrate positive change while remaining in the community.
The court system allows for leniency when appropriate — especially when people take responsibility and seek rehabilitation. Our job is to help the court see the person behind the offence.
Your Rights Still Matter — Use Them
Even if you’ve made a mistake, you still have the right to:
Access legal representation at the police station
A fair trial
Make representations before any decision to prosecute
Have your case properly considered
These rights are there to protect everyone, including those who are guilty. Don’t assume that because you’ve done something wrong, you don’t deserve help — you absolutely do.
At Kelly Blake Legal, we approach every case with discretion, compassion, and a strong commitment to protecting our clients. We don’t judge — we defend.
