A criminal charge in Victoria may represent one of the most stressful events a person may have. It may be an assault case, a drug case, or even a traffic case, but the outcomes can have an impact on your liberty, your job, and your future. The Victorian criminal justice system is governed by complicated laws such as the Crimes Act 1958 and the Criminal Procedure Act 2009, and it can put you at a severe disadvantage when navigating without an expert.
It is here that a criminal lawyer is needed. An experienced criminal attorney is aware of the law that guides the process of laying charges, the handling of evidence, and the functioning of courts in the state of Victoria. In the Magistrates to the County Court and the Supreme Court, it can be the difference between a conviction and a favourable result to have someone who is familiar with the system.
What a Criminal Lawyer Does
The work of a criminal lawyer is more than merely being by your side in court. Their work commences when you need legal assistance and goes on until the end of your case. Their duties in the Victorian setting normally involve:
- Legal advice and case assessment: An evaluation of the charges brought against you, what your choices are, and whether to plead guilty or not guilty, depending on the strength of the evidence.
- Bail applications: Preparation and presentation of bail applications, including the discussion of the show cause and the unacceptable risk tests, as provided in the Bail Act 1977 of Victoria.
- Case preparation: Gathering of evidence, interviewing witnesses, expert reports and coming up with a good defence strategy that best fits your charges.
- Negotiation with prosecutors: It involves negotiating with the prosecution to have charges reduced, amended, or dropped when the evidence is on its side.
- Court representation: Submissions, cross-examination of witnesses and arguing during sentencing in a bid to secure the best possible result.
All these steps involve a thorough knowledge of Victorian criminal law and court practices. An experienced attorney will see to it that nothing is missed.
Why You Need a Criminal Lawyer on Your Side
It is dangerous to go it alone with the criminal justice system, no matter what the charges are. The reason why it is important to have a lawyer is the following:
- Protecting your rights: Police officers have to observe proper protocols when gathering evidence and conducting interviews. Any violations are pinpointed by a lawyer, and unlawfully acquired evidence is questioned.
- Navigating legal complexity: The criminal law of Victoria is complex, with layers of legislation and procedural requirements. A lawyer makes sure that all the deadlines, filing, and procedures are done properly.
- Safeguarding your freedom and future: The difference between a custodial sentence and a non-conviction order can come down to the quality of your legal representation. The existence of a criminal record has an impact on employment, travelling, and professional licensing.
- Avoiding self-incrimination: Accused individuals, unless advised by a lawyer, will tend to make statements to the police or in court that harm their interests. A lawyer will make sure that you know what to say and, more importantly, what not to say.
- Managing bail conditions: Bail and adhering to its conditions can be a complex issue. An attorney assists in the application and aids in comprehending your requirements.
Section 1.7 of the Victorian Charter of Human Rights and Responsibilities Act 2006 provides that every individual accused of a criminal offence is entitled to sufficient time and resources to develop a defence and to communicate with an attorney of his/her choice. The Victorian Human Rights Commission affirms that the protections are in effect as soon as charges are laid, which further supports the fact that it is important to find legal representation at the earliest stage.
Choosing the Right Lawyer for Your Matter
Criminal lawyers do not have equal experience or specialisation. To choose a lawyer in Victoria, it is worth considering their history of handling similar cases as yours, their knowledge of the court in which your case falls, and their readiness to discuss what is possible with you. Instead of promises that they cannot fulfil, a good lawyer would provide you with a fair evaluation of your case. They will also take time to elaborate on the process in simple language so that you feel knowledgeable and ready at all levels.
Conclusion
The future does not need to be determined by a criminal charge. Having the right criminal lawyer on your side means you have someone who will battle to defend your rights, question the prosecution’s case, and strive to achieve the best result according to Victorian law. When you are under arrest, the most valuable action you can take is to get legal counsel as soon as possible.
The post What a Criminal Lawyer Does and Why You Need One on Your Side first appeared on Tycoonstory Media.
Source: Cosmo Politian
