What to Expect from a Criminal Lawyer
/If you are facing criminal charges in Queensland, seeking legal representation from an experienced criminal lawyer is essential. A lawyer can help protect your rights, explain the legal process, and develop a defence strategy tailored to your circumstances.
Overall, there are four key ways effective criminal defence representation can help you in a criminal case:
1. Legal Advice
The criminal law process is very overwhelming and foreign to most people. Your lawyer will communicate with the police and the prosecutor to ensure you do not say anything to them against your interests.
The lawyer has direct means to request the necessary material on your behalf, and in a criminal case, this starts with a Qp9 (Queensland Police Form 9), which summarises the allegations and the evidence against you. After the Qp9 is received, the case can be adjourned to request the full brief of evidence which contains all of the evidence the prosecutor relies on, such as witness statements, police interviews, CCTV, and forensic reports.
The lawyer will extensively examine the evidence and the options (such as pleading guilty, not guilty, or negotiating with the prosecutor). They will also advise the prospects of these options and the likely penalties.
Even if you believe you are guilty of the charge, effective legal representation can still help you by:
Ensuring that the police have enough evidence to prove the charge. You are innocent until proven guilty;
Negotiating any factual basis or a reduction of charges which could make a difference in the penalty;
Preparing sentencing submissions to the court to argue the least penalty. This could mean a difference between serving time in prison, a conviction being recorded, or a licence disqualification.
2. Legal Research and Case Preparation
Criminal cases often involve complex legal issues and require extensive preparation. A criminal lawyer can conduct legal research, review evidence, and prepare legal arguments on your behalf. They can also gather evidence and interview witnesses to build a strong defence strategy.
3. Representation in Court
A criminal lawyer will speak on your behalf at court. You will usually not need to say or do anything in court when you are legally represented.
They can cross-examine witnesses on your behalf, and argue your case before a Judge and jury. Due to experience, a criminal law can anticipate in advance as to what arguments will likely be persuasive to a court, and prepare submissions that will be most persuasive in achieving your desire outcome.
4. Support and Guidance
Facing criminal charges is a stressful and overwhelming experience. Proceedings can be lengthy with some cases lasting two years or more.
A criminal lawyer will support you through the difficult process so that you are confident that you are making the right decisions for your circumstances. It will also be your option to plead guilty or not guilty, but a lawyer will give you advice about the options and the prospects.
They can also keep you updated on the progress of your case and answer any questions you may have.
If you are facing any criminal charges, contact our office to find out how legal representation from one of our highly experienced criminal lawyers can help you.
All articles on our website are of a general nature and should not be relied upon as legal advice. The information contained within, is accurate at the time of publication. If you require further information, advice or assistance for your specific circumstances, please contact us.
