WHAT IS CRIMINAL LAW?
Criminal law is a branch of law that deals with actions or behaviours that are considered harmful to society as a whole. It encompasses the rules and statutes that define crimes and their punishments.
Criminal law governs offences such as murder, theft, assault, fraud, and other actions deemed illegal by the state jurisdiction.
Its primary purpose is to maintain public order, protect individuals and property, and uphold justice by punishing those who violate established laws.
Criminal law typically involves a prosecution by the government against an individual or entity accused of committing a crime.
HOW DOES CRIMINAL LAW IMPACT AN INDIVIDUAL?
Criminal law is one of the most powerful tools that a state can use to exert control over individuals. It provides an avenue for the state to restrict individual conduct and behaviour, either to prevent harm or to address existing harms.
However, it's crucial to acknowledge that in certain instances, the criminal law can also inflict harm itself. Therefore, it requires careful consideration to prevent its misuse, ensuring it aligns with principles of justice and human rights.
CRIMINAL LAW
WHAT TO DO WHEN FACING A CRIMINAL CHARGE?
Facing a criminal charge can be a daunting experience, but it is crucial to remain calm and take the appropriate steps to protect your rights. The general guidelines to consider are:
① Seek Legal Representation
One of the most important steps is to hire and seek advice from a qualified criminal defence lawyer. A specialised criminal lawyer can provide guidance, explain your rights, and advocate on your behalf throughout the legal process.
② Understand the Charges Against You
Take the time to understand what you are being charged for. A criminal defence lawyer can help simplify the intricacies of the law, making it easier for you to comprehend the situation.
③ Exercise Your Rights
You have rights guaranteed by the constitution, such as the right to remain silent and the right of speaking to a lawyer. Exercise these rights and avoid discussing the case with law enforcement or others without receiving advice beforehand.
④ Gather Evidence and Supporting Information
Your lawyer will provide advice and steps to gather any evidence or information that may support your defence. This may include documents, witness statements, health assessment reports, traffic offenders program completion letter, or other relevant materials.
⑤ Execute and Follow Legal Procedures
Depending on the circumstances of your case, your lawyer may advise you to consider plea options, such as pleading guilty to a lesser charge in exchange for a reduced sentence.
If your case goes to trial, work closely with your lawyer to prepare your defence strategy. This may involve gathering witnesses, preparing testimony, and presenting evidence in court.
It is essential to comply with all legal procedures and court appearances. Failure to do so can result in additional penalties or consequences.
OUR ROLE AS CRIMINAL LAWYERS
The primary role of a criminal lawyer is to offer legal advice to their clients, explaining the charges they are facing, the associated potential outcomes, and the legal process options ahead.
At Sydney Defenders, we provide a FREE initial consultation, designed to offer insight into your legal rights and choices, while also allowing us to evaluate how we may assist you.
Other significant responsibilities we undertake involve conducting independent investigation that surrounds our client’s case. This can include gathering witness statements, reviewing police reports and charge sheets, and even engaging the services of experts from varying disciplines such as doctor, psychologist and counsellor.
Additionally, we act as advocates for our clients in court, ensuring their interests are protected to secure a fair hearing. This may involve cross-examination, presenting evidence, and making legal submissions in court. This is essential to upholding justice and preventing wrongful convictions of innocent individuals.
We also engage in negotiations with prosecutors, which is a crucial process in criminal defence practice. During these negotiations, criminal lawyers strive to have charges dismissed or reduced, or to reach a plea agreement that results in a more desirable outcome for our clients.
We explore alternative resolution strategies such as plea bargaining and diversion programs. This process plays a pivotal role in assisting our clients in avoiding prolonged court proceedings and or minimising the outcomes of their charges.
Most importantly, keeping our clients informed is critical to help alleviate any stress and anxiety stemmed from uncertainty about the legal process. We ensure to keep our clients aware of the charges, potential consequences, any changes and progress of the case. This contributes to the high level of client satisfaction at Sydney Defenders.
RECEIVE LEGAL ADVICE
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