The law surrounding criminal offences is very tricky. The criminal justice system in Melbourne operates according to some rigid and specific rules and regulations. Hence, it is difficult for laymen to understand how to proceed if they are wrongfully accused of a crime.
We understand that nothing is worse than being convicted for a crime you have not committed. In fact, false criminal charges can ruin your reputation and lead to complete career devastation. However, if you know your rights, you can successfully overcome this tough phase of your life. Armed with the right knowledge and the team of the best criminal lawyers in Melbourne, you can emerge victorious in your battle for justice.
Understanding the Criminal Justice System
After committing a crime, the police arrest or issue a summons to the individual in question. After this, the individual is made to appear in the Magistrate’s Court. This is the time when the apprehend can request a plea. If they have been wrongfully detained, they can deny all the claims against them and seek justice.
If the crime committed is minor, it is usually resolved in the Magistrate’s Court. However, for more serious charges, the case is transferred to the Country Court or the Supreme Court.
During the trial, the accused has the right to present their defence and challenge the charges by providing accurate evidence. They can also cross-examine the witnesses to build a solid foundation for their case.
In this situation, a criminal lawyer can help your case. They will help you choose the right defence depending on the current situations and charges that you are facing. Here are the common defences that criminal lawyers use:
- Self-defence: Self-defence is a jurisdiction that gives you the right to protect yourself or someone else from harm. To protect yourself with this jurisdiction, you must prove that the actions were extremely necessary to prevent harm or threat.
- Mental impairment: If you suffer from a mental illness or impairment, you can use this defence. Your lawyers will argue that your lack of mental capacity to think reasonably led to your action.
- Duress: This defence is used when you are forced or threatened by another individual, which leads to you taking action. Your lawyer has to prove that there was no other way to escape.
- Lack of intent: One of the essential elements of a crime is intent. So, if your lawyer can prove that you had no intent to commit the crime, you can be acquitted.
- Mistake of fact: Here, the lawyer has to prove that the crime was committed because of a reasonable lack of facts.
What Are My Rights During a Criminal Proceeding?
The Australian legal system ensures that your basic rights are protected at all costs. Here are the minimum rights that are guaranteed:
- You must be informed promptly and in full detail about the charges that have been made against you.
- You must be provided with sufficient time and facility to build your criminal defence case.
- You must be tried without any delays.
- You must be tried in your presence.
- You have the right to defend yourself or through the legal representatives that you have hired.
How Can a Team of Lawyers Help?
If there are any errors in the charges against you, you have the right to appeal and defend yourself, for which you need a team of reliable criminal lawyers. To choose the right lawyer, look for the following factors:
- Experience: The team of lawyers must have extensive experience in criminal law in Victoria.
- Reputation: They must have a strong reputation. To gauge their reputation, you can check reviews, seek recommendations, or ask for referrals from your family and friends.
- Communication skills: They must have excellent communication skills to help you understand complex legal proceedings.
Conclusion
You won’t be able to fight for your rights without a strong defence. For this, you will need a team of experienced lawyers who will help you build a strong foundation for your defence based on extensive knowledge, experience, and research.
Fight for your rights with confidence with a team of reputable lawyers by your side!
