Criminal law in Australia covers a wide area of legal concerns and it is a system of laws that deal with criminal offenses of all categories. Whether it is traffic offenses or complicated criminal offenses, it is always wise to have a professional lawyer on your side. It can be very daunting for people in Burwood to deal with legal matters and that is why Burwood defense solicitors come in to assist. Go To Court is one of the most reputable law firms in Australia that provide a wide range of services to assist people in comprehending and dealing with their legal issues.
What is Criminal Law?
Criminal law deals with crimes that are deemed to be wrong to society. This branch of law in Australia ranges from minor offenses including theft to major offenses including assault or murder. Criminal law on the other hand is different from civil law in that while the latter deals with two parties in a conflict, the former has the state taking an individual or a group of people to court for violating the law. If found guilty, the accused could be subjected to penalties which include fines, imprisonment among others.
Australian criminal law is a little bit complicated due to the fact that it is a federal system with both federal and state laws. Every state has its own criminal laws though there are some similarities especially for the heinous crimes such as drug trafficking, sexual assault or terrorism. In criminal cases, the onus of proof is always on the prosecution and this means that the state has to provide evidence that the defendant committed the crime in question “beyond reasonable doubt. ”
The Role of a Defense Solicitor
A defense solicitor is a very important figure in a trial since he or she is responsible for the protection of the accused’s rights. As soon as a person is charged, the defense solicitor takes over to advise, to appear in court on behalf of the accused and to ensure the best possible result. This could include bargaining for a plea bargain, disputing the admissible evidence or presenting a robust defense in a trial.
Criminal charges are serious matters that require the defendant to seek the services of a lawyer as soon as possible. This is where a firm like Go To Court becomes invaluable This is where a firm like Go To Court becomes invaluable. They provide initial consultation through phone and in-person interviews, which enables the client to know what is legally possible and what is legally available to him or her from the onset of the case.
Types of Criminal Cases in Australia
In Australia criminal cases are categorized as either summary or indictable offenses. Summary offenses are minor and are usually tried in the Magistrates’ Court. Some of the summary offenses include; assault, unruly conduct or even traffic offenses. These cases do not normally take long to be concluded, and most of the penalties are usually in form of fines or community service.
On the other hand, indictable offenses are more severe criminal acts such as sexual assault, armed robbery or trafficking in drugs. These cases are normally tried in higher courts such as the District or Supreme Courts. Criminal offenses are more severe and are punishable by law by way of fines, imprisonment or even death, depending on the type of crime; indictable offenses have severe consequences such as long jail terms. In such occasions, the presence of a competent and experienced defense solicitor is very important in order to explain the intricacies of the trial process and ensure that the rights of the defendant are protected.
Understanding Legal Defenses
In criminal law, a legal defense is a reason presented by the defense solicitor against the case presented by the prosecution. A good defense solicitor will look for defences in the facts of the case and come up with possible defence. Some of the most common defenses in Australian criminal law include:
- Self-defense: This is where the defendant will stand and say that he committed the crime in order to defend himself.
- Mental impairment: This defense is used when the defendant was not in a position to appreciate the nature of the act he was involved in.
- Duress: The defendant may defend himself by saying that he was compelled or threatened into committing the crime.
- Mistake of fact: Sometimes the defendant may want to defend himself or herself by stating that they had a genuine misunderstanding of the facts of the case.
The type of defense that is to be adopted depends on the facts of the case and it is the role of the solicitor to decide which defense would be best suited for the case.
How to Choose the Right Criminal Defense Lawyer
Selecting the right defense solicitor can go along way in determining a favorable verdict in a case. You need a solicitor who has dealt with the type of criminal cases as yours and who is conversant with the Australian criminal law. Among the competitors Go To Court has a competitive advantage as a legal service provider that specializes in summary and indictable offenses in different states of Australia.
One of the most important aspects that should be taken into account when selecting a solicitor is the way he or she communicates. Lawsuits are complex, and you should work with a lawyer who will be able to explain what is going on in the simplest manner possible and keep you updated on what is happening. Reputation is also crucial since one can find out the percentage of the law firm’s success in criminal cases and also read the experiences of other clients.
Conclusion
It is one of the most challenging experiences in life to be charged with a criminal case, but having a good lawyer can turn the tide. In Australia criminal law has a dual function of protecting the society and the individual and also to ensure that justice is done. Whether it is a simple traffic offense or a more serious charge, it is possible to get a competent defense solicitor like those at Go To Court.
The knowledge of the fundamentals of criminal law, the function of defense solicitors, and the significance of choosing the right lawyer will enable people to face their legal issues with more confidence and clarity.
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