Whether you’ve been charged with a federal offence or simply run a red light, every Australian has the legal right to defend themselves in court.
There’s a general perception that only serious offences require the engagement of what can be expensive legal representation.
But even being convicted of a minor traffic offence can have serious ramifications, including difficulty finding an insurance, loss of licence and the registering of a criminal record.
In some circumstances, that can lead to loss of employment which may prove significantly more costly than a lawyer.
Engaging an experienced criminal lawyer in Adelaide can significantly reduce your chances of a negative outcome.
In some instances, people who choose to represent themselves may not only lose the benefits a lawyer offers, they may ultimately weaken their own case.
If you fall foul of the law in South Australia, it is wise to think quickly and clearly about your need for a lawyer.
Reasons to make the call to a criminal lawyer
There are many reasons to make the call and hire the services of a criminal lawyer in Adelaide.
Even if you believe you may be guilty of a crime, a lawyer may be able to significantly improve your position and outcome.
Here are the top reasons and when you should be making that call and hiring a criminal lawyer.
As soon as you are charged – the best time to call a criminal lawyer is before you incriminate yourself. A lawyer can advise you about how and whether or not to answer police questions that may help prevent you from facing a much more serious outcome.
If the charge is serious – when you face a charge that has the potential for serious consequences, be that jail time or other significant penalty, it’s best to seek professional help. At this point, there really should be no other consideration.
When the matter is complicated – some offences seem to be black and white, others not so much. Whenever there are mitigating circumstances or the waters are muddied, a criminal lawyer will help you understand the situation, significantly improve your position or successfully argue your case.
When the other party has a lawyer – if you’re thrust into a situation where another party has engaged counsel, even if they are seemingly an ally, it is best to also hire representation. This will guard against you placing yourself at a significant disadvantage because of another party’s position.
How can a criminal lawyer help?
Regardless of your innocence or intended plea, a criminal lawyer has many tasks aimed at gaining you a better result.
Importantly, they are there to ensure you are at all times afforded a fair trial and will defend or plead down any charges.
Their duties include:
- Negotiating with the prosecution to determine if the matter can be resolved without going to court.
- Searching for an alibi or other evidence which may acquit you, including proving someone else committed the offence.
- Searching for flaws in police evidence which may deem it inadmissible, hence improving your position.
- Analysing that same evidence to question whether it proves your guilt beyond reasonable doubt.
- Gathering testimonies and any other evidence for your defence.
Benefits of hiring a criminal lawyer
Hiring a criminal lawyer will help you share the burden of your situation by significantly reducing your stress and need to prepare your own defence.
While defending yourself may seem tempting, especially if funds are an issue, there are significant advantages to having professional counsel by your side throughout the entire process.
These include:
- Putting your best interests first at all times, before, during and after trial
- Presenting you bail application to help ensure you aren’t remanded in custody
- Negotiating with the prosecution in an endeavour to improve the outcome
- Making a public interest submission to have the charge discontinued
- Knowing and advising you what evidence could exonerate you and what evidence is likely to convict you
- Preparing you on how to answer questions in the courtroom
- Speaking on your behalf in court
- Informing you of all available defences and options in the event of a guilty verdict. This may involve a mental health plea or alternatives to jail time such as community service or a fine.
- Informing you of potential sentences in the event of a guilty verdict including mandatory minimum sentences, non-parole periods and the potential for an appeal.
Potential costs of *not* hiring a criminal lawyer
You may only get one chance to defend yourself and if you choose to go it alone, you expose yourself to a greater likelihood of a vast array of unpleasant circumstances.
These include:
- Being falsely or incorrectly charged
- Losing your driver’s licence that you need for work
- Being found guilty when you are innocent
- Being imprisoned when you are innocent
- Having a conviction recorded against you which could cost you your employment and significantly impact future job prospects
- Having your DNA recorded in a national database
Get help from a criminal lawyer in Adelaide today
Representing yourself is a very challenging and risky practice, even for minor charges.
By engaging the services of a lawyer, you will receive quality advice and stand to achieve a significantly better outcome.
It may even keep you out of jail.
You will also be guided through the entire process from start to finish and know what to expect every step of the way.
If you or someone you know wants more information or needs help or advice, please contact us on 0401 234 710 or email [email protected].
The information contained in this article is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a financial adviser.
Legal matters referred to on this website are of a general nature only and are based on Nicholas Boswell & Co Lawyers’ interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time.
Contact us now for a no obligations discussion about your needs.