When faced with criminal charges, individuals often find themselves in a highly stressful and overwhelming situation and their first thought is I need a Criminal Lawyer near me. This is where the expertise of criminal lawyers becomes indispensable. In NSW, just as in any other part of the world, criminal lawyers play a crucial role in the legal system. They are dedicated to ensuring that individuals accused of criminal offenses receive fair legal representation. In this blog post, we will explore the essential roles and responsibilities of criminal lawyers, shedding light on their role.
One of the primary responsibilities of criminal lawyers is to provide legal advice and guidance to their clients. When someone is accused of a crime, they may be unaware of their rights, potential consequences, and the legal process. Criminal lawyers step in to educate and inform their clients about their rights, the charges they are facing, and the available legal options. They assess the strength of the prosecution case and provide valuable insights to help clients make informed decisions.
Criminal lawyers are skilled in evaluating the details of a case, including evidence, witness statements, and the circumstances surrounding the alleged offence. Through this process, they may identify weaknesses in the prosecution’s case and put forward any applicable defences that aims to protect the client’s interests. This might involve liaising with the prosecution to have charges reduced or dismissed altogether through the process known as making representations.
One of the most visible and critical roles of criminal lawyers is to represent their clients in courts. They advocate on behalf of the accused, ensuring that their legal rights are upheld and that they receive a fair trial. This includes presenting exculpatory evidence, cross-examining witnesses, and making compelling submissions that supports their client’s case.
Negotiating with Prosecution
In many cases, criminal lawyers work to negotiate charges and pleas with the prosecution. This involves reaching an agreement where the accused agrees to plead guilty to a lesser or alternate charge or a set of agreed facts is presented on sentence. Criminal lawyers can often secure negotiated pleas where the prosecution evidence does not raise to the level where an alleged criminal offence would be proved but does raise to the level where a lesser or alternate offence would be proved.
If a client pleads guilty or is convicted, the court will sentence the offender. In NSW the sentencing process involves consideration of relevant common law and legislative principals, and criminal lawyers play a vital role in the process. They can present material in mitigation of sentence which will be considered by the Court as part of the sentencing synthesis. This may include medical/psychological evidence, evidence of remorse, rehabilitation which the Courts will consider. More information on the current sentencing options in NSW can be accessed here.
After a Court has passed sentence, a criminal lawyer can also advice on any merits or prospects of appeal to a higher court. If you or someone you know is facing criminal charges, contact Blacktown Criminal lawyers office of AMA Legal for a free confidential consultation.