lawyer-client handshaking
8 Oct

How a Criminal Defence Lawyer in Melbourne Builds a Case For Their Client

Luck is never a factor when it comes to the success experienced by a dependable criminal lawyer in Melbourne.

These trained experts have their own unique formulas and approaches in these settings, but they have to stick to certain practices to correctly build a case.

Here we will discuss exactly what it takes to craft a successful defence for a client who has been charged with a crime in a Melbourne court.

 

Gathering Direct Evidence

Direct forms of evidence make or break a case for a criminal defence lawyer in Melbourne. These materials establish facts – facts that even the prosecution won’t be able to dispute. This can range from DNA tests, eyewitness testimony, police reports, bank statements and credit history. If there are materials that can be scientifically tested by forensic specialists, there is audio or video of an incident, there is a paper trail or there is testimony from an individual who is proven to be at the scene, these factors are key to building a successful case.

 

Gathering Circumstantial Evidence

There are other forms of evidence that do not go to the extent of establishing a fact, but offer a degree of inferences that can be drawn. This is what is known as circumstantial evidence, elements that are still useful for a criminal defence lawyer in Melbourne to provide context. From an alibi who states that an individual is with them at a certain location at a certain point in time to a suspect being spotted close to the scene of a crime, these elements are helpful without being substantial.

 

Establishes Client Credibility

Should a criminal defence lawyer in Melbourne take on a case for a client who has no public credibility, then they are already fighting a losing cause. This will be irreparably damaging to their testimony and put into question other key forms of evidence that would otherwise harm their position. From allegations or past convictions of physical abuse, substance abuse or harassment, these examples won’t be beneficial in the eyes of a judge or jury. The solicitor will need to highlight their assets, including personal references, career history, credit history and their reputation with key members of the Melbourne community.

 

Identifies Prosecution Inconsistencies

Although the defence side of counsel will attempt every maneuver in the book to strengthen their case, a criminal defence lawyer in Melbourne will also look to identify inconsistencies in the prosecution. Given that they have the burden of proof on their side of the bench, it is necessary to outline to a judge or for jury members where their position falls flat, failing to establish a coherent line of argument from start to finish. Prosecutors can take a combative and aggressive approach to the case, but if they cannot sustain an adversarial nature without facts and a consistent line of argument, then their objective to find a conviction is likely to be wide of the mark.

 

Creating Contingency Plans

There will be occasions whereby a criminal defence lawyer in Melbourne won’t be able to set the agenda off their own accord. Once a response has been filed and motions are in play, there is a need to consider contingency plans that cover all bases. Much like the prosecution side of the bench, professionals and clients alike can be forced into something of a waiting game and they need to ensure they are ready to respond in a fashion that upholds the integrity of their position.

Building a successful case for a criminal defence lawyer in Melbourne is an exercise that requires skill, diligence and experience. Irrespective of the suspected level of guilt of the client, the burden of proof lies with the prosecution that has to prove guilt beyond a reasonable doubt. To achieve that objective, they will have to overcome a defence attorney who has followed these benchmarks.

 


gavel
4 Oct

How To Get A Family Lawyer In Sydney To Help You Legally When You And Your Spouse Don’t Want To Get Married In The First Place

What some people may find when they are looking for help is that they are laughed off the phone when they call family lawyers in Sydney when they aren’t actually married or are planning to get married. This is extremely unfortunate as good professionals will know that there are legal obligations even when two parties are in a long-term relationship even if they have not legally tied the knot. As this is the case, there are some savvy people out there who are looking to get ahead of any potential issues that may arise and who are wanting to learn more about what their circumstance means in the eyes of the law.

There are all sorts of reasons why people don’t want to get hitched and one of which is that people don’t want to break up down the track. Some people aren’t religious and so don’t believe in the constitution and others don’t like making a spectacle of themselves in front of a large crowd. And so, here is how to get reliable family lawyers in Sydney to help you legally when you and your spouse don’t want to get married in the first place.

 

People who don’t want to get married are able to approach a family lawyer in Sydney to see if there is some kind of legal documentation that they can use in order to protect themselves

One of the first things that people may be wondering when they have decided not to get hitched if is they are able to create some legal documentation that resembles a prenuptial agreement which will help prevent any nastiness in the future if they do happen to separate. While this documentation may not be as solid as a prenuptial agreement (which isn’t actually that solid at all in Australia) this still may be something that offers couples peace of mind moving forward. For instance, if they did happen to break up down the track then they could always both calmly go over the documentation and remember what they put in place.

When people are trying to find a family lawyer in Sydney to help with this, it can be helpful to send out a few emails that explain the situation and so see what professionals send back. Some may think that it is silly but others may understand that when two people have been together for over 2-years and they live together, that there are important legal obligations that come along with this.

 

People who don’t want to get married are able to approach a family lawyer in Sydney when they have decided to get married and want to make sure that their partnership suits them and their beliefs

What some people will find is that even when they don’t believe in marriage, they will end up deciding to do so because it is so much easier. For example, one person in the relationship may be ill and the other person may be having trouble acting on their behalf while they are unwell or getting access to their medical files. Others may have benefits that they receive in the workplace that they can only transfer on to their spouse in they actually tie the knot.

When people reach this stage they may want to work with a family lawyer in Sydney who can help them establish a modern day partnership when all of their money and possessions are still kept separately long term.