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.