Effective Defence Strategies That Your Criminal Lawyer in Melbourne Will Use

hands in a handcuff

For local defendants who have been accused and charged of a crime, they will need a certified criminal lawyer in Melbourne to stand in their corner.

These experienced practitioners will have the grounding and resources to go the extra mile for their clients, particular when the stakes are so high.

Some operators will prefer to go through the motions and apply the same strategies to each case, but the best solicitors will use effective methods that achieve consistent results for their Melbourne clientele.

Time to examine how a criminal lawyer in Melbourne develops their winning blueprint.

 

Gathering Direct Forms of Evidence

A criminal lawyer in Melbourne is well positioned when they are able to gather direct forms of evidence that supports their case. Whether it is to establish an alibi, support the characterisation of the accused or point to another party of interest in the case, evidence is key. This can range from passports and legal documentation to video, audio and photographic evidence, DNA testing, testimony and capturing a confession from a suspect. Any evidence that sees no inference and can be tested forensically, provided first hand and can be used in court will be beneficial to the cause. Anecdotal and circumstantial evidence will simply be offered as complimentary in this example.

 

Holding Private One-On-One Consultations

Keeping information private and confidential remains one of the core duties that a criminal lawyer in Melbourne will manage on behalf of their client. Ensuring that they do not speak with law enforcement without their presence or other parties who could be privy to the case, it is fundamental that the defendant understand their role and keep discussions behind closed doors. If the prosecution glean their state of mind and receive solicited information without their lawyer being privy to the details, that could place their case under jeopardy.

 

Negotiating With Prosecution Team

Depending on the severity of the charge and whether or not the client is a first time offender, a criminal lawyer in Melbourne will look to enter into discussions with the prosecution. Even if they are not willing to entertain a lower grade of charge, these talks can help to ascertain their posturing and allow the defence blueprint to take shape. Discussions can be ongoing as more facts present themselves, but having the capacity to come to the table in good faith is a great outlet to utilise for all concerned parties.

 

Identifying Errors & Inconsistencies With Prosecution

lawyer

When there is a lack of evidence or a line of argument from the prosecution does not exactly compute, it will be a strategy for the criminal lawyer in Melbourne to leverage those opportunities. From evidence that was illegally obtained to a witness that offered unreliable and unsupported testimony and testing that was not forensically certified, there are certain parameters that prosecutors have to follow. The lawyer in charge of defending the case will work diligently to keep these practitioners to this high standard.

 

Using Legislative Loopholes

Thankfully there are measures in place that a criminal lawyer in Melbourne can utilise that ensures a presumption of innocence is maintained for their client. From an arrest that was made while under the influence, when a party is claiming entrapment, when there is a claim of self-defence or there is an alibi that can prove where the defendant was at a particular date and time, these are all strategies that can be used at their discretion. The burden of proof does lie with the prosecution, yet there is still a need to source legal statutes that apply to the client’s own circumstances.

 

 

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