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Other Criminal Law

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 12 Jul 2015

I2. How a Lawyer Can Helpf you have been charged with any criminal offence it is important that you speak to a lawyer as soon as possible. A lawyer will assist you to understand the evidence against you and what your options are. A lawyer can explain what the charges mean and give you advice about whether you should plead guilty or not guilty. A lawyer can also assist you to prepare for the court hearing and represent you in court. You can use our free Find a Lawyer directory to contact a lawyer near you.

The criminal law is different in each state and territory. This means that each offence is worded differently and there are different penalties that apply. A lawyer from your state or territory can provide you with legal advice about how the law applies in your particular circumstances.

If you have been arrested or asked by police to attend the police station for a formal record of interview a lawyer can advise you about your legal rights on the telephone or in person. If you have been charged with a criminal offence a lawyer can provide you with advice about the offence you have been charged with and explain:

  • what the charge is;
  • what the police need to prove for you to be convicted (found guilty);
  • what the evidence against you is and the strength of that evidence;
  • whether you should plead guilty or not guilty; and
  • the penalties that may be imposed.

A lawyer can also represent you. This means they can:

  • appear on your behalf in any court hearing; and
  • enter into negotiations on your behalf with the police or prosecution.

An experienced lawyer can challenge the admissibility of all or parts of the evidence the prosecution seeks to rely on. This can result in the charges being dismissed because police do not have sufficient evidence.

If you have been convicted and sentenced for a criminal offence a lawyer can advise you:

  • what the consequences of the conviction might be;
  • exactly what your sentence or penalty is; and
  • what you need to do to comply with the court’s order.

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