Clients who are in need of representation with criminal lawyers in Sydney will have their own conceptions and attitudes about these professionals before engaging them.
Having watched some high profile television series and motion pictures, charged individuals might believe that these operators are miracle workers who will bend the law to suit their case.
Before anyone has a solicitor assigned to them or obtains one through the correct channels, it is wise to know a few key facts about how criminal lawyers in Sydney work in the real world.
Criminal Law is a Diverse Field
The first fact that clients should understand about criminal lawyers in Sydney is that these professionals and their firms cater to a variety of case profiles. There is not one type of case that constitutes their inclusion as a client could be charged for any number of crimes in this instance:
There will be categories that legal representatives specialize in, revolving around sexual offences, violent cases, offences against property or against a person or persons.
Pleas Are Far More Common Than Trials
Unless there are extenuating circumstances or the charges are not commensurate with the facts of the case, criminal lawyers in Sydney will strongly advise their client to settle for a plea deal. Trials are costly exercises as the legal system has to dedicate personnel and set aside time in the courtroom for these events to take place. A plea deal can be made to lower the charges and to progress a matter to a satisfactory conclusion.
Prosecutors and Defendants Rely on Evidence to Build Case
The art of influence is a practice that prosecutors and defendants will utilise when operating as criminal lawyers in Sydney, but it is evidence where cases are won or lost. From direct sources of evidence including DNA testing, CTV footage and witness testimony, to circumstantial evidence including documentation or secondhand witness testimony, these are the building blocks that legal representatives will use as tools. They will be the assets that define how a judge or jury is influenced to make their decision. The opposition on the other hand will look to either poke holes in the direct and indirect evidence, or use it as leverage as the foundation of their argument.
Actual Guilt is Never a Consideration
Criminal lawyers in Sydney won’t ever quiz their client about whether or not they are guilty of the crime they have been charged. It is clearly the role of the prosecutor is to convince a judge or jury that they are in fact guilty beyond a reasonable doubt. The burden of proof happens to lie with the prosecution as the defence has the inherent advantage. Yet a solicitor’s task is never to question their client even behind closed doors as to their guilt or innocence, as their role is to simply apply the facts of the case and build the argument in their favour.
Lying is Avoided At All Costs
If criminal lawyers in Sydney act in a courtroom with knowledge of their client’s guilt and proceed to make false statements, they are liable for those actions. This is the rationale behind never asking about their guilt because theories and arguments cannot be falsified. Representatives that are found to fall foul of these laws face fines, disbarment and worse depending on the level of collusion that was discovered between both parties. The same can be said for defendants that knowingly hide evidence that they know would damage their case, a tactic that is illegal and viewed in a similarly poor light legally.