The most satisfaction that a reliable criminal lawyer in Melbourne has when a case is won is not always about that ultimate determination handed down by a judge.
It will be reward for all of the planning, preparation and hard work that led up to that moment, crystalizing the effort into a ruling that lands in favour of the defence against the prosecution.
What benchmarks and processes do they have to follow to enjoy that moment?
Here we will outline some of these key benchmarks, discussing how a winning strategy transitions from the embryotic phase to a satisfying conclusion.
Establishing Provable Facts
It might be considered a basic task on paper, but it will remain a key challenge for a criminal defence lawyer in Melbourne – establishing provable facts. It will address the following:
- The who
- The what
- The where
- The why
- The when
Once this foundation has been set, it will be easier for formulate a blueprint between the solicitor and the client. From which points to emphasise before a judge or jury to which points to steer clear from, the provable facts are central to the entire planning of the case.
Securing Credible Witness Testimony
For a winning strategy to be successfully executed by a criminal defence lawyer in Melbourne, they will need to secure testimony from a credible witness. If they are deemed to have a conflict of interest, have a poor criminal history, an ailment or are not in a fit condition to offer their testimony before the court, then their personal account of an incident will come under further scrutiny. A solicitor in this field will need to secure an individual who can stand up to cross-examination without proving to be an asset for the prosecution, a tough challenge in certain circumstances.
Obtaining Physical Evidence
To catch the prosecution on the hop and to secure a tangible advantage, it is always best practice for a criminal defence lawyer in Melbourne to obtain physical evidence pertaining to the alleged crime. From a police report to bank records, DNA testing, fingerprint analysis or evidence of tampering by another party, these are forms of direct evidence that can help to support types of circumstantial evidence. If there is too much reliable on circumstantial conjecture and accusations, then the case will be reliant on their personal credibility rather than the substance of their allegations or defence.
Determining Judge History and Criminal Precedent
While there will be laws that ultimately determine how a judge rules in a criminal case, it is beneficial for a criminal defence lawyer in Melbourne to study their history and understand precedent with similar cases. How lenient or strict are they with instances of abuse, drinking driving, white-collar crime, violent crime or property crime? How likely are they to push for an early plea or issue restraining orders? What is the precedent for other defendants from Melbourne in recent history? To develop a winning strategy, legal representatives need to have a good gauge for this background before proceeding with confidence.
Establishing Weaknesses & Inconsistencies With Prosecution
The plaintiff will have the burden of proof resting on their shoulders and this is a fact that a quality criminal defence lawyer in Melbourne will be able to leverage to their advantage. From inconsistencies in the argument of the prosecution to facts that cannot be substantiated and even deadlines and hearings that are poorly attended, everything has to be on the table.
There will be a myriad of different approaches and philosophies that are evident between one criminal defence lawyer in Melbourne and another. This is a city that has encountered their fair share of criminal cases, but justice must be upheld at all times in these instances. If they adhere to these strategies, they will be well positioned to convince a judge or jury of their client’s case.