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Writer's pictureShaun Pascoe

The Role of Criminal Defence Lawyers in Melbourne

Updated: Dec 6, 2023

Criminal defence lawyers play an important role in the Melbourne legal system. They provide vital services to those who have been accused of a crime and ensure that they receive a fair trial. Without criminal defence lawyers, the system would not be able to function effectively.


The Role of Criminal Defence Lawyers in Melbourne

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What is the Role of a Criminal Defence Lawyer?


A criminal defence lawyer in Melbourne is responsible for providing legal representation to individuals who have been accused of committing a crime.


They work to protect the rights of their clients and ensure that they receive a fair trial. Their job is to investigate the case, gather evidence, and present a defence in the courts of Victoria.


In other situations, they may negotiate with prosecutors to get their client a lighter sentence.

How can a Criminal Defence Lawyer Help you?

If you are facing criminal charges in Melbourne, you will need the services of a criminal defence lawyer. A criminal defence lawyer can help you by:

  • Investigating the charges against you and gathering evidence to support your defence

  • Advising you on the best course of action to take

  • Negotiating with prosecutors on your behalf

  • Representing you at trial

  • Minimizing or avoiding penalties such as drivers’ license suspension or disqualification.

A criminal defence lawyer can make all the difference in the outcome of your case.


If you are facing serious charges, you need an experienced criminal defence lawyer who can fight for your rights and give you the best chance at a favorable outcome.

Common Defences used by Criminal Defence Lawyers?


There are a number of defences utilized by criminal defence lawyers in Melbourne in representing clients facing criminal allegations.


The availability of a defence will depend upon the particular facts of a case and may include:


Factual Dispute

This defence simply refers to the requirement that the prosecution must prove each element of the offence beyond reasonable doubt.


This in turn requires the prosecution to prove certain facts that support the elements. Often a defence will turn upon whether the prosecution can prove a relevant fact such as identity.

Self-defence

This defence can be used if the accused can show that they were acting in self-defence, and that their actions were reasonably necessary in order to protect themselves from harm.

Duress

This defence can be used if the accused can show that they were forced to commit a crime under threat of violence or death.

Mental Impairment

This defence can be used if the accused can show that they were suffering from a mental illness or impairment at the time of the offence which prevented them from understanding the nature and consequences of their actions.

Necessity

This defence can be used if the accused can show that they committed a crime in order to avoid a greater evil. For example, if someone is facing imminent death or serious injury, they may be able to argue that committing a lesser crime was necessary in order to avoid this greater harm.

Honest and Reasonable Mistake of Fact

This defence can be used if the accused can show that they mistakenly believed a fact to be true which, if true, would have made their actions lawful.


How to Find the Right Criminal Defence Lawyer


If you have been charged with a criminal offence, you will need to find a good criminal defence lawyer to represent you in court.


This is not a decision that should be made lightly, as the lawyer you choose will have a significant impact on the outcome of your case.


Final Thoughts on the Role of Criminal Defence Lawyers


Without criminal defence lawyers, Melbourne would be a very different place. These lawyers play an important role in ensuring that people accused of crimes have a fair chance at justice, and they work tirelessly to protect the rights of their clients.


If you or someone you know has been charged with a crime, it is important to seek out the services of a qualified and experienced criminal defence lawyer as soon as possible.


With their help, you can ensure that your case is handled fairly and that you have the best possible chance of achieving a favorable outcome.

We can help. We pride ourselves on getting the best results for our clients by providing high quality advice and court representation. We service all courts and jurisdictions in Melbourne, and regional Victoria.


To better understand your situation, we offer a free initial case assessment, and fixed fees for representation at Court. If you intend to secure the best outcome for your situation, simply call our office on (03) 9668 7600 or book an appointment through our website.

Call us for urgent expert advice (03) 9668 7600

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