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Preston Criminal Lawyers

Preston Criminal Lawyers
Our knowledgeable criminal law specialists are available to assist you whether you have been charged with a crime, are the subject of a police investigation for a suspected crime, or have had your bail request denied. You should be aware of your legal rights before speaking with the police or before going to court. A criminal attorney can maximise your chances of obtaining the desired result by outlining all of your choices for you.

Seeking bail in Preston
Your attorney can file a bail application on your behalf in court if the police have denied you bail. They will first speak with you about your living condition, criminal record, and the specifics of the allegations. Your lawyer may propose specific bail conditions to the court, such as living at a particular address, reporting to the police regularly, or abstaining from drugs and alcohol whilst on bail, to maximise your chances of being granted bail.
Understanding the charges
It is important to understand all the elements of every offence you have been charged with. Many offences have physical elements and a mental element as well (such as intention or recklessness).
A Preston criminal lawyer can go through the allegations against you with a fine tooth comb and identify any elements that may be difficult for the prosecution to prove.
Negotiating with police
In some situations, criminal lawyers can negotiate with the police to withdraw a charge or have it replaced with a lesser charge that more accurately reflects your level of wrongdoing. This can have a huge impact on both the penalty and the criminal record you end up receiving.
Assessing the evidence
A fundamental principle of criminal law is that it is up to the prosecution to prove you guilty of the offences. Your lawyer can assess the strength of the prosecution case, by reviewing the brief of evidence with you.
The brief of evidence will include witness statements and a copy of the police interview, if you participated in one. It may also include other evidence, such as CCTV footage, expert evidence and medical reports.
• Competence and Compellability of Witness
• Evidence Improperly Obtained: Bunning v Cross
• The Brown v Dunn Rule
• What does “Beyond a Reasonable Doubt” mean?
• What Happens During Cross-Examination?
• What Happens During Examination-in-Chief?
Deciding how to plead
If you have been charged with a criminal offence, specialist legal advice can help you determine whether you should be pleading guilty, or not guilty. It will also assist you to navigate your way the sometimes daunting, and complex criminal justice system.
Read More: Pleading Guilty and Representing Yourself
Preparing for court in a criminal law matter
If you decide to fight the charges, your lawyer will help you to prepare for a contested hearing or trial. They will summons witnesses for the defence and prepare to cross-examine the prosecution witnesses. If there is any evidence that appears inadmissible, they will seek to challenge it in a pre-trial proceeding known as a voir dire.
If you decide to plead guilty, you lawyer will prepare a plea in mitigation. They will obtain material in support of you to hand up to the court. This may include character references or medical reports.
• How to Avoid a Criminal Conviction in Australia
• Penalty Units Australian Law
Attending court in a criminal law matter
Your lawyer will attend court with you every time your matter is mentioned. Your matter may need to be adjourned one or more times until it is ready to be finalised.
If you plead guilty, your lawyer will make submissions in your defence, explaining how the offending came about and highlighting any mitigating factors. They will explain your circumstances to the court and recommend an appropriate penalty.
If you plead not guilty, your lawyer will cross-examine the prosecution witnesses, call witnesses in your defence and make submissions on the law.
Speak to our criminal law specialists today
• Federal Court Etiquette
• How To Give Evidence In Court
• Procedural Fairness During Sentencing
• What Is A “No Case” Submission?
• What Is A Judicial Bias?
What are general criminal offences under Australian criminal law?
General criminal offenses under Australian criminal law are offenses that are considered to be crimes under the laws of Australia. These offenses can include crimes such as theft, assault, drug offenses, and white collar crimes, among many others.
In general, criminal offenses in Australia are divided into two categories: summary offenses and indictable offenses. Summary offenses are less serious offenses that are typically punishable by fines or short periods of imprisonment, while indictable offenses are more serious offenses that can carry longer prison sentences.