The job of a criminal lawyer in Perth is to defend all of their clients to their fullest potential. This involves making use of the legal safeguards available to you. They must also develop a plan of action for their client, do legal research and investigation, collaborate with the prosecutors, and defend their client’s case. However, what exactly do criminal lawyers Perth do?
Contrary to popular belief, criminal lawyers in Perth represent people from all socioeconomic backgrounds. In fact, its customers include taxi drivers, tradesmen, celebrities, CEOs, bankers, directors, corporations, and working parents.
In this article, we will talk more about what criminal law is, what criminal lawyers do, and why and when we would need their services.
What is Criminal Law?
Criminal law refers to the legal framework that governs the sentencing of criminals. It does, however, determine whether alleged offenders are guilty or innocent.
There is a significant difference between the authority of police personnel with unlimited resources and those with constrained resources. And that is why the prosecutors must show that any allegation is true beyond a reasonable suspicion.
Moreover, eliminating it would allow people to be judged guilty based on insufficient evidence or evidence that is allegedly untrustworthy. There have been numerous cases in which a supposed victim or witness has offered false testimony in court due to a blunder or an ulterior motivation of vengeance.
Such evidence can be enough to suggest that the accused individual committed the claimed crime. If this was the standard of evidence for assessing a person’s guilt, a person who was otherwise innocent might be found guilty of a crime with life-altering consequences.
What Does a Criminal Defense Attorney Do?
The criminal lawyer’s job is to examine the evidence used by the police and point out any flaws in its credibility and trustworthiness. They must ensure that any untrustworthy police evidence is not used against their client.
For instance, an innocent person could be judged guilty and sentenced to prison if the evidence is not thoroughly contested. That is why you should employ a competent criminal defense attorney who is also a certified criminal justice expert.
Criminal Lawyer’s Ethical Obligations
The Legal Profession Uniform Law Australian Solicitor’s Conduct Rules in 2015 regulates the criminal defense lawyer’s ethical obligations. They impose a range of requirements on all lawyers. The primary responsibility of a criminal defense lawyer in Perth is to the judicial process and the court.
However, there are additional responsibilities, which include:
- To serve to the client’s best advantage in any issue in which the lawyer defends the client.
- To be truthful and respectful in all transactions while working as a lawyer.
- To provide legal services as competently, diligently, and quickly as feasible.
- To ensure that his or her dignity and professional independence are not jeopardized in any way; and
- To follow the Solicitors’ Code of Conduct and the law.
Why Do We Require Criminal Defense Attorneys?
Criminal lawyers are required since everyone should have the right to their own legal counsel. This is also known as entitlement to due process of law. This does not, however, imply everyone should have an entitlement to a state-funded attorney. Rather, if they can afford legal assistance, they have the right to choose their own lawyer.
This principle has societal implications as well. The resources available to a state prosecuting a crime are virtually limitless. Unrepresentative of an accused person would create a tremendous power imbalance and could result in a miscarriage of justice.
Furthermore, the court may be confronted with an uncertain legal issue. Different interpretations of the law may be advanced and fundamental legal principles established if both parties were well represented. In some situations, an accused individual may appear to be guilty until a professional criminal defense lawyer examines the facts and shows that their client has a realistic chance of being innocent.
Those who make admissions can, in fact, be completely innocent. They could be acting under duress, panic, or to protect someone else, or they could be trying to appease the cops so they can be released on bail. Besides, false police confessions are a widespread occurrence, according to numerous research.
Also, according to a recent review of case law, only 14 percent of child sexual abuse complaints in family court were judged to be true. A parent was determined to be purposefully deceptive in around half of the child abuse complaints.
Criminal defense attorneys also serve as a crucial check on the police’s growing powers and bogus accusations against defendants. Overzealous policing and the criminal justice system’s injustices against particular groups of individuals have been well established. Moreover, those good criminal lawyers will be able to preserve their clients’ interests while also directing those who have committed crimes toward appropriate programs to treat the underlying reasons for their crimes.