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There are few more stressful things in life than being charged with an offence. If you’ve been accused of a crime, it’s important to know how to choose the right lawyer for your case.
This blog will provide practical advice for choosing a criminal defence lawyer who will support you in your corner and work with you.
After all, when you face losing your licence, reputation, or even your liberty, you want someone you can trust.
Is this your first time needing to seek legal advice? It can be tricky to start with, so let’s highlight what you need to know.
According to the Legal Profession Uniform Law Application Act 2014 (Vic) (‘Uniform Law’), only lawyers can legally represent you. It is important to research when looking for legal advice! How do you know a criminal lawyer is qualified for the job?
Check a practitioner or law firm’s business history by browsing their website or reaching out to former clients for insight on cases. See if they have experience in:
Check out your local Law Society to be pointed in the right direction, or visit the Legal Services Board and Commissioner website. This retains a register of lawyers and disciplinary action. For example, you can see when a lawyer was admitted, if they are under supervision and if they have been subject to disciplinary action. You can also make enquiries about what action was taken and how long ago.
Criminal law is always changing in Parliament and before the courts, so it is recommended not to go with a general lawyer but an expert criminal defence lawyer (their primary area of practice) for legal representation.
An experienced legal practitioner can secure you the best possible outcome, whereas a general may not understand the complexities of your criminal charge.
If you need legal assistance, you want a criminal defence attorney who has a great track record. Never choose a lawyer who promises a favourable outcome at the first meeting. If police have just interviewed you, charged, and given a Brief of Evidence, a lawyer can not guarantee the outcome you’re hoping for. Have a look at a solid May Lawyers case study:
Our client had been charged and remanded in custody with arson, burglary, and numerous other offences. He also breached a Community Corrections Order and had a significant criminal history. A lot of our client’s offending was due to serious drug addiction.
Through our connections with a residential drug and alcohol rehabilitation clinic, we were able to secure him a place in a 3-month, in-patient program. At the bail application, we called evidence from the clinical director of that program who explained to the Magistrate the treatment he would be provided if he bailed there.
We also cross-examined the police informant and were able to cast doubt on some of the more serious charges.
The Magistrate was satisfied that the rehabilitation clinic mitigated any risk. He was granted bail with conditions to complete the program.
Our client completed this program, remained drug-free, and was placed on another Community Corrections Order.
Strong legal knowledge means understanding the Brief of Evidence, obtaining disclosure of materials in police possession, considering legal objections, strategising, and potentially consulting other experts.
Unless it is a basic case such as a first drink driving offence, a trustworthy lawyer will never make promises they cannot keep. A good lawyer will reassure you and not commit to any outcome until the facts have been thoroughly scrutinised.
Statistics for chances of success do not exist (for any lawyer), as criminal cases are not the same. Although you want to hear “not guilty” after a trial, this is not realistic for every case. Whether it be getting bail, a diversion, negotiating a plea deal, or avoiding a serious penalty, success rates are available in many forms.
A criminal defence lawyer must clearly express arguments and persuade the jury, present evidence effectively and connect with the judge. From speaking in court to negotiations, criminal cases have many layers, so precise and articulate communication is very important. What should a good lawyer understand?
Empathy and active listening. A lawyer should listen carefully to prepare a strong case. And with empathy, they put themselves in the shoes of their client, building trust and showing genuine care.
Comprehending complex legal landscapes. A criminal defence lawyer must use easy-to-understand language for every client. Legal terminology should be broken down so clients can understand all options on the table.
Writing Legal documents. Lawyers must be precise and use clear, persuasive language so the reader follows without confusion. The writing is direct and makes a complex legal problem more accessible.
Negotiation and persuasion. Lawyers need to present arguments clearly, address disagreements calmly and professionally, and ultimately maintain respect in high-pressure situations.
Do you want to gain a better understanding of legal expertise and quality of work? Here are some questions you can ask your criminal defence lawyer.
For more information, have a read of the top questions to ask a drug offence lawyer in Melbourne!
Protecting your rights shouldn’t come with unexpected costs. A criminal lawyer advertises services, but many don’t always advertise fees. Before instructing a lawyer to act for you, ask for an estimate of the total cost of the legal services.
Every lawyer must provide you with a cost agreement. This could include rates for each staff member, retainer amount, and costs for Court appearances. Read through this agreement, and don’t be afraid to ask questions. This costs disclosure statement needs to:
Before you arrange a meeting with a lawyer, review the cost of the initial meeting. Not all lawyers offer a free initial meeting, so you can arrange a full case assessment.
Where can you look to get the best legal advice and support for your matter? Whether you seek expertise in criminal law or family law, here are some online services:
If you don’t have the funds to pay for a lawyer, low-cost and free legal support services are available, such as:
When you’re preparing for your first meeting with your lawyer, it is helpful to:
Worried about a potential criminal offence and need guidance? Have a read of preparing for your first meeting with a criminal lawyer!
Are you looking for a competent lawyer who comprehends the legal process, offers effective communication, and helps you make an informed decision on a criminal matter?
Whether you need legal aid for traffic offences, criminal trials, or bail applications, May Lawyers is a criminal lawyer servicing South Eastern Suburbs, Northern Suburbs, and Western Suburbs across Melbourne.
We understand that the disputes facing you, your family, or your business can seem daunting. With over a decade of experience in criminal law, May Lawyers have the legal expertise, compassion, professionalism and dedication to achieve the result you’re looking for.
As one of the few recognised by the Law Institute of Victoria as an Accredited Specialist, Will May brings a decade of experience to criminal law.
If you’re looking for a Criminal Lawyer in Frankston, Moorabbin, Heidelberg, Dandenong, or Ringwood, we are available 24/7 to discuss your case. Contact us today at 0415 582 404, email will@maylawyers.com.au or call us for a consultation.