Best Criminal Defense Lawyers in Australia

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Francis Legal
Hornsby, Australia

Founded in 1988
25 people in their team
English
ABOUT OUR FIRMFrancis Legal is a law firm characterised by experience, diligence and affability. Our lawyers strive to achieve the best results for their clients at reasonable prices.Our firm was founded by Joseph J. Francis, an accomplished lawyer admitted to the legal profession in 1988. His...
Oxford Lawyers
Parramatta, Australia

Founded in 2012
English
Oxford Lawyers stands out among Australian law firms for its exceptional expertise in criminal justice. Specializing in criminal law, the team comprises highly skilled barristers and attorneys with a proven track record of securing favorable outcomes in complex cases. Their broad-ranging legal...
Dandenong, Australia

Founded in 2014
English
Pentana Stanton Lawyers, established in 2014, is a full-service law firm with offices in Melbourne and Dandenong, Australia. The firm offers a comprehensive range of legal services, including family law, criminal law, commercial litigation, employment law, and estate planning. Their team of...
David Laschko
Melbourne, Australia

Founded in 1984
2 people in their team
English
About UsDavid Laschko Criminal Lawyer, established in 1984, is a boutique law firm offering expert legal advice and representation in all areas of criminal law.We are centrally located in the heart of the Melbourneโ€™s legal precinct, a short distance from the courts.David Laschko is the principal...
Karlos Lawyers

Karlos Lawyers

1 hour Free Consultation
Melbourne, Australia

Founded in 2022
2 people in their team
Arabic
Croatian
English
Founded by Marin Karlos in 2022 and built upon the belief that when things go wrong, or when a person requires legal assistance, they deserve excellence; they deserve realistic, straight-forward, tailored legal advice and strategies executed in a timely, efficient, and effective manner. The...
NR Barber Legal
Perth, Australia

Founded in 1984
25 people in their team
English
Dr Neville Barber (Principal) & TeamSupported by a strong and capable team, Neville Barber is an experienced advocate and Perth Criminal lawyer. Neville was admitted in 1984 and has practised in a variety of legal areas since then.Neville has two law degrees, an MBA, and a Ph D in mental health...
Di Lizio & associates
Hurstville, Australia

Founded in 1989
2 people in their team
English
Welcome to Di Lizio & AssociatesWe are a leading boutique legal firm conveniently located in Hurstville CBD. Our experience extends across a wide variety of legal fields including:Family Law and De Facto Relationships,Commercial Leases,Buying and Selling of...
Barbaro Thilthorpe Lawyers
Adelaide, Australia

Founded in 2012
5 people in their team
English
Our History Barbaro Thilthorpe Lawyers was established in 2012, by Frank Barbaro and Ben Thilthorpe, specialists in criminal law. Recognising clientsโ€™ increasing need for representation in other, specific areas of law, Barbaro Thilthorpe Lawyers expanded their practice to include family law,...
HHG LEGAL GROUP
Perth, Australia

Founded in 1919
200 people in their team
English
About usWe are an Approved Quality Practice (Law Society of Western Australia) and are proud of our reputation for commitment to client service focusing on the needs of private clients, WA businesses and Government agencies. We achieve excellent results for our clients, and as a medium sized...
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About Criminal Defense Law in Australia

Criminal defense law in Australia governs how individuals charged with crimes are prosecuted and defended in court. This field of law is designed to ensure that every accused person has the right to a fair trial and that their legal rights are protected throughout the legal process. Defense lawyers play a crucial role in advocating for the accused, challenging evidence, and negotiating with prosecutors. The legal system in Australia is based on common law traditions, influenced by British legal history, and includes both state-specific laws and federal legislation.

Why You May Need a Lawyer

There are many situations where someone might require legal assistance in the field of criminal defense. If you have been charged with a criminal offense, regardless of its seriousness, legal representation is crucial to understand the charges and potentially mitigate legal consequences. Common situations include:

  • Arrest for suspected criminal behavior
  • Receiving a court summons for a criminal offense
  • DUI (Driving Under the Influence) charges
  • Accusations of domestic violence
  • Being suspected or investigated for white-collar crimes
  • Juvenile offenses
  • Facing penalties such as fines or imprisonment

In these scenarios, a lawyer can provide valuable guidance, represent you in court, and work toward the best possible outcome for your situation.

Local Laws Overview

Criminal defense in Australia is shaped by both Commonwealth laws and state and territory-specific legislation. Key legal aspects include:

  • Presumption of Innocence: This is a fundamental principle where individuals are considered innocent until proven guilty.
  • The Right to Silence: Accused persons have the right not to incriminate themselves.
  • Legal Representation: Everyone has the right to legal representation and to a fair trial.
  • Types of Offenses: Criminal offenses are categorized into summary offenses (less serious) and indictable offenses (serious crimes).
  • Sentencing Laws: Sentencing is guided by legislation and case law to ensure consistency and fairness.
  • Bail and Remand: Specific regulations determine whether an accused will be held in custody or released on bail before trial.

Frequently Asked Questions

What is the role of a criminal defense lawyer?

A criminal defense lawyer represents and advises individuals charged with criminal offenses, ensuring their rights are protected and advocating for the best legal outcome in court.

Do I need a lawyer if I plan to plead guilty?

Yes, even if you plan to plead guilty, a lawyer can help negotiate plea deals, potentially reduce charges, and ensure the sentence is fair and just.

What happens if I cannot afford a lawyer?

In Australia, individuals who cannot afford legal representation may be eligible for assistance through legal aid services provided by the government.

How are juvenile crimes treated differently?

Youths are typically dealt with in the juvenile justice system, which focuses more on rehabilitation than punishment compared to the adult system.

Can police question me without a lawyer present?

In most situations, you have the right to remain silent or request legal representation before and during police questioning.

What should I do if I am arrested?

Itโ€™s crucial to remain calm, ask for legal representation, and exercise your right to remain silent until you have spoken to a lawyer.

How long can I be held in custody?

The maximum time police can hold you for questioning varies, but generally, you must either be charged or released within a reasonable timeframe.

What are summary and indictable offenses?

Summary offenses are minor crimes dealt with in lower courts, while indictable offenses are serious crimes that may be tried in higher courts.

Can I appeal a conviction or sentence?

Yes, if you believe a legal error influenced your trial or sentencing, you may have grounds to appeal to a higher court.

What is a plea bargain?

A plea bargain involves the defendant agreeing to plead guilty to a lesser charge in exchange for a lighter sentence or other benefits.

Additional Resources

For more information and assistance, consider contacting the following resources:

  • Legal Aid Commissions in each state and territory
  • Local Bar Associations for referrals to criminal defense lawyers
  • Community Legal Centers for free or low-cost advice
  • Australian Human Rights Commission for information on rights

Next Steps

If you seek legal assistance in criminal defense:

  1. Contact a qualified criminal defense lawyer to discuss your case and options.
  2. Consider reaching out to a legal aid service if you require financial assistance.
  3. Gather all relevant information and documentation related to your case for your lawyer.
  4. Ensure you understand your rights and any legal timelines or requirements.
  5. Follow your lawyer's advice and prepare adequately for court appearances or legal proceedings.

Remember, seeking prompt legal advice can greatly affect the outcome of your situation.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Criminal Defense, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Australia โ€” quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.

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