Process

a

Right to silence – On arrest you have the right to silence, and the right to access a lawyer without delay. A police officer should explain this to you clearly, by reading you your rights on arrest. You have no obligation to provide a statement or to continue to speak with the officer after these rights are given to you. Always contact a lawyer and get advice.

b

I can advise the police that you are not willing to provide an interview or statement to the police during the investigation.

c

I am available to attend interviews at police stations - Me and my team are available to attend police interviews with you. These interviews can be scheduled. Interviews are not required to happen right after arrest. We can prepare you for an interview, help you write your statement and attend the interview with you.

a

Plea hearing – you appear in court to enter your plea to the charge/s. We provide you with advice ahead of this hearing with the evidence police have provided so far.

b

Deciding for a jury trial or judge alone – an important decision to make about who might decide your guilt/innocence at a trial – a judge or a jury.

c

Case review – this hearing is the court appearance after you enter a Not Guilty plea. We take the time at this point to assess any issues with the case or evidence, and we prepare a memorandum with the prosecutor on issues that will need to be dealt with by the judge at this appearance.

d

Trial call over – a brief scheduling hearing confirming pre-trial and trial dates.

e

Pre-trial hearings – we have an opportunity before trial to try and challenge procedural issues, to challenge evidence that may be prejudicial to you, seek orders for further disclosure from the police or other organisations, and to introduce expert evidence that will assist your case (these are examples of a few common pre-trial issues)

a

Jury vs Judge Alone Trial – We give all our client’s advice on which court (jurisdiction) their case should be heard in if it goes to trial. Some cases are better suited to being determined by a jury, and others are very legally technical and are better suited to being determined by a judge alone trial (JAT). This is a strategic decision, and one my team are I are very familiar with making. Each case is slightly different, so we tailor the advice specifically for you.

a

If you accept the charges against you, or if you are found guilty after trial, you will then be sentenced. We are here to support you throughout the entire process and will make the case to achieve the best sentencing outcome for you.

b

Depending on the nature of the charges we may be able to apply to the court for a s106 (a discharge without conviction).

c

We arrange for expert reports to be prepared to present to the court to support a better sentencing outcome.

a

If the judge or jury decided against you, then you may appeal to the next appeal court against the conviction.

b

You may also appeal against the length or type of the sentence.