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Do I Know My Choices at Law?

What happens if you’re caught committing a criminal offence? Most people understand that the police will arrest you, take you to court, and let the Magistrate, Judge or Jury decide on your case. If you’re in that position you’ll need to hire the best criminal lawyers in your region to help defend you in court.

 

Unfortunately, many people facing criminal charges do not know that they may have certain choices in law.  . For instance, if you hire Rep-Revive Criminal & Employment Lawyers, you may have about five choices depending on the complexity and the stage  Your matter has progressed to

Why do you need choices in law?

Unfortunately most people only realise the importance of having options when their charged with an offence. But before we enlighten you about the importance of choices in law, let’s highlight some choices in law that may apply if you’re charged with a criminal or traffic offence.

Negotiation

You may be able to choose to make representations/negotiations with the police or Director of Public Prosecution to your advantage. However, this is an arduous process that demands experienced lawyers since it can easily give your case and/or defence away  . That’s why you’ll need a solid and experienced team like Rep-Revive Criminal & Employment lawyers to make representations on your behalf.

Pleading not guilty

If you plead Not Guilty you will usually go to a trial in the District or Supreme Court or a defended hearing in the Local Court. Here the prosecution will outline your case and present evidence, including witnesses. Any person giving evidence at Court whether they are prosecution or defence witnesses   can be cross-examined.

 

The jury, Judge Magistrate then decides the case based on the available evidence it has heard in Court. If you’re found not guilty,   you case will be dismissed and your free to leave, but if you’re found guilty, the Judge or Magistrate will decide on your sentence.

Pleading Guilty

Pleading guilty has two further options For instance, if you plead guilty, to both to the elements of the offence(s) and the facts, you’ll face one of the many sentencing choices available to the court. These may include:;

●        Recording of conviction without any further penalty or

●        A fine;

●        A conditional release order without conviction

●        A conditional release order with conviction

●        A community correction order (CCO)

●        An intensive correction order (ICO)

●        Full-time imprisonment

 

Sometimes it may be in your best interest  to plead guilty as early as possible, especially when the prosecutor has strong evidence against you. Pleading guilty early in the proceedings allows the Court to give you a maximum discount for your remorsefulness and contrition to your offending.

 

Another option in pleading guilty is pleading guilty to only the elements of the offence(s) but disputing the facts the prosecution allege. This will then result in a disputed facts hearing, much like a trial you have the opportunity to present evidence that establishes the facts you say occurred. If the Court agrees the facts are amended and you are sentenced on those facts, but if you lose the original alleged facts remain and you are sentenced on the original police facts.

Diversion out of the criminal justice system

Another option that is available in the Local Court is the Magistrate discretion to divert you from the criminal justice system into a mental health treatment plan and/or mental health professional responsible for your treatment and care.   If this occurs the charges in the local court may then be dismissed after   12 months. Note different rules apply to matters in the District or Supreme Courts. 

 Why are Choices in Law important?

So you’re wondering why you need all these choices? Let’s explore some of the benefits of choices in law.

1.     Saves time

If you decide to ‘make a representation with the police or the Director of Public Prosecution, these negotiations could potentially be very time saving . This will benefit not only you but also the police, the prosecutor, your lawyers, and the judges.

 

Tip: If you choose to ‘make a representation with the police or the Director of Public Prosecution, make sure you hire the best criminal lawyer in Sydney. Rep-Revive Criminal & Employment Lawyers have made countless representations with the police and DPP in NSW and have the experience to handle your case skillfully.

2.     Saves money

Choices in law provide an opportunity to weigh all the possible options (presented by your lawyers) and to pick one that’s inexpensive. For instance, a defended court hearing and trial is an expensive process to go through  You must pay your lawyers to represent and defend you in court in all sessions.

 

On the other hand, a negotiated agreement is less expensive, and you’re likely to save costs. The case will be settled within a shorter period, reducing the expenses (travel expenses,  , paying lawyers, and more).

 

Pro tip: You need an experienced lawyer like Rep-Revive Criminal & Employment lawyers to advise you on the best choices of law and the right one for your case.

3.     Avoids litigation

Our choices in law provide different alternatives to settle a case. Your lawyer will tell you the pros and cons of each choice. If possible, they’ll use their experience to advise on the best course of action to take.  

Final word

Not all cases need to go to a defended or sentencing hearing in court. Knowing what choices in law you may have   gives you more options to deal with your case more effectively and save both time and cost. For instance, you can negotiate with the police or DPP or plead guilty early or not guilty and go to trial or hearing. Or explore the option of diverting your case out of the criminal justice system.

 

Some criminal lawyers will be aware of more choices of law than others. So if you want to save time, effort and money or avoid unnecessary court appearances, you should hire an experienced criminal lawyer in Sydney that knows all the law choices. Rep-Revive Criminal & Employment Lawyers are a professional legal team who will be with you in all the tough times. We are always in your corner. If you have a Criminal Law Matter please reach out to us for free first initial consultation to learn more about YOUR choices at law. 

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