Criminal lawyers have a challenging yet rewarding job. They are not only in charge of defending and representing an accused person in court. They also ensure that their client’s legal rights are protected.
Every criminal lawyer performs other essential functions on behalf of their clients.
If you are keen on how criminal lawyers work, read on.
What Is a Criminal Lawyer?
A criminal lawyer is a lawyer that specializes in criminal law and represents a person charged with a criminal offense. These lawyers are also tasked to do the following.
- Protect the fundamental legal rights of the accused
- Test the evidence provided by the police
- Â Assist the courts in determining the reliability of the evidence presentedÂ
Due to the nature of their job, a criminal lawyer is the best source of advice and guidance when facing complex criminal charges or cases. Also, they are the most qualified when it comes to the representation of individuals accused of committing crimes when they need to appear in court.
What Are the Types of Criminal Lawyers?
A criminal lawyer in Sydney and other parts of Australia can be of two types:
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Prosecution Lawyers
A prosecution lawyer specializes in criminal law and represents the State and the police. They take charge of all the procedures and requirements needed to prosecute those charged with committing crimes. The prosecution lawyer also ensures that justice is achieved by ensuring that the accused gets punished for their crimes.
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Criminal Defence Lawyers
A criminal defence lawyer also works with criminal law and handles the representation of individuals charged with committing crimes. Their primary duty is to defend the rights of the accused and make sure that these are honored throughout the legal proceedings.
Aside from representing clients, criminal defense lawyers can also specialize to become criminal appeal lawyers or drink driving lawyers.
What Are the Roles of a Criminal Lawyer?
Criminal lawyers’ roles vary according to their specialization.Â
Prosecution Lawyer
- Examines the police evidence
- Works closely with administrative staff and caseworkers
- Communicates with the police, various law enforcement agencies, probation services, and other criminal justice agencies
- Communicates with the crime victims
- Ensures fair treatment of the accused individuals
- Presents the case in court
- Advises and instructs the court counsel
Criminal Defence Lawyer
- Represents the defendant in the entire criminal prosecution process
- Represents the defendant during a police investigation
- Provides all the necessary advice to clients (by phone or in person)
- Takes part in all the research, investigation and planning matters
- Drafts legal documents
- Liaises with defendants
- Reviews the case documents:
- Police reports
- Forensic reports
- Medical records
- Witness statements
- Creates an accurate, compelling and complete defense for the accused
- Represents and appears in court regularly
- Communicates with the prosecution for the following
- Negotiates to have the charges against the accused dropped or downgraded
- Conducts case conferences (for serious allegations)
- Serves the evidence and/or reports to relevant parties
How to Become a Criminal Lawyer in Australia
To become a criminal lawyer in Australia, you must have completed the following.
- An L.L.B Bachelors of Laws degree from a Juris Doctor (J.D.) School or a University law school (undergraduate or postgraduate)
- A Graduate Diploma in Legal Practice that involves the completion of a Practical Legal Training (P.L.T.) as a requirement for admission into practice
- Attendance in the admission ceremony wherein one is sworn in as a lawyer by the Supreme Court. This serves as a requirement before one is allowed to practice as a lawyer and perform some roles, such as appearing in court and giving advice to clients.
However, a newbie is also required to undergo the supervisory phase, which involves performing legal functions under the supervision of a principal lawyer for a certain period. Before attaining the unrestricted practicing certificate, this phase takes place and allows a lawyer to practice without supervision.
How Much Is the Cost of Hiring a Criminal Lawyer in Australia?
It is quite difficult to assess the exact cost of hiring a criminal lawyer in Australia due to many factors.
You have to lay down the type of charge and the complexity of the case. Consider also the level of experience of the criminal lawyer and the quality of legal representation he can provide.Â
For heads up, we can only assume a range based on the hourly rate.
A criminal lawyer in Australia ranges $300 to $800 per hour. The lawyer’s fee for a non-complex sentence usually costs between $1,650 and $3,300 for a single appearance in a local court. On the other hand, a single appearance in a district court for a straightforward case is about $3,300 to $6,600.
The hourly fee is based on the seniority and experience of a criminal lawyer. It’s intuitive that a junior lawyer receives the lowest hourly rate and the highest rate for seasoned ones.
What Are the Other Factors Affecting a Criminal Lawyer’s Fees?
Aside from the level of experience and the quality of the service provided, the following factors affect criminal lawyers’ legal fees.
- Simplicity or complexity of the case
- Seriousness of charge
- The level of court where representation is needed
- Addition of a criminal defence barrister
Conclusion
Understanding criminal lawyers’ jobs and the legal process is very useful. This will help you deal with the challenging situation you might encounter when accused of committing a crime.Â
Crimes are in many forms, that’s why you need the expertise of defense lawyers. They are your best chance to achieve the justice you deserve.
It is best to have a reliable criminal lawyer or an established law firm to call for help when the need arises.
