In the unfortunate event of being implicated in a criminal matter, it is highly advisable to seek legal assistance. Before you hire a criminal defence lawyer, you should ask yourself a few critical questions.
The lawyer you choose will guide you through every stage of your matter, so it pays to choose carefully. If you are unsure how a charge moves from arrest to a courtroom, our guide to understanding the Victorian criminal justice system explains the process step by step.
1. Is the Lawyer Qualified Enough to Take on This Case?
To practise law, you need to have the relevant qualifications. Lawyers are experts in different areas of law.
It would be worth your while to satisfy yourself with the following:
- Does the lawyer have experience in criminal law?
- How much criminal law experience does the lawyer have?
- Does the lawyer have a good name?
- Do they work for a firm with a good reputation?
- Has the lawyer obtained their qualifications from an accredited institution?
It is also worth asking who will actually appear for you in court. In Victoria, your day-to-day contact is usually a solicitor, and a barrister may be briefed to appear if your matter goes to a contested hearing or trial. Our explainer on the difference between a lawyer and a barrister breaks down who does what.
A good starting point is the firm’s own website. For example, you can read about Josh Smith, the principal lawyer of Josh Smith Legal, including his court experience and the types of matters he has acted in, before you ever pick up the phone.
2. What Is Your Lawyer's Opinion of Your Case?
There is no point in hiring a lawyer to take on your case if they do not believe that you have a chance at success. It's also pointless if they don't think that your sentence can be reduced due to mitigating circumstances.
You must ask the lawyer about the merits of the case. You should also request their professional legal opinion as to the likelihood of getting acquitted or the probability of getting the sentence reduced.
Pay attention to how the lawyer answers, not just what they say. An honest lawyer will explain both the strengths and weaknesses of your position. Be wary of anyone who promises a particular result before reading the brief of evidence. No ethical lawyer can guarantee an outcome in a criminal matter.
3. Should You Represent Yourself?
You might opt to represent yourself if the charges are not serious enough or if you cannot acquire a lawyer.
If you are not able to secure a lawyer to assist you in court, you can still request legal expertise on the following:
- Your charges and defence
- Court preparation
- What to take to court?
- How to present yourself to the Magistrate
If you choose to plead guilty, you will have to prepare before your court appearance. Given a criminal penalty's seriousness and long-lasting effects, representing yourself is inadvisable. However, if you choose this option, you should still get legal advice beforehand.
4. Is The Law Firm Affordable?
It is advisable to choose a law firm with a wealth of expertise at an affordable price. The best option would be to select a law firm with experience in criminal law. This firm should also charge reasonably, and finding a law firm that can guarantee both is optimal.
Before you sign a costs agreement, ask whether the firm charges a fixed fee or by the hour, what the quoted fee includes, and whether briefing a barrister or an adjournment would cost extra. A reputable firm will put its fees in writing and explain them without being prompted. Many criminal defence lawyers in Melbourne offer a free first consultation, which lets you test these questions before committing to anything.
5. Does Your Lawyer Feel Comfortable With Your Case
Given the legal complexity, time constraints, or mitigating or aggravating circumstances, a criminal defence lawyer may be reluctant to take on your case. You should ask the lawyer if they feel they are the best person to take on your case.
Can they devote the time and resources needed to ensure that your case will achieve the best outcome? The lawyer needs to give your chance all the time and attention required. While you are at it, ask how they will keep you informed. You should know who your main contact is and how quickly calls and emails are returned.
Red Flags to Watch For
Under pressure, it is easy to hire the first lawyer who sounds confident. Watch for these warning signs:
- Guarantees of a specific outcome, such as promising the charges will be dropped
- Vague or evasive answers about fees
- Little recent experience in the court where your matter will be heard
- Pressure to sign a costs agreement on the spot
Any one of these is a reason to slow down and compare your options.
What to Bring to Your First Meeting
Your first consultation will be far more productive if the lawyer can see the paperwork. Where possible, bring:
- The charge sheet and summons, or any paperwork the police gave you
- Your bail undertaking, if you were bailed
- Copies of any intervention orders or other court orders that apply to you
- Notes of what happened, plus any relevant messages, photos or witness details
Complying with every bail condition and court order is critical while your matter is on foot, because breaching a court order can be a criminal offence in its own right.
Why Acting Early Matters
The biggest mistake people make is waiting until just before their court date. Getting advice early means a lawyer can guide you before a police interview rather than after it, request the brief of evidence promptly, negotiate with the prosecution where appropriate, and gather supporting material well before your hearing. Early preparation gives your lawyer options. Late preparation usually leaves them managing damage.
Conclusion
You should get legal advice immediately if you are charged with a crime. Regardless of your guilt or lack thereof, having top-tier legal representation is of the utmost importance. Contact the experienced criminal defence lawyers in Melbourne for a free legal consultation.
