In Australia, a murder occurs when you intentionally kill another person. People accused of murder charges often hire criminal lawyers to represent them in court. Below is a comprehensive guide on murder charges in Australia and how a criminal lawyer can help you win a murder charge.
More often than not, the police will arrest you once they suspect that you committed a murder. Therefore, your lawyer's first task is to help you secure police or court bail. You are not guaranteed bail for capital offences such as murder. However, your lawyer could use weaknesses in the prosecution's case to compel a judge to give bail. In most cases, the bail will come with strict conditions. For example, you could be asked not to leave your town. Alternatively, you could be forced to report to the police every few days.
The criminal lawyer will assess the facts of your case to know whether the charge is murder or manslaughter. Manslaughter occurs when you kill a person unintentionally. They will then find an appropriate defence for your case. For example, you will need an alibi if you were not at the scene of the crime. If you killed the victim, the lawyer would need to understand the circumstances under which the incident occurred. For example, if you murdered in self-defence, you will need to prove that your life was under imminent threat. You could also argue that the victim provoked you. For instance, a case where the deceased's actions caused you to lose self-control. Your defence could also be that you acted under duress. It occurs if you were forced to commit the crime.
You need ample evidence to prove your case in court. Your lawyer could need your phone records, CCTV footage and photos of the incident. In some cases, they might need a forensic expert to explain how the murder took place. They could also ask a doctor to explain the victim's injuries or explain your mental state in court.
Your lawyer will give explicit instructions on how you should conduct yourself during the trial. For instance, you should obey court orders and arrive in the courtroom on time. Besides, you should not talk about the case in the absence of your lawyer. Additionally, you should not contact the prosecution's witnesses.
Murder trials take time. As such, you must be patient as you await the outcome of your case. Listen to your lawyer's advice. Besides, you should not give false information to your lawyer or in court.Share