How to Use the Complexity of the Legal System to Dispute a Charge

The criminal justice system in Australia has been around for a very long time. Over the years, it has been modified to take into account developments in society and sometimes to cater for the outcome of an individual case. In fact, it's so complicated and full of so many different nuances that it is very difficult to understand or decipher, even for those who are experts in their trade. This means that no case is ever 'black and white', and if you've been charged with a crime, you have every right to dispute it vigourously in accordance with the law. You should never be afraid to refer to other cases, unravel elements of previous case law and look at alternative pieces of evidence if it means that you can dispute the case.

Standing Up

A civil prosecutor will try to make a strong case against you if they believe that you should be charged with a crime. They will try to persuade the judge or jury that you are guilty as charged, and you have to counter this strongly at every stage. Remember that there is always a presumption of innocence and the prosecutor needs to prove their case beyond any reasonable doubt. Police officers and other investigators are human, and they may have made mistakes along the way, so if the presented information is incorrect, then you have grounds to get the case dismissed. Mistakes are made every single day in the legal system, but it does not mean that you cannot take advantage of any misstep and get the charge thrown out.

Disputing the Facts

You may be entitled to ask the court to schedule a disputed facts hearing. This is another process of discovery, and it challenges the prosecution to provide additional evidence to substantiate their claim. The presiding judge or magistrate will hear submissions from each side and will make a decision thereafter.

Direct Approach

Alternatively, try to deal directly with the prosecutor's office to sort these issues out before standing in front of the court. Your solicitor will be able to help you put this information together and may often refer to old case law or other relevant information. Don't be surprised if the authority decides that this is too complex a case to pursue and decide to drop it rather than using their resources in this way.

Expert Help

If you are to be successful and fight your case as vigourously as possible, then you need to engage the services of a lawyer who offers services in this type of litigation.



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Your Guide to General Attorney's Hello! I would love to give you all a warm welcome to my exciting new legal blog. I am not a legal professional but over the past few years, I have gained a lot of first-hand experience of the Australian legal system. It all started when a former business partner launched litigation against me. I was shocked and upset that things had turned out the way they did, but I knew I had to fight my case in court. I contacted a general attorney who was able to represent and advise me every step of the way. I hope this blog helps you if you are dealing with litigation.

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How to Use the Complexity of the Legal System to Dispute a Charge
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The criminal justice system in Australia has been around for a very long time. Over the years, it has been modified to take into account developments