Its not uncommon when charged with criminal offences that Police or Prosecuting authorities simply get it wrong. Much more common than people think!
In the case of an allegation of sexual offending or assault it may be the only evidence provided by Police is from the alleged victim. Your recollection of events maybe vastly different.
In other cases the evidence provided just doesn’t meet the standard required to secure a conviction. In these circumstances, a good lawyer would assess your case and attempt to have the charges completely withdrawn or alternatively discontinued entirely.
There are many considerations you need to make before you decide to contest charges and seeking good legal representation should be the first step in any process.
Considerations for contesting charges
– Presumption of Innocence: Every individual is presumed innocent until proven guilty, placing the burden of proof on the prosecution.
– Possible Acquittal: Contesting charges increases the chance of a favourable outcome, leading to an acquittal or reduced sentence.
– Protection of Rights: Contesting charges ensures that the client’s rights are upheld, such as the right to a fair hearing or trial and procedural fairness.
– Avoiding Criminal Record: A successful defence may prevent the client from obtaining a criminal record, which can have long-term consequences for their employment prospects, such as working with children’s checks or ability to travel.
Considerations against contesting charges
– Risk of Conviction: Contesting charges carries the risk of conviction, which may lead to severe penalties, including imprisonment.
– Legal Costs: Defending against criminal charges can be expensive, considering solicitor’s fees, court costs, and other related expenses.
– Emotional Stress: The legal process can be emotionally taxing for the client and their loved ones, particularly during a trial.
– Impact on Reputation: Even if acquitted, the client’s reputation may suffer due to the association with criminal allegations.
The best thing to do is get in contact with us as soon as possible.
We’ll provide you a free case evaluation and talk you through the process. You can use the form below to arrange a conference.
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