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In Criminal law the right lawyer means the right fit. Most criminal law clients have complex subjective features. This means that they have a colourful past or present. In order to truly defend the person it is extremely important to spend the time on the case. Established practices that have higher overheads and can grossly over charge. Numbers provide most of their billable hours. In these firms they often don't really know your matter. If you call your lawyer and they don't know your brief back to front, let alone your name then be worried. If they do not return your calls or don't listen to you, be worried. Don't be fooled by grand offices, listen to their advice and if it sounds like corners are being cut question it straight away. Lawyers are only as good as their client's brief which is why adequate preparation for each matter is what makes the best lawyer on the day. Big firms often take on as many matters as possible to increase revenue. They are also inclined to make a junior work on the matter and these lawyers are usually so overworked they make mistakes. If a junior makes a mistake a partner will have to take on the work to resolve the matter. This passes the cost onto the client despite some of those 'mistakes' being irreversible. Mistakes you have paid for. Beware of the marketing budget. Quite often the most truthful review is from word of mouth and not from heavily advertised content and websites. Your first hit on google is the best marketer or best advertising spender. Not necessarily the best lawyer. The best most esteemed Senior Counsel and Queens Counsel barristers are usually the best or most accomplished lawyers, however they remain largely low profile with the general public. The most well known solicitors by the general public are usually not renowned for their own legal work but for their ability to run a busy firm with high revenue and public presence.
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When you are faced with a charge, Court Attendance Notice and a fact sheet these 'facts' will overwhelmingly support the case against you and quite likely prejudice you. It is important that you first seek professional advice in relation to your Court Attendance Notice so that you are able to plead guilty to what you have actually done.
Even when pleading guilty the original facts can be changed to properly represent your conduct by negotiating with the police or DPP with a lawyer that understands how this process works. Pleading guilty does attract a 25% discount at the earliest opportunity. It is common that people enter a plea too soon before being advised. They may feel guilty of something and this can often lead to pleading guilty to a far more serious charge than their conduct represents. A good example of this might be that you get into an argument with a cab driver. You exchange swear words and the argument is very heated and your words were highly offensive. You get out of the cab and walk down the street. Your friend stays in the cab and 100 meters down the road your friend punches the cab driver. You are all charged with assault occasioning actual bodily harm in company, a serious violence offense. This type of scenario is very common. Too many people simply plead guilty to serious offenses like this without understanding that they have a right to plead to a lesser charge like offensive language. It is very common for the police to accept such representations. This can be the difference between a $660 fine and a 7 year maximum prison sentence. |
Scott J. SierI believe people deserve a chance and that no person is defined by their worst act. Archives
November 2023
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