Criminal Law

Whatever your situation, facing a criminal charge is a frightening experience. You’ll no doubt be feeling worried and isolated. If you’ve been arrested and charged, you’re probably anxious about what the future holds, and perhaps feel like you’re at the mercy of the legal system.

More than that though, you’re probably confused. What are your options? What should you say to the police, or not say? How do you know what’s going to help your case, and what’s going to hurt it?

The first thing you’ll get from us is clear, expert, advice on where you stand. And the next thing you’ll get is a lawyer who’s massively driven to win your case. We attack every case with 100% commitment – no case is trivial or inconsequential.

Our craft is building the strongest argument possible, and fighting aggressively on your behalf. It doesn’t matter if your case is simple or unglamourous – when you hire us, we fight your corner, and we throw the full weight of our legal expertise into your defense.

And crucially, we’re there to support you when most need it. You’ll gain a close ally, fighting for you every step of the way.

We don’t care about your past, and we don’t make assumptions – when you walk through our door and we take you on, we’re all on the same team from that point forward.

And If you’re worried about how you’re going to afford us, don’t be. We deal directly with our clients, so we offer inexpensive services, without the spiraling costs of huge legal firms. We respect your time and money, and only charge you for services that are absolutely necessary.

You might be in a tough place right now, but things get better the moment you give us a call. Get in touch and we’ll advise you on your situation. Let us take care of your charges and mount your defense.

Murphy Lyons Lawyers have over twenty years experience in Criminal Laws matters and can help you get the defence you need when facing a criminal conviction. The law is there to protect us and serve as a guide to ensure we all feel safe and secure however we understand that sometimes it is easy to be on the other side of the law. Rest assured that if you are on the other side and need sound advice from highly experience and caring lawyers we are here to help anytime. Call Murphy Lyons Lawyers today on 02 9428 1815 for a free no obligation consultation.

What Do You Do When Charged With A Criminal Offence

If you have been charged with a criminal offence, say nothing until you can speak with a lawyer.

Never agree to make a statement to the police. It is best when interviewed by police not to make any admissions or to make a statement other than to provide your name and address.

Exercise your entitlement of silence.

Never agree to take part in an identification parade.

Always seek the advice of a solicitor, before being interviewed by the police.

The first thing to do is to appoint a specialised criminal lawyer like a Murphy Lyons specialist. Only highly experienced lawyers familiar with the rules of evidence can provide the genius and subtlety of the ‘trial lawyer’ combined with the ‘art of evidence’.

Being charged with a criminal offence is a very stressful process. You need someone who has a cool head and can look at the matter objectively and unemotionally on your behalf.

The Art of Evidence

In all criminal cases the paramount consideration is the evidence. Your lawyer will know:

  • What evidence must be presented to the court.
  • How to get this information before the court and into evidence
  • And, conversely, how do you keep information from being admitted into evidence by the court

Often it is the question “NOT” asked by the trial lawyer that wins the day.

The rules of evidence have been “codified”, meaning that the Government has passed legislation specifying the rules of evidence, which are contained in many “beefy” volumes.

There are literally thousands of cases where issues have arisen in relation to the interpretation of the rules of evidence. It is simply beyond the capacity of a layperson to know these rules, which are complex and take years of application and learning.

Guilty Or Innocent

The fundamental principle of law is that the accused is presumed innocent until such time as “all the appropriate and required” proof of evidence is put before the court overturning that presumption.

The evidence that is required is “beyond all reasonable doubt”. If there is the slightest doubt then the accused must be acquitted. Each element of a charge must be proved beyond all reasonable doubt.

A Case Study

Two men were carrying a large cardboard box out of a well-known department store. The outside of the cardboard box indicated that it was a very large plasma TV. The men were captured on CCTV and observed by a security guard. The police were called and the men were arrested and charged. The men declined to make any statement and made no admissions to the police.

At the Hearing the police prosecutor presented the evidence of the security guard, the police officer, and the CCTV was shown to the court. I did not ask a question of the security guard or police officer. I was asked by the Court whether I wished to present any evidence, and I advised that I did not intend to call my clients.

I was then asked to address the Court. I pointed out that no evidence had been presented to indicate that there was a plasma TV inside the cardboard box. The magistrate agreed, and my clients were acquitted.

I was successful in having my clients acquitted because:

The police prosecutor had the obligation to prove each of the elements of the charge of stealing, but failed to establish that anything was stolen (beyond a cardboard box).

The police have the burden of proof, and that burden is beyond all reasonable doubt – not mere speculation or conjecture as to what may have been in the cardboard box.