Common Misconceptions About the Role of Defence Lawyers
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By PAGE Editor
Lots of people have opinions about defence lawyers. Some people see them as necessary protectors of justice, making sure that all people have a fair shake at freeing themselves from charges. Others see defence lawyers as slimy liars who help criminals get away with bad things.
Most people who have perceptions of defence lawyers actually know little about the job itself. Defence lawyers play an important role in the criminal justice system and ensure that there are no miscarriages of justice.
Even if you never need the services of some Criminal Defence Lawyers, it’s still a good idea to know what they do. Here are some common misconceptions about defence lawyers, debunked with accurate information.
Defence Lawyers Only Take On Serious Crimes
When most people picture defence lawyers, they picture people working on hardened cases involving murder, rape, or other violent crimes.
However, defence lawyers can take on any case that involves criminal charges, no matter how minor or major. With support for carriage service-related charges, defence lawyers can help clients navigate charges related to digital crimes as well as physical crimes. In Australia, defendants can seek legal counsel when facing summary or indictable offence charges.
No matter the charges you are facing, the consequences of a conviction are disruptive. A defence lawyer can help you figure out how to defend yourself.
If Someone Hires a Defence Lawyer, That Means They’re Guilty
One of the most harmful misconceptions about defence lawyers is that they are only for guilty people. Many people assume that if someone hires a defence lawyer, they are just about admitting to the crime. Truly innocent people would let the court work its own justice. Once there was no evidence, they would automatically be found innocent.
That is not how courts work. There have been many cases of wrongful convictions in Australia, where innocent people were found guilty of crimes they did not commit. A defendant’s nerves in court may be misinterpreted as lying, or evidence may be misrepresented. Without a defence lawyer, there is nobody to challenge a wrongful narrative presented by the state.
Whether guilty or innocent, anyone facing criminal charges should hire a defence lawyer. Professional legal help is often the only way to prove innocence in a court of law, especially if the defendant doesn’t have extensive legal knowledge of their own.
There Is No Point in Hiring a Defence Lawyer If a Person Is Guilty
An opposite misconception is that the only point of a defence lawyer is if someone is wrongfully accused of a crime. If the case is clear-cut and the accused is guilty, and planning on pleading guilty, then there is no point in hiring a defence lawyer since the case is simple.
Defence lawyers are not there to prove that a client is innocent. They have two important roles. The first is to make sure that the prosecution does its job and presents evidence that definitely proves a defendant is guilty.
The second is to secure the best possible outcome for a defendant. For a defendant who chooses to plead guilty, this can look like securing a plea deal or arguing for a lesser sentence because the defendant cooperated with the court. No matter the circumstances, a defence lawyer is there to represent the interests of the defendant.
Defence Lawyers Lie in Court
One reason why people stereotype defence lawyers as slimy and unreliable is that they lie in court. Civilians assume that defence lawyers secretly know that a client is guilty, and that they just pretend they must be innocent in court.
Like all other lawyers, defence lawyers are held to a very strict code of conduct. They are not allowed to perjure themselves in court or knowingly spread false information. Most lawyers are very well aware of this, including the consequences for such an action.
Defence lawyers will use different tactics to defend clients, such as focusing on the evidence, establishing doubt, or arguing for a reduced sentence if the client chooses to plead guilty. However, they will never, ever lie in court on behalf of a client.
Understanding the True Role of Defence Lawyers
There are many misconceptions about defence lawyers in Australia and beyond. Most people don’t understand why they are necessary and why they help bring about justice.
Defence lawyers exist to provide any defendants accused of criminal charges with legal protection, no matter what the charges may be or how they choose to plead. Defence lawyers are also there to make sure the prosecution does its job in proving the case according to legal standards.
If you or anyone you know is facing criminal charges, inform yourself about the role of a defence lawyer and call a reliable attorney.
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