Criminal Law

Defending Charges

When a person is charged with an offence(both criminal or traffic offences), he/she is issued with a Court Attendance Notice (CAN) to attend court on the given date. When issued a CAN, it is important for one to seek legal advice before he/she pleads guilty or not guilty to the charge. It could be that the person charged is not at all responsible for the allegations against him/her.

If the person thinks he/she has a defence to the allegations made; he/she may defend the charges and proceed to a hearing. On the hearing day, the onus of proof is on the prosecution to prove beyond reasonable doubt that the defendant committed the offence. If the criteria is not met, it is likely that the charges will be dismissed.

In addition to this, there maybe additional factors that apply to your case. For instance your mental health under section 32 of the Mental Health (Forensic Provisions) Act 1990 (NSW). Under this provision, a person suffering from a ‘mental condition’ can avoid the hearing/trial in favor of a treatment plan given by the court through seeing a psychologist for a period of time. These are called s32 Applications.

A wrong decision could have extreme consequences on your life. Dot Legal experts’ lawyers give you a right legal instruction to defend charges. If you are charged with an offence, contact our team today to defend your rights and get you the best possible result!

For more details, Study Criminal Laws.