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Oct 26
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Have You Been Falsely Accused of a Crime?

By Major Criminal Law

Having false accusations levelled against you can be incredibly traumatic.

Besides the psychological implications – which have been said to include high levels of anxiety, depression and sometimes post traumatic stress – there are the legal aspects to consider. How you handle the allegations will go a long way to setting things right. Here are some points you need to know about false allegations.

Making a False Allegation is a Crime in Itself

Making a false accusation is a crime, as long as the person making the accusation knew the allegation to be false, and intended the accusation to result in the investigation of an offence. This law, of course, is designed to dissuade individuals from using the legal system as a tool to further their own agenda. Common examples of this include using allegations as a strategy to claim custody in family disputes or to settle personal vendettas. It’s important that you seek legal advice and discuss the allegations, evidence and options with your legal counsel.

Just Because the Claim is False, Don’t Think It’s Not Serious

The legal system is there to protect you, but until you know all the details of the case against you it’s important to treat the case as serious. Should your accuser have compelling evidence, corroborating witnesses or some other piece of information that makes their story believable, you should consider it important to disprove the allegations, rather than just claiming your innocence. This approach will be much more useful in a legal setting, where your accuser is attempting to send the case.

Make yourself aware of the law

 Regardless of the circumstances, you should familiarise yourself with the law as it relates to your accusation. Too often, people assume that “common sense,” says that they haven’t broken any laws – but this may not be the case. It’s vital that you ascertain quickly whether you have in fact broken any laws, and what actions you should take. Speak to your legal adviser, and tell them all the details; including your relationship with the accuser, your actions during the time of the alleged incident, and any other information that could potentially be brought up by the other party.

The law is there to protect you, but entering into a legal process – even an unfair one – unprepared is not only foolish but dangerous.

Contact our Sydney Criminal Lawyers and Gold Coast Criminal lawyers today for more information.

Want to learn more, click here

Jul 27
lady justice

Finding the Best Criminal Lawyer for You

By Criminal Law

When it comes to hiring a criminal lawyer, there is no shortage of options.

A quick search on Google will yield hundreds of results in your local area, and many more nationally, all claiming to be the very best criminal lawyers in the country. So how do you select the right criminal lawyer for you?

  1. Specific Experience

Criminal law is a broad discipline. In fact, attempting to name all the crimes in existence and their variants would be an enormous task. When seeking a Brisbane criminal lawyers, look for someone who has specific and meaningful experience in the area of expertise you require. Ask if they have taken on cases like yours before, and what they see as the key to success in your particular scenario. “Experienced in criminal law,” is far too generalistic, you are seeking someone who understands the specifics of your particular case.

  1. Flexibility and Maturity

Some lawyers are eager to get to court; their speciality may be in litigation or they may enjoy the limelight. Likewise, some lawyers will avoid court at all costs, given the option. Seek out a lawyer who will look at a case, and all the possibilities, and make decisions based on their merits. Perhaps there are more options available to you than going to court and arguing your case. A lawyer with flexibility and understanding will seek out the best possible avenue, rather than have a one-track mind.

  1. Local Knowledge

The very best criminal lawyer with specific experience and an eagerness to get you the best possible outcome may still not be the right person for the job. Do they know the judges? Do they have an understanding of local law? This is especially important in Australia, where different states have different laws, and local lawyers have a knowledge of local judges.

Local knowledge can be the difference between a good result and a disastrous one.

  1. Trust

Your lawyer must be someone you trust. In criminal cases you are going to have to be open and honest with them, talk about uncomfortable scenarios and potentially put your freedom in their hands. Make sure that when you sit down with your lawyer, you feel comfortable talking to them and that they are someone who you could work with. Ask about the case, talk about their approach and experience, and decide whether they are the right person for you.

A good Gold Coast criminal lawyers is someone who can put you in the best position to get a good result. Don’t gamble with your freedom and make the effort to find that person and have them in your corner.

Jul 20
lawyer drafting a legal document

How to Hire a Family Lawyer

By Representation

Family disputes can be incredibly strenuous, and cost far more than money. Memories, relationships and emotions can all fall victim when families are torn apart and choosing the right family lawyer is an important decision for multiple reasons.

Firstly, it’s important you find a lawyer that you can talk to openly. Because this is your personal life, rather than a workplace dispute, deeply personal circumstances can come to the surface, and your lawyer will not want any surprises, so find someone you can trust.

Secondly, it’s important to find someone who has experience in your type of case. No family law scenario is “black-and-white,” so ask about your lawyer’s experience, how he or she sees your chances and what approach they will take.

Here are some other points to consider when hiring a family lawyer.

  1. Support

One of the most valuable and understated advantages of having a lawyer is the emotional support they can provide. As a confidant outside of your core group of family and friends, they can be relied upon to tell you the truth, and reduce the level of uncertainty.

Make sure you are comfortable talking to your family lawyer and that you consider them to be someone you can rely on for more than just legal advice.

  1. Management

A good family lawyer will gain an appreciation of the intricacies of the case. This means learning about what everyone wants, and why certain family members feel the way they do. In such an emotionally charged environment, a calm voice acting as an intermediary can reduce the stakes exponentially. Meaning, that the disagreement you end up having could have a much lower financial impact than you originally thought.

A capable family lawyer will work to understand the entire case and resolve certain issues in an elegant and mutually beneficial way. Take the time to learn your lawyer’s approach and talk about how you can resolve some problems early in the process.

  1. Mediator

Often in family legal disputes, there are multiple parties on either side.This could mean immediate family, step-siblings, spouses or close friends. Each of these people have their own agenda, most likely with the best of intentions, but sometimes at odds with others. A lack of consensus across a diverse group of complainants can lead to additional costs and time and jeopardise the case. A crucial role of your family lawyer is sitting down with everyone, explaining the situation clearly from a legal standpoint, and acting as a mediator between the various parties. This may mean helping members of your family find a middle ground, suggesting that a certain person’s involvement is not useful, or explaining the realities of the case for any family members who don’t understand the ramifications of certain actions.

If your side is acting in unison, because they understand not only what they want, but also how they are pursuing it, the chances of success are much higher.

Consider how well your lawyer will relate to various family members and other interested parties. Ask about their experience in this area, and even bring them in on some of the challenges.

Contact our Sydney Criminal Lawyers today.

May 28
Family Dispute Lawyers Brisbane & Gold Coast

Resolving Family Legal Disputes

By General News

Family disputes can be emotionally draining and impact on, not only your life but also those of your extended family.

It’s important to realise that entering a formal legal process with your family should be considered a fall-back position rather than a primary option, but it is available to you if all avenues have failed. Here is what you need to know before you begin the process, and as always, we recommend you seek advice from a qualified practitioner who understands family law before taking any action.

Know What You Want

Before stepping into court, you will likely have to go through a dispute resolution process. This will involve formal mediation facilitated by a court-appointed practitioner. Before you begin, you should define, not only what you consider to be a best-case scenario, but also your fall-back position. While this is often difficult to think about, if mediation is successful and you can find a middle ground that everyone considers acceptable, you can move on with your life and perhaps rebuild relationships. Have a clear picture of what you want before starting mediation.

Dispute Resolution Services

As mentioned, before going to court, you will likely be required to undergo a mediation process using dispute resolution services. This will mean meeting with a mediator and other family members and attempting to find a middle ground. It’s important to seek advice before entering into dispute resolution, as you need to know the strength of your argument and, based on that, the strategy you should pursue. Don’t assume that you have a good case which will stand up in court (if you reach that stage) without having a thorough understanding of your legal requirements and obligations.

Dispute resolution and mediation work well if both parties enter into it with a view to finding a middle ground. This is not the time to be overly aggressive, to alienate any family members or to react emotionally if things start to get personal. Keep a cool head, listen carefully to what everyone has to say, and attempt to have a constructive dialogue. The mediator will make sure everyone gets an opportunity to speak, and you may be surprised to find that you and your family are closer to a resolution than you thought. If you cannot reach an agreement, however, you may need to go to court. Before you decide to do so, however, speak to your lawyer and again discuss the merits of your case.

Going to Court

If dispute resolution doesn’t work and you proceed to court, your lawyer will guide you through the process. They will argue the case and your behalf and lay out what they consider to be the best course of action. Your case will form the basis from which a decision will be made, and it’s important to keep in mind that any decision will be legally binding. This matters because the decision will be based on what is dictated by the law, rather than by what is “fair. “The law is designed to be impartial, so what you think you may be entitled to matters less than what is dictated by legal precedent.

For more information or to start a discussion, please contact our Brisbane criminal lawyers.

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