About Me

Having your day in court

Are you wondering if you need a lawyer to defend you in court? I'm here to tell you that you do. People with legal representation get much better deals when they have their day in court - and you won't get a second chance if you don't get it right the first time. If you are feeling uncertain about representing yourself, on whether you need a lawyer or the best way to choose a lawyer my site has all the useful information and links you could need. Make sure you put you best foot forward when you are having your day in court.

Tags

Latest Posts

Search

Having your day in court

Importance of the Committal Hearings

by Beverley Lopez

There are specific steps and procedures that must be adhered to during the prosecution of an individual charged with criminal offences. It is vital for you to understand the importance of each stage so that you will be prepared sufficiently and offer all possible assistance to your defence attorney. If you are charged with an indictable offence such as aggravated robbery or manslaughter, committal proceedings will be necessary.

This hearing will be carried out in the Local Court and the evidence of the charges will be presented. The Magistrate will evaluate the details and make a decision with regard to you being committed for trial in Higher Courts. Here are the reasons why you should show unrivalled dedication to the defence strategy at this stage of prosecution.

Possible Dismissal

The indictable offence charges which are presented against you may be dismissed after the committal hearing. If the Magistrate evaluates the case and finds that the prosecution does not have a strong and valid case, you will not be charged. Criminal defence lawyers can use the information gathered prior to the proceedings to challenge or even completely discredit the evidence.

The police witnesses or alleged victim may be unreliable and the court may deem their testimonies to be too weak for a good jury to convict you of the pertinent indictable offence.

No Bill Application

If the evidence and testimonies presented are sufficient for you to be committed to a trial, the charges may still be withdrawn before you are presented in the District Court. The Director of Public Prosecution might not carry on with the case against you if there are evident obstacles.

In some situations, a defendant's prosecution in the District Court may not be favourable for the general public interest. This is mainly attributed to poor performance of the key witnesses during the legal cross-examination. If this applies to you, your lawyer will make a no bill application to the DPP so that the charges can be withdrawn from the court. Usually, the DPP will withdraw only if they have evaluated the case and observed the cross-examination procedure.

New Evidence

There is a high probability that new evidence may be revealed at the committals and the information may help make or break your case. However, it is preferable for your lawyer to discover all the facts before the trial begins because this will help them make a stronger defence to exonerate you. Additionally, the committal hearing may reveal the main weaknesses in the prosecution's case against you.

 

Share