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For many members of the community, my decision to use my skills to help people charged with criminal offences is not well understood. A general opinion I’ve often heard is that criminal lawyers are just helping criminals ‘get off’. Often, those charged with criminal offences are presumed guilty by the general community, despite the presumption of innocence that exists in our legal system. Sometimes when people are found ‘not guilty’, the widespread view is that the system has failed and enabled a guilty person to go free.
I enjoy the opportunity to discuss these concepts with people, if asked, rather than getting annoyed or upset at their opinion. At the heart of criminal law is the importance of fairness and integrity to every individual involved in the system. It is important to stress that in criminal law, our job is to assess evidence, listen and communicate with our clients, and provide honest advice depending on the range of factors in each individual case. If the evidence in a case is strong against a client, it is our duty to provide this advice so that the client is receiving impartial and honest legal advice. It is not about finding a way for people to get away with crimes at any cost. On the other hand, if a client has been wrongly accused and the evidence in a case supports this, it is our duty to fight for our clients to achieve the right result.
There are important procedures and safeguards in criminal law procedure that exist to level the playing field between the prosecution and the accused. It is often said that the ‘Crown / State’, have many more resources than that of one person charged with a criminal offence – and this is true. Criminal lawyers fight to make things fair and keep the enormous power of the State in check. Without criminal lawyers ensuring that the prosecution are complying with important aspects of our law, the system would simply collapse.
On a personal note, one of the most enjoyable aspects of practicing in criminal law is the ability to regularly appear in Court and be confronted with the need to ‘think on your feet’ and advocate for a client. Many people find public speaking difficult and anxiety inducing. To be completely honest, public speaking and Court appearances still make me nervous on occasion. Despite these nerves, I consider my advocacy to be one of my strengths. There is a certain thrill that is felt after effective advocacy; this feeling is something that I always strive to achieve.
In my practice in regional centres such as Mackay, Moranbah and Proserpine, I have learnt to be dynamic and to react to situations quickly. I may be required to cover many different courts and clients within a day, often dealing with people in incredibly stressful situations. As I hope my past and present clients would attest, my goal is to achieve the absolute best outcome for each client. What that looks like changes dramatically for each person as the circumstances are so different, from a disqualification of a drivers licence through to potential incarceration.
In my view, what sets Fisher Dore Lawyers apart from other law firms is the quality of service that is provided to each and every person we have contact with. First and foremost, we provide this service and dedication to our clients. However our professionalism, kindness and compassion extends to all others involved in the justice system, whether that be Court staff, the judiciary, or the prosecution. Practicing in criminal law gives me a platform to strive for these values, and that is why I continue to do it.
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