Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Criminal trials are held in the relevant state or territory’s District Court or the Supreme Court. A trial is held when the accused is pleading not guilty. This may be because they have a legal defence to the charge or because they are testing the prosecution case. During a trial, the prosecution will adduce evidence and both defence and prosecution will make submission about the strength of that evidence. The defence may also call evidence, but this does not always occur. At the end of the trial, a verdict will be delivered.
Trials are usually decided by a jury but occasionally a trial will be heard by a Judge alone.
What is the Role of the Prosecution?
The role of the Prosecution is to present the case against the accused to the court. Their role is not to secure a conviction or to convince the court that the defendant should be found guilty. It is their primary duty to present all relevant evidence in the case and assist the court to achieve justice according to the law and principles of fairness.
A prosecutor does not represent a private interest or a particular person (such as the victim), but appears on behalf of the state in order to achieve what is in the public interest. In order for the accused to be found guilty the court must be satisfied that the prosecution has proved every element of the offence beyond a reasonable doubt.
What is the Role of the Defendant?
The defendant has no obligation to prove any fact or issue that is in dispute. They also do not have the obligation to call any evidence. This is because the burden of proof rests solely on the prosecution. The defendant can call evidence in their defence if they choose to do so.
In criminal proceedings, the defendant is present for all of the proceedings. If the defendant chooses to give evidence in the trial, they will give evidence after the prosecution has closed its case. Any other defence witnesses will usually give evidence after the defendant.
After all witnesses have given evidence, there will be closing addresses, the Judge will give directions to the jury and sum up the case, and then the jury will retire to consider its verdict.
What is the Role of a Judge in a Criminal Trial?
Trials can either be conducted with a jury or Judge alone. The below information relates to trial by jury.
The Judge is the trier of the law. They make decisions about the law, and legal issues, but in a jury trial, the Judge does not determine anything factual. That is the role of the jury.
The Judge will determine any preliminary legal issues, which may include what evidence is and is not admitted. The Judge will also determine objections made by the defence or prosecution throughout the trial. Finally, the Judge will summarise the evidence and will give the jury directions as to how to apply the law.
If the accused is found guilty, the Judge will decide on the appropriate sentence and make sentencing orders. If the accused is found not guilty, the Judge will dismiss the charges.
What is the Role of a Jury in a Criminal Trial?
The jury is the sole trier of the facts. This means that, after listening to all of the evidence in the case, the jury will decide what it can be satisfied happened, whether the prosecution has proved each of the essential facts and elements of the offence and whether the defendant ought to be found guilty or not guilty.
If you require any information on criminal trials or any other legal matter call us on 1300 038 223 or send us an email.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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