Do you need a criminal lawyer?
Have you been charged with a crime and require a criminal lawyer based locally in Newcastle? Securing the support of an experienced criminal defence team legal is strongly recommended.
Cardillo Gray Partners has an extensive history in representing clients faced with matters subject to criminal law, working side by side with clients to help navigate them through the legal process.
Engaging one of our criminal defence lawyers will ensure you understand your rights and responsibilities and that your case is managed appropriately under the rule of law.
Being charged with a crime can be daunting and confusing, so it is important you speak with us as soon as possible after charges have been laid. We will explain each stage of the justice process and ensure you fully understand all elements of the charges that have been brought against you.
Basic principles of criminal law
The criminal justice system is designed to protect members of the community and their property and to deal appropriately with those who are proven to have disobeyed the law.
The team of criminal lawyers at Newcastle’s Cardillo Gray Partners are dedicated to ensuring that at each step of the way justice is delivered fairly and uncompromised, and the basic principles of criminal law are upheld.
These principles include:
A person is innocent until proven guilty
A fundamental right accorded to the accused in all criminal prosecutions is that a person who has a criminal offence filed against them is afforded a presumption of innocence.
Guilt must be proved by the prosecution beyond reasonable doubt
The evidence necessary to convict the accused is proof beyond a reasonable doubt. It means that the evidence presented by the prosecution produces to the mind of the court a moral certainty that the person charged committed the crime. Any doubt as to the guilt of the accused will necessarily result in an acquittal.
A person who has been acquitted cannot be tried again for the same offence
Commonly referred to a double jeopardy, a person previously acquitted in a case cannot be prosecuted again under the same case. This is to ensure that a person already acquitted will be free from harassment by any one party to the prosecution or the State.
At Cardillo Gray Partners, our clients can be assured we are committed to truth and transparency, and a just outcome at all times.
Criminal law in action
In its most general sense, the term criminal law includes any law which declares that certain conduct is an offence and lays down a penalty for it.
It is the State, through its legislative processes, that determines what a criminal offence is. It’s the responsibility of the police to investigate potential breaches of the law and to determine whether there is probable cause to pursue the possible breach – in other words, gather evidence.
If no probable cause is shown, the matter is dismissed as there is no case to answer.
If probable cause can be shown, a person may be prosecuted in criminal court where the merits of the criminal case are determined. In simple terms, the prosecution presents evidence to prove the guilt of the accused is beyond a reasonable doubt. The accused is then given the opportunity to present evidence in defence, and the case is then submitted for a decision either by a Judge alone (for complex matters) or a jury.
The court then issues a decision on whether guilt has been proven beyond a reasonable doubt or not. If the accused is found guilty of the offence as charged, the consequences of the criminal act are determined at sentencing.
Either a custodial sentence is imposed, or in some cases, a fine is ordered to be paid.