Why you should have a lawyer represent you in a criminal matter in Tasmania
- November 1, 2024
- Posted by: admin
- Category: Criminal

The criminal justice system in Tasmania can be challenging to understand without legal training. If you have to appear in Court as a Defendant, you will not only have to deal with the police but also a Judge (also known as a Magistrate), the Court and police prosecutors. Having someone assist you through the process is the best way to ensure that you get the best possible outcome based on your circumstances.
What can a lawyer do for me?
When charged with an offence, there are limited options for advice outside of engaging a private lawyer. These options are generally to approach a Community Legal Centre for advice prior to attending Court or to hope that a duty lawyer is available at the Court to provide free assistance on the day.
Advocate lawyers assist both legal aid clients and private paying clients in the Magistrates Court. So what are the advantages of engaging a lawyer rather than trying to represent yourself or using free services?
Legal Expertise
Criminal law is complex and constantly evolving. A criminal lawyer will have the knowledge and expertise to navigate the legal system and provide you with informed advice. They ensure that your rights are protected throughout the legal process.
Understanding the System
A lawyer will ensure that you understand the Court process. There will usually be the need for more than one attendance at the Court and without representation the process can be confusing. A lawyer will be familiar with the court and will know how to present your case effectively.
Understanding the Offence and Evidence
In order to know whether you should plead guilty or not, it is important to first understand the offence you have been charged with. Understanding the offence requires not only an understanding of the law that you are charged under, but also understanding whether the police can use the evidence they have in order to prove you guilty of that offence. A skilled criminal lawyer will analyse the evidence to not only see if it properly supports a charge but also whether it can be used in court under the rules of evidence.
Proper Defence & Negotiation
A lawyer will help build the best possible defence, ensuring all evidence is reviewed thoroughly and any mistakes or weaknesses in the prosecution’s case are highlighted for the Judge. They provide guidance on the best plea options and may negotiate police prosecution agreement to reduced charges or penalties prior to Court if possible. Further, for some offences you may be able to ask the Judge not to record a conviction on your criminal record if you pay a fine or to issue a restricted drivers licence to allow you to get to and from work and a lawyer will be invaluable in seeking these things.
Protection of Your Rights
A lawyer will ensure that your legal rights are upheld. They will ensure that any evidence against you was obtained lawfully and that you are not coerced into making statements that could harm your case. They will also ensure that the Judge considers not only the police evidence, but also your side of the story.
Avoiding Mistakes
Handling a criminal case without legal representation can lead to mistakes. A lawyer knows the right procedures, deadlines, and documents needed. There are limited grounds to appeal a conviction and so it’s easier to get it right the first time.
Having an Advocate on Your Side
Generally speaking, free services (excluding legal aid) can only assist in giving more general advice and will be unlikely to spend significant time getting across the evidence in your matter. They also don’t guarantee representation on the day. A private lawyer (whether engaged through legal aid or paid) will be able to manage your matter from start to finish, ensuring that they have an excellent understanding of the matter and guarantees you representation at Court.
Conclusion
Having a qualified lawyer on your side ensures that your case is handled in the best possible way, helping to protect your future and achieve the most favourable outcome.
If you have been charged with a criminal offence and need assistance, contact Advocate Lawyers on 03 6204 9000 for a discussion about how we can help.
Contact Advocate Lawyers Today
If you or someone you know is facing criminal charges in Tasmania, do not hesitate to reach out to Advocate Lawyers. We are here to provide you with trusted legal guidance and fight for your rights. Contact our office today to schedule a confidential consultation with one of our experienced criminal defence lawyers.