Sexual Harassment Defence Lawyer

Traditionally, a solicitor takes instructions from clients and briefs a barrister for advocacy purposes, such as appearing in Court. However, there has been a significant shift in this historical concept over time and solicitors have taken over advocacy in significant jurisdictions, known as solicitor advocates. At Rana Lawyers, our solicitors frequently appear as solicitor advocates in the Magistrates, District and Supreme Courts in complex criminal matters.

The short answer is yes. Anytime a defendant is charged with an offence, there is an obligation on the defendant to appear in Court with certain exceptions. If a defendant is given a notice to appear, they must appear in Court without exception. If a defendant is placed on bail by the Police, they are generally required to attend Court unless a solicitor can appear in their stead and have the defendant’s appearance excused. However, prior to making a decision, it is important to consult a solicitor because each case varies depending on the charge.

Sometimes, you will see an option to plead guilty online. This is applied to a handful of very minor matters (such as public intoxication). It is important that you seek advice on the charge before deciding whether you can plead guilty online because a warrant may be issued for your arrest.

All charges commence in the Magistrates Court, whether it is drink driving or murder. At the first mention, certain charges that must progress to the District or Supreme Court will be placed in what is called the ‘committal stream’. The Court will direct that a brief of evidence be disclosed to the defendant by the Police, which ordinarily takes a few months (this varies depending on the charge). Once the brief is fully disclosed, the defendant is ordinarily committed to the superior Court. You will have the opportunity to cross examine witnesses or ask the Court to dismiss the charge for a lack of evidence.

It is always advisable to immediately seek legal advice. Even if the charge is minor, and you decide that you do not require legal advice, it would be in your best interests to book in an initial conference, which is free of charge with Rana Lawyers, to understand:

1. The Court process;
   b. Your options;
   c. Potential outcomes;
   d. Whether there is a defence;
   e. Whether there is a risk of a significant penalty being imposed.

There are several mechanisms for the Police to obtain your DNA and unless you challenge whatever mechanism they use, you will have to. It is important to seek legal advice because in many matters, DNA may be an important piece of evidence the Police use to build a case against you.

The general rule is always seek legal advice before you decide to speak with the Police and, in most instances, you will be told not to do an interview with the Police. The reason is everything you say is recorded and can be used for the Police to build their case or in Court against you. Prior to doing an interview, you do not receive any evidence or a complete analysis of a Police case. There are serious risks in doing an interview uninformed because if you say something that is inconsistent with objective evidence (such as camera footage), the Court may draw an inference that you lied, as opposed to making a mistake, because you had a guilty conscience and were trying to conceal the truth.

Police cannot search your house unless they have a warrant. There are certain exceptions to this rule, such as investigating a domestic violence offence or an emergent search for a particular purpose such as protecting the integrity of evidence.

A warrant is a document that permits Police to enter your home without your consent. This must be signed by a Justice of the Peace or a Magistrate. It is important to remember not to speak to the Police, save for giving your name and identifying details, without speaking to a lawyer first. Ordinarily, the Police will be recording the entirety of the search of your home and whatever you say may be recorded.

Some warrants may be set aside because they are defective or because they have been obtained improperly.