Criminal Barrister Lawyer Melbourne
Elizabeth McKinnon is a specialist lawyer in Criminal Law. Criminal lawyers represent people charged with a criminal offence by Victoria Police or the Australian Federal Police. In Victoria, an accused person charged with a criminal offence can be prosecuted by the Director of Public Prosecutions of Victoria (DPP) or the Commonwealth Director of Public Prosecutions (CDPP).
Elizabeth McKinnon is a Criminal Lawyer, but specifically a specialist Criminal Law Barrister. Barristers undertake further education to become Barristers at the Victorian Bar. Elizabeth McKinnon also has the further qualification in obtaining an Indictable Crime Certificate and is on the list of specialist Criminal Barristers on the Criminal Trial Preferred Barrister List of Victoria Legal Aid.
Criminal Barristers represent their clients in Court. They address the Judge and Magistrate directly in Court and often write legal documents (‘submissions’) on behalf of their clients in the Court process. These submissions can be in relation to the way your criminal trial is conducted in Court, the criminal law and evidence law applicable to your case, and the law of sentencing.
The Criminal Barrister also determines how a criminal case should be run in Court, both forensically and tactically.
Firstly, most criminal offences have a term of imprisonment available to them for sentence if the charge is proven. This means that depending on the charge, there is a real risk that you can go to prison if the charges are proven.
There are other sentencing options available to a Judge or Magistrate if the charge is proven, such as a Community Correction Order, a Fine or an Adjourned Undertaking.
The Judge or Magistrate also decides whether the sentence should be with or without conviction.
Secondly, a finding of guilt for a criminal charge means that you will have a criminal record, unless the Court grants a Diversion in your case or the conviction can be spent. (Victoria recently passed laws in relation to spent convictions. If a conviction becomes spent, it no longer forms part of your criminal record and in most cases you do not have to tell anyone about it.)
The consequences of a criminal record are serious. A criminal record can affect your prospects of employment or your ability to maintain your employment. A finding of guilt can also affect the ability of an individual to work with children and obtain a Working with Children Check.
In some cases, individuals found guilty of a sex offence can be placed on the Sex Offender Register. The Sex Offender Register has onerous legal obligations.
Thirdly, a finding of guilt to a criminal charge can:
- affect the ability for a person to travel overseas; or
- if they are not an Australian citizen it can also result in the cancellation of their visa allowing them to be in Australia; or
- if they are an Australian citizen it can affect their ability to sponsor an individual that is not an Australian citizen to come to Australia. (For example, on a Partner visa.)
Engaging a Criminal Law specialist can reduce the risk of a finding of guilt being made against you, and the adverse consequences that flow from that. Do not hesitate to call Elizabeth McKinnon for expert legal advice and representation.
Her results are excellent as is evident from her Google Reviews.