criminal defence lawyer melbourne

Criminal courts dispense justice following technical rules of procedure that both sides to an incident must observe. Generally, an act in court requires the permission of the judge before any party may be perform it.

This permission may be obtained after submitting a request verbally in court or in writing, via a motion. Motions tend to be argued and heard before a judge and are best handled by criminal lawyers. Melbourne criminal courts strictly adhere to rules of procedure and non-compliance may adversely affect the end result of your case criminal defence lawyer melbourne.

Basic steps for filing a motion

Notice and hearing are very important elements of any motion and follow a chronological order. A motion always starts by providing notice to one other party and to the judge as well of your intention to seek the court's permission to accomplish something. A motion must cite specific reasons and applicable legal precedent that your adverse party has the best to review and oppose.

At the motion hearing, both sides are given the chance to give oral arguments prior to the judge hands out his decision on the matter.

How to use motions in criminal case

With respect to the circumstances of your case, your lawyer may file these motions to obtain clearly specified outcomes:

* Motion to change bail, if you want to change your bail status
* Motion to dismiss complaint, if you like the judge to dismiss an insufficient criminal complaint against you
* Motion to reduce charges, when the important points of the alleged criminal incident do not accurately describe the charge against you .
* Motion for change of venue, whenever you believe that moving the trial of your case to another court will ensure a good trial
* Motion for bill of particulars which can be utilized to obtain all information on the charges against you
* Motion for discovery, which if granted by the court, will require the prosecution to show overall evidence inside their possession, a significant tool in several criminal defence lawyer melbourne.