Lawyers for Murders

Here’s the legal process for murder charges explained –

• Arrest and Charge: If there’s valid evidence, the police will arrest the suspect while informing them of their rights (right to remain silent, right to legal representation) and charge them with murder under the Crimes Act 1958 (Vic).
• Police Interviews and Investigation: The arrest will be followed by a thorough police investigation and gathering evidence, forensic reports, witness statements, etc.
• Bail Hearing: As murder is an indictable offence, bail is not automatically granted. The bail hearing will take place at the Magistrates’ Court. You might or might not be granted bail as there might be concerns about public safety or flight.
• Committal Hearing: During the committal hearing, the Magistrate’s Court will determine whether there is sufficient evidence for the case to go to the Supreme Court.
• Trial: The case will be in the Supreme Court in front of the jury (12 members) and the judge.
• Sentencing: If the defendant is proven guilty, the judge will give the verdict.
• Appeals: If the defendant thinks that the verdict is unfair, they can submit an appeal before the Court of Appeal. The prosecution can also submit an appeal if they think that the penalty is too lenient.

As murder is an indictable offence, one can’t escape arrest. But with a strong defence, you can avoid conviction. Here are some legal defences that could potentially help you avoid conviction.

• Self-Defense: You acted to protect yourself against harm.
• Accidental Death: The death occurred unintentionally and does not involve any malicious intent.
• Lack of evidence: If the prosecution can’t provide solid proof beyond a reasonable doubt.

In case of a murder charge –

• Do not flee: Your efforts to delay or prevent arrest can be deemed as proof of your guilt.
• Do not speak to the police without a lawyer: Anything you say can be used against you in court, so connect with a trustworthy murder defence lawyer before you give your testimony.

The one thing which differentiates murder from manslaughter is the intent to kill. Murder is the intentional taking of a human life, but manslaughter refers to acts of unintentional killing.

While both are grave offences, murder typically results in life imprisonment, whereas a person charged with manslaughter may face a penalty of up to 20 years imprisonment

On average, a murder case can take anywhere between 12 months to several years. This includes the investigation phase, arrest and charging procedure, committal hearing, pre-trial process, trial, sentencing, and appeals. The exact duration will depend on the nature of the case and its complexities. The case can stretch even further if there are any plea deals, court delays and new evidence.