Post by Stary Norton Halphen & Galbally
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Pleading not guilty? Your case may go to a contested hearing if it is in the Magistrates’ Court of Victoria' or Children’s Court or to a trial if it is in the County Court of Victoria or Supreme Court of Victoria. Here’s what that means – and how it plays out ⬇️ When you plead not guilty, it indicates that you intend to challenge the accusations against you. A contested hearing or trial is a legal proceeding to determine whether the prosecution have proven the case against an accused beyond reasonable doubt. The defence do not have to prove anything and do not have to call or give evidence - but often it is vital that such evidence is given so that the Magistrate (in a contested hearing) or jury (in a trial) can gain the proper picture. Each case must be assessed individually and there is no correct or normal way for all cases to be run. What is required is detailed analysis of the individual case and its particular circumstances. A key feature of contested hearings and trials is the cross examination of witnesses. This is not a simple matter of trying to make a witness look bad - it is all about building a basis for reasonable doubt. Sometimes this means relying on things prosecution witnesses say - other times it requires witnesses to be challenged. Each witness must be looked at carefully both individually and as to how their evidence fits in with the other evidence in the case. The outcome will depend on the strength of the evidence and arguments presented by both sides, which can lead to either a verdict of guilty or not guilty. Understanding this process is crucial as the preparation of cases is where they are won. If you need guidance through this process, reach out to Stary Norton Halphen & Galbally for experienced legal support. https://lnkd.in/gpQDSJFk #NotGuilty #ContestedHearing #LegalAdvice #KnowYourRights #CriminalDefence #StaryNortonHalphenGalbally #CriminalDefenceLawyers #CriminalLaw #SNHG