Plea Not Guilty – Trial or Hearing

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Unlike many criminal law firms, at Solis Lawyers, we will not run Trials or Hearings on a plea of not guilty for the sake of financial gain but rather only if the prosecution evidence is significantly lacking in proving the commission of the offences beyond reasonable doubt and in our clients’ best interests.

Our criminal lawyers will not advise our clients to plead NOT guilty and in defending and running a Hearing at the Local Court or a Trial at the District Court or Supreme Court unless we are certain there are strong prospects of success.

For instance our clients are charged with violence offences such as Common Assault, Assault Occasioning Actual Bodily Harm or Grievous Bodily Harm, we need to establish that the defences of Self-Defence, Duress and Necessity can be used effectively.

Instances when it would be difficult for the prosecution to prove their case beyond reasonable doubt include whether it was indeed our clients that committed the assault or their alleged actions constituted an assault, if it can be shown our clients lacked the requisite intention, when there is only the victim’s word against our clients and when no actual injuries have been caused.

The defences that can be raised include showing that the assault was a reasonable and necessary response to defend one’s self, that our clients were forced to commit the assault because they had no choice under the threat of death or harm or that extraordinary circumstances arose when it was necessary to commit the assault to avoid death or serious harm.