Guilty But Not Guilty: What Are You Pleading Guilty to and Why It Matters

When a person is facing a criminal charge, their case may proceed to trial. Trials can take place in the Magistrates, District, or Supreme Courts depending on the charge.

Commonwealth Offences Australia

Prepare For A Criminal Trial

If your matter proceeds to trial you should ensure you understand the prosecution case and what evidence is being put forward to support it. To increase your chances of winning the trial, it is important to secure an experienced criminal lawyer who can defend you, and who understands the laws and defences that apply to your circumstances.

What Happens In Court?

A trial conducted in the Magistrates Court will not be conducted before a Jury, however a trial conducted in the District or Supreme Courts will more often than not take place before a jury panel. On the day of your trial, you will be expected to arrive at court punctually with your lawyer. Considerable preparation will have already been conducted before the trial date.

The trial will typically take the following order:

Prosecutor Will Present Their Case

The prosecution case will be presented and witnesses will be called to give evidence against the defendant. This provides the magistrate/judge with information regarding the proposed criminal case.

Defence Will Cross-Examine Witnesses

During the prosecution case, your lawyer or barrister will have the opportunity to cross-examine any prosecution witnesses. At the end of the prosecution case, you are entitled to give or call evidence if you choose.

Magistrate Will Make Their Decision

After the evidence has been presented from prosecution and defence, the magistrate will decide whether the defendant is guilty or not guilty of the offence.

The Judge Or Jury Will Decide Whether The Defendant Is Guilty

In the District or Supreme Court at the end of the trial the jury will commence deliberation in an adjoining room to make their decision on your guilty or innocence. At first instance, the jury must come to a unanimous decision regarding their verdict.

If the jury finds the defendant not guilty, the defendant will be acquitted of the charge. If they find the defendant guilty, then the matter will proceed to sentence.

Speak To A Criminal Lawyer Today

If you have been charged with a criminal offence in Queensland and are required to attend court, Mansia Bovey & Company Lawyers can help. Our experienced criminal lawyers can assist you to successfully defend the charges against you. To speak to a criminal defence lawyer today, contact Mansia Bovey & Company Lawyers.