Job of a Singapore Criminal Defence Lawyer: Part 2
… continued from part one …
Many clients or prospective clients undergoing investigations or who are facing criminal charges ask me questions similar to the following:
Why should I engage a criminal lawyer? What can a criminal lawyer do for my case? After paying my criminal lawyer money, will my case be dropped? Will my sentence be definitely or confirmed lighter if I engage a criminal lawyer?
These are never easy questions to answer. I will describe the jobs of criminal defence lawyers in Singapore over this two-part article.
Generally, criminal defence lawyers in Singapore are responsible for representing individuals who have been accused of committing a crime. Our job is to provide legal advice, guidance, and representation to our clients throughout the criminal justice legal process. This includes conducting legal research, preparing defence strategies, negotiating with prosecutors, and representing our clients in court. The ultimate goal of criminal defence lawyers is to ensure that our clients’ rights are protected and to achieve the best possible outcome for their respective cases, which cannot and do not always involve acquittals. The following are some ways in which we provide our professional services.
Conducting a criminal trial: A criminal trial in Singapore is a legal proceeding in which the prosecution presents evidence to prove that an accused is guilty of committing the criminal offence he has been charged with. The accused has the opportunity to present evidence and witnesses in his defence. The trial is presided over by a judge, who will ultimately make a decision on the accused's guilt or innocence. If the accused is found guilty, he will be sentenced by the judge after hearing any address on sentence and any plea in mitigation.
In this complex and critical process, the experience and professional skills of a criminal defence lawyer will definitely be vital and invaluable, but to say the least. A competent criminal defence lawyer will responsibly prepare both you and your defence to withstand and undergo the rigours of trial. A proficient criminal lawyer will strategize your defence to enable your best case on the available evidence to be set forth.
The highlight of most trials will very often be the examination of the witnesses who testify in court. There will be prosecution witnesses and more often than not, at least the accused will testify in his own defence. Sometimes, experts like doctors and forensic specialists will be called for more serious or complexed cases. Physical evidence may also be produced in court where required or relevant.
Each witness who testifies in court goes through in chronological order, the following evidential processes: examination-in-chief, cross-examination and re-examination.
Examination-in-chief is the initial questioning of a witness by the party who called them to testify in a court proceeding. This questioning is intended to elicit information and evidence that supports the party's case. It is typically conducted in a direct and open-ended manner to allow the witness to provide their account of events without interruption.
Cross-examination is the questioning of a witness by the opposing party or his lawyer during a trial or other legal proceeding. The purpose of cross-examination is to challenge the witness's credibility, test his knowledge of the facts, and elicit information that may be favourable to the cross-examiner's case. It is an important part of the legal process that allows both sides to present their arguments and evidence to the Court.
Re-examination in a trial is the process in which a witness who has already been cross-examined by the opposing party is questioned again by the party who originally called the witness to the stand. During re-examination, the party can ask the witness additional questions to clarify or expand upon his previous testimony. This allows the party to address any issues raised during cross-examination and reinforce the witness's credibility and the strength of his testimony.
Conducting a criminal appeal: In Singapore, a criminal appeal is a process where a convicted individual or the prosecution can challenge a decision made by a lower court in a criminal case. The appeal is typically heard by a higher court, such as the Court of Appeal, which reviews the legal and factual aspects of the case to determine if any errors were made in the original trial. The purpose of a criminal appeal is to ensure that justice is served and that the correct legal principles were applied in the case.
Attending to the drafting and preparing of the necessary papers and legal arguments is both complexed and daunting. The making of the necessary oral arguments and submissions at the hearing of the appeal itself require immense skill in legal oral advocacy, a wealth of experience and quite often, depth in an advocate’s character.
A competent and passionate criminal defence lawyer will responsibly prepare both you and your appeal to withstand the rigorous scrutiny of an appellate Court. A proficient criminal lawyer will strategize your appeal to enable your best case on the law and on the available evidence to be argued, so that your fundamental rights stay protected and well-guarded.
…. End …