When a person is charged with a criminal offence, one of the first steps they need to take is securing legal representation. For many, it’s their first time dealing with the court system and engaging a defence lawyer. In that situation, understanding the role of a defence lawyer can make a confronting process feel more manageable.
You will find that a defence lawyer’s job extends well beyond arguing in court. They advise clients at every step, challenge the evidence, negotiate with prosecutors, and advocate for fair outcomes. Their role is both technical and strategic. And just as importantly, it’s human. A good defence lawyer helps clients understand the legal process, make informed decisions, and feel supported during one of the most stressful times of their lives.
What Does a Defence Lawyer Do?
Defence lawyers represent individuals who are facing criminal charges. They defend them. They are responsible for protecting their client’s legal rights and ensuring they receive a fair process under the law. That includes testing the strength of the prosecution’s case, advising on the available legal options, and appearing in court to advocate for an outcome that reflects both the facts and the circumstances of the individual.
In Victoria, a defence lawyer may be a solicitor, a barrister, or part of a team that includes both. Solicitors generally handle the day-to-day management of the case, including communicating with clients, briefing barristers, engaging experts, and preparing evidence. Barristers are typically engaged when matters proceed to a contested hearing or trial, where they take the lead on courtroom advocacy.
In either role, the objective is the same: to act in the client’s best interests while working within the framework of the law. This involves legal analysis, negotiation, procedural work, and strategic decision-making.
The Defence Lawyer’s Role at Each Stage of a Case
The work of a defence lawyer evolves significantly as a case progresses from the initial police contact through to resolution.
At the time of arrest or investigation
If someone is contacted by police, a defence lawyer can advise them before any formal interview takes place. In some cases, early legal advice may prevent charges altogether. In others, it may protect the client from making admissions or statements that could later be used against them.
Early intervention by a lawyer may help clarify the facts before the matter escalates. They can advise on whether to participate in a “record of interview” (formal police questioning), attend the police station if required, and begin gathering material that supports the client’s version of events.
When charges are laid
Once charges are filed, the lawyer’s focus turns to analysing the evidence and advising the client on the path ahead. This includes reviewing the brief, identifying any gaps or inconsistencies in the prosecution’s case, and determining whether further information is needed. If the client is in custody, a bail application may be required. Bail laws in Victoria are complex, and the lawyer must present a compelling case for release, often under tight timeframes.
A successful bail application may require evidence of stable housing, family support, and a structured daily routine. All of which must be prepared and presented clearly.
During case preparation
As the matter progresses, the lawyer works to build the defence. This might include briefing a barrister, engaging experts, identifying legal arguments, and clarifying what evidence is likely to be contested. In indictable matters, the case may proceed to a committal hearing, where the defence can cross-examine key witnesses to test the strength of the evidence.
Cross-examination during the committal may reveal inconsistencies in the witness’s account. That evidence can later form the basis of a trial defence or be used to negotiate a resolution on different terms.
At plea or trial
Where a client instructs to plead guilty, the lawyer’s focus turns to preparation for sentencing. This involves gathering character references, expert reports, and other material that contextualises the offence and supports a more lenient outcome.
If the matter proceeds to trial, the defence lawyer plays a central role in presenting the case. This includes preparing the client to give evidence (if they choose to), cross-examining prosecution witnesses, and delivering legal arguments that challenge the prosecution’s version of events.
Protecting Clients and Fair Processes
One of the most misunderstood aspects of criminal defence is the belief that lawyers are simply trying to get “guilty people off.” In reality, defence lawyers are there to protect the fairness of the process, regardless of whether the client admits guilt or denies it.
They ensure the state follows its own rules:
- That evidence is gathered lawfully
- That confessions aren’t coerced
- That the burden of proof remains with the prosecution.
This work protects both the client and the integrity of the justice system for everyone.
Legal and Ethical Responsibilities
Defence lawyers are officers of the court. This means their duties are not just to their clients but also to the legal system itself. They must act honestly and ethically at all times, even when that means giving clients advice they don’t want to hear.
For example, a lawyer cannot allow a client to give evidence they know to be false. If a client says they want to testify with a fabricated alibi, the lawyer must advise against it and may be required to withdraw from the case if the client insists.
Working with a Defence Lawyer: What to Expect
A good defence lawyer helps their client understand what’s happening, what’s at stake, and what the options are at each stage.
This includes:
- Advising clearly on the strengths and weaknesses of the case,
- Preparing the client for court appearances,
- Communicating with family or support people where needed,
- Helping source character references, reports or rehabilitation options.
In many cases, it’s the relationship with the lawyer that makes the difference. A person facing charges may feel overwhelmed, ashamed, or afraid of what lies ahead. A calm, professional, and realistic defence lawyer helps them navigate the process with clarity and confidence.
When to Contact a Defence Lawyer
Too often, people wait until things escalate (charges laid or court dates looming) before contacting a lawyer. In most cases, the earlier a defence lawyer becomes involved, the more they can do. They may even be able to resolve issues before charges are filed.
If you’ve been contacted by police, are under investigation, or have already been charged, speaking to a defence lawyer as soon as possible is critical. The decisions you make early can affect the rest of your case.
At Galbally Parker, we’ve worked exclusively in criminal defence for nearly five decades. We know what’s at stake and work closely with every client to ensure their rights are protected and their voice is heard.
Contact our team to arrange a confidential consultation and get the guidance you need at this critical time.
