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Looking for a Civil Rights lawyer? Have you suffered from a violation of your rights? Are you now considering what steps you want to take? No matter your reason for seeking legal counsel, we at James & Jaramillo are here to guide you every step of the way.
Time is of the essence when it comes to seeking legal services. Receiving advice on time can be the difference between a favourable and unfavourable result for your case. After your free initial consultation, if we are of the opinion that your case has a high probability of success, we will represent you on a no-win, no-fee basis. You will not incur further legal costs out of your pocket to have your matter heard in Court.
Understanding whether or not you have a human rights claim is a crucial first step in finding a civil rights lawyer for legal action. You must find a trusted law firm when inquiring about your case. If you are looking to hire a civil rights lawyer in Australia for human rights issues, call James & Jaramillo for any inquiries.
We do not simply stop at winning your criminal trial, hearing, or getting the charges withdrawn. You become a victim of the criminal justice system, and if your civil rights are impinged upon by the State, we will fight for your compensation or, at the very least, your legal costs. More importantly, at the end of the proceedings, our clients feel they finally have closure. Their reputation has been restored, and they can move on with their lives.
Our lawyers are committed to providing the best legal defence possible for all our clients. Every case is a top priority for JJ Lawyers. JJ Lawyers have experienced professionals that will fight a wide range of human rights violations.
One of the easiest ways to assess a situation for a claim is to ask, “Did an intentional tort occur?” An intentional tort is a trespass against the person seeking defensive counsel. This means that someone committed a wrongful act against you on purpose.
The most common intentional torts are assault and battery, though many more transgressions fall under this category. If you believe this applies to you, an intentional tort lawyer will represent you in Court for this human rights violation.
Intentional Torts consist of the following torts:
There is a further tortious action, namely proceedings to recover damages for malicious prosecution.
You can bring intentional torts to claim against the Australian Federal Police, NSW Police or any other policing agency from another State or Territory. It is not just limited to a police agency. You can also bring action against the Director of Public Prosecutions (DPP) or Corrective Services.
No matter who you are or where you are from, you have the right to basic civil rights. It is important that you know what you are entitled to and that you understand your options. Being charged with an offence will always be a stressful matter, but it is one that you don’t have to be alone in.
The right civil rights lawyer is empathetic and understanding. They will want to connect with and fight for you in court. If you are looking for a civil rights lawyer in Australia, we are the best people for the job.
If you believe you have been the victim of a rights violation, contact us at your earliest convenience. We are happy to answer any inquiries you have about our services and how we can best serve you. No matter your needs, our firm will use all available resources to bring your transgressors to justice and return your peace of mind.
Here we will answer some frequently asked questions regarding our legal services at James & Jaramillo.
As a firm, we are passionate about protecting your civil rights. After your free initial consultation, if we are of the opinion that your case has a high probability of success, we will represent you on a no win, no fee basis. You will not incur any further legal costs out of your own pocket to have your matter heard in Court.
Lawyers often describe an assault or battery from the Police as excessive use of force. Police are allowed to use force as long as it is just, necessary and reasonable. If you have experience an assault or were “roughed up” by Police, come for an initial consultation and we will advise you if you have a case against police.
The legal definition of an assault was described in the case of R v Burstow; R v Ireland [1998] 1 AC 147. An assault is any act and not a mere omission to act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful violence.
The legal definition of a battery is a voluntary and positive act, done with the intention of causing contact with another, that directly causes that contact.
Battery cases are often wrongly referred to as an assault cases. Although often they can go hand in hand the difference is that the defendant must have intended the consequence of the contact with the plaintiff. The contact itself does not need to cause the plaintiff to apprehend immediate and unlawful violence.
Simply put false imprisonment is when a person is restrained unlawfully. In order to prove false imprisonment it has to be an intentional, total and direct restraint on a person’s liberty.
In the case of Cowell v Corrective Services Commission (NSW) (1988) 13 NSWLR 714; an inmate was held in detention (gaol) beyond their term of imprisonment. Correctives argued that it was an honest mistake but the Court held that it was still an intentional act and a total and direct restraint on the person’s liberty, so it was still false imprisonment.
If you liberty has been taken from you by police or other authorities come for an initial consultation and we will advise you if you have a case for false imprisonment.
Malicious prosecution is committed when a person wrongfully and with malice institutes or maintains legal proceedings against another. It is often very difficult to prove malicious prosecution. The High Court of Australia provided a decision about the elements that need to proven for a malicious prosecution in the case of Beckett v NSW (2013) 248 CLR 432 at paragraph 4:
“…the plaintiff must prove four things: (1) the prosecution was initiated by the defendant; (2) the prosecution terminated favourably to the plaintiff; (3) the defendant acted with malice in bring or maintaining the prosecution; and (4) the prosecution was brought or maintained without reasonable probable cause.”
We operate on a no-win, no-fee basis. However, that is not to be confused with ‘Pro Bono’. Please contact us to find out more or to book a free consultation.
JJ Lawyers provides exceptional representation at convenient locations. Your case is our top priority, and we are a company that values our clients above all else. Transparency, empathy, trust, and persistence are what drive us. We don’t tell you what you want to hear but what you need to know.
Here at James and Jaramillo, we believe that understanding is the first step in handling a civil rights issue. In this time of discomfort and uncertainty, you want someone on whom you can depend. Our foremost goal is to keep your best interests in mind.
We take the time to understand the complexities of each of our client’s individual situations. We educate our clients on their options to make the process as stress-free as possible and allow them to make their own decisions. Hiring a civil rights lawyer should not be an additional hassle for you. Let us make things easier.
Justice is not only for certain people; it is what everyone deserves, including you. If you believe you need a civil rights lawyer in Australia, call James & Jaramillo at (02) 8005 3075 for a free consultation regarding your case.
Some law firms only take clients whose cases will require minimal effort to close. In that instance, the case might not always be seen for its true severity. Here at James & Jaramillo, your success is our number one priority. With us, you’ll receive a free consultation, and, if we determine that there is a high probability of your case being successful, we will take the case.
Additionally, we operate on a no-win, no-fee basis. You will have your case heard in front of a court for no additional cost to you, and if we cannot produce results, our services will be pro bono.
If you choose JJ Lawyers, we can guarantee transparent, cost-effective, and honest representation. With James and Jaramillo, you can rest assured that our strong litigation team will be able to support you, whatever your case may be.
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Our vision is to ensure everyone, regardless of their background, has their voice heard in Court. We do not tell our clients what they want to hear but what they need to hear. We pride ourselves on our responsive, honest, and professional representation. We will be your trusted advisors from the start until the end of your matter.
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