Specialised Legal Advice

If the police want to speak to you in relation to a criminal offence they suspect you may have committed, then the first thing you should do is speak to an experienced criminal lawyer immediately.

Whether you have committed an offence or not, it is extremely important to speak to a lawyer who deals exclusively with criminal law in order to understand what implications may arise if you decide to speak to the police.

Getting urgent criminal law advice before deciding whether to speak to the police will ensure that you have an immediate understanding of what your rights are, and what to expect when the police have concluded their enquiries.

The consequences of not obtaining criminal law advice at this early stage can be significant, and can be the difference between being charged/released or being remanded in police custody/released on bail. If you or someone you know finds themselves in this situation, call us as soon as possible on 0401 326 326.

Being charged with a criminal offence can feel overwhelming and stressful. This is often because people who have been charged with a criminal offence may not know what to expect moving forward and are worried about the consequences if they are found guilty.

Regardless of whether or not you have committed the offence/s you have been charged with, it is important to have a criminal lawyer with experience review your charges and provide you with tailored advice as to what your options are. It is important to do this as soon as possible.

By getting advice early on, you can ensure you are properly prepared in understanding the charges against you, what the strength of the evidence is in respect of the charges, and what options are available moving forward.

Once we review your matter, we may suggest to you that we should:

1. Apply for a Spent Conviction Order, so that you do not have to disclose the conviction to your employer;
2. Negotiate with the prosecution to downgrade or dismiss charges; or
3. Proceed to trial, and provide you with pathways to defend the matter.

To find out what options may be available to you, contact us today by phone on 0401 326 326 or by email to [email protected]

Whilst no one ‘needs’ a criminal lawyer it is certainly helpful to have one, even just at the preliminary stages.

A lawyer who specialises in criminal law will be able to tell you important information which isn’t always readily available to learn on Google. This advice will often include:

1. An assessment on whether the charge/s against you have been properly laid;
2. Specific advice in relation to the strength of the case against you, including an assessment on whether there is evidence against you which may be inadmissible at law;
3. An opinion on whether there are prospects of negotiating your matter to a lesser charge;
4. A view on how successful a submission may be to invite the prosecution to discontinue the charge/s against you in their entirety;
5. Your prospects of having a conviction record if you plead guilty; and
6. Tailored advice regarding the penalty you can expect to receive, based on recent similar cases which have been dealt with by the courts.

To get advice in relation to your matter, contact our team by phone on 0401 326 326 or by email to [email protected]

When someone has been arrested and charged with a criminal offence, the police have the option to either release them until their next Court appearance or kept in custody. If they are kept in custody, they will be taken to a courthouse where they will then have the opportunity to apply to be released. This is called applying for bail.

The implications of being refused bail can be devastating, and can often impact someone’s employment and financial stability, relationships with loved ones and importantly their mental health. Because of this, it is important to note that if a bail application is made and refused, it can be extremely difficult to reapply for reconsideration. This is why it is critical to engage a lawyer who specialises in criminal law to apply for bail, to ensure the best chance of being release.

We have extensive experience with bail applications and are available over the weekend to help our client’s who find themselves requiring an urgent bail application.

If someone you know is in custody and requires an immediate application for bail, contact us by phone on 0401 326 326 or by email to [email protected]

When someone pleads guilty to an offence, they may not be sentenced straight away. This will ultimately depend on the type of charge they have pleaded guilty to.

If they have pleaded guilty to an indictable offence, they will need to be dealt with by either a Judge of the District Court or a Justice of the Supreme Court. This means that their sentencing date may not be for a few months.

In the event that they have pleaded guilty to a charge which can be dealt with in the Magistrates Court, they can be sentenced on the spot or on another day. This will ultimately depend on a few things, such as:

1. Whether the person needs time to arrange for and file with the court character references, letters of support or medical reports which may assist at sentencing.
2. Whether the person would like the opportunity to engage with a diversion program offered by the Court such as the Drug Court or Family Violence program.
3. Whether the Court considers that they would be assisted by various reports, such as a Pre-Sentence, Psychological or Psychiatric Report.

At a sentencing hearing, the Court will hear the facts of the offence/s you have pleaded guilty to. Thereafter, the prosecution and defence will have an opportunity to make submissions about matters the offending and matters personal to you which may impact the outcome of the sentencing hearing.

A criminal lawyer speaking on your behalf will ultimately present to the Court what is called a ‘plea in mitigation. This is where your lawyer will:

1. Explain how the offence/s came about;
2. Highlight factors which may reduce the overall seriousness of your conduct or your moral culpability;
3. Address the Court on things you have done to ensure you will not reoffend in the future; and
4. Inform the Court about your antecedents, such as your childhood, education, employment, mental health and relationships.

This process is extremely important, as the submissions which are made on your behalf can significantly impact the ultimate sentence you receive.

To speak to us in relation to your criminal charges and get advice about the sentencing process, contact us by phone on 0401 326 326 or by email to [email protected]

There is no limit to what charges can be dismissed by the prosecution. This can range from sexual assaults, drug offences and property offences to physical assaults, driving matters and offences involving threats. You can find out some of our success stories in having charges discontinued.

To speak to a criminal defence lawyer about whether your charges can be discontinued, contact us by phone on 0401 326 326 or by email to [email protected]

People often think that if they don’t want to plead guilty to the offence/s which they have been charged with, then they must go to trial. Whilst trial is certainly an option, there are sometimes other ways to resolve a matter without the need to wait months (or in some cases, years) to go to trial.

If you have a charge which you do not agree with, we may suggest inviting the prosecution to accept a downgraded charge. Often this will mean that the matter can be resolved quicker, with less cost to you and without a concern of a more burdensome penalty. In some cases, you may be entitled to a portion of your legal fees being reimbursed to you.

Other times, we may recommend that we write to the prosecution and invite them to discontinue the matter entirely. This usual happens in circumstances where we consider that the evidence in the matter is weak, the defences are strong, or if the prosecution of the charge is not in the public interest.

We are highly experienced in resolving criminal matters and do so on a case-by-case basis. You can find out some of our success stories in negotiating matters.

To speak to a specialised criminal lawyer about whether these options may be open to you, contact us by phone on 0401 326 326 or by email to [email protected]

Yes.

There is no limit to what charges can be dismissed by the prosecution. This can range from sexual assaults, drug offences and property offences to physical assaults, driving matters and offences involving threats.

You can find out some of our success stories in having charges discontinued.

To speak to a criminal defence lawyer about whether your charges can be discontinued, contact us by phone on 0401 326 326 or by email to [email protected]

Having a criminal conviction recorded against your name can be problematic, particularly when travelling overseas or when applying for a change of employment.

Fortunately the Courts recognise that there are special instances where the benefits of allowing a conviction to be spent outweigh the need to record the conviction.

At the time of sentencing, the Court may consider an application to have the conviction ‘spent’. If granted, the conviction will not appear on a National Police Certificate and that person is considered to have no criminal history.

It is important to know that there are special considerations the Court must take into account when considering a spent conviction application, and that if not made out properly the conviction will be recorded for a number of years. This is why it is important to speak to a criminal lawyer with experience about whether your prospects of a spent conviction application.

To speak to a criminal defence lawyer today about your matter, contact us by phone on 0401 326 326 or by email to [email protected]

If you or someone you know finds themselves in a position where they have been served with a Misconduct, Violence or Family Violence Restraining Order, it is important to get immediate legal advice. Failure to do so can often result in criminal proceedings in circumstances where the order has been breached, even when invited by the protected person to do so.

It is important to ensure you have read the order thoroughly and speak to a lawyer who has experience dealing with restraining orders, so that you understand what your options are. You may be advised to consider:

1. Making an application to vary the order, if the terms are causing you hardship;
2. Making an application to cancel the order, if the protected person has persistently invited, encouraged or attempted to cause you to breach the order;
3. Negotiating to resolve the matter by way of a Conduct Agreement or Undertaking; and
4. Obtaining key documents and witnesses to assist in responding to an application made against you for a restraining order.

To speak to our team about how to deal with your restraining order, contact us by phone on 0401 326 326 or by email to [email protected]