Criminal Law
Criminal Law
Our dedicated team of criminal defence lawyers are available to assist you if you are suspected of criminal wrong-doing. Our lawyers are available to provide advice about how to handle the police interview and to represent you in court.
Our lawyers understand that being accused by the police of wrong-doing is confronting and the thought of going to court is daunting. In a time like this, you will be unsure who to trust. Our criminal defence lawyers will stand by you along every stage of your case to ensure that your rights are protected and you are being heard. Our lawyers’ personal approach to matters is to listen to our clients, address their fears and offer clear advice to make sure they understand what they are up against. Our lawyers are experienced court advocates and have achieved wonderful outcomes for our clients in the past charged with all offences such as – traffic offences, assaults, drug offences, thefts, burglary, car-jacking, robbery, armed robbery, fraud, firearm offences, family violence offences, council matters, manslaughter and murder.
Police Interviews
The police will invite you to attend the police station for an interview if they suspect you have committed a crime. They may do this by calling you and making an appointment or by coming to your home or place of work and arresting you for the purpose of an interview. The police interview is an important process in their investigation and is designed to elicit admissions or a version of events from you which is inconsistent with the evidence. This is to lock you into a guilty plea or undermine your credibility. Therefore, you should contact our firm to speak with one of our criminal defence lawyers before you speak with the police, regardless of how serious or minor the allegation is.
You must preserve your position and realise that the police will use any bit of information they can if it advances their case against you.
One of our lawyers can provide you with pre-interview advice and sit in on the interview with you to make sure you do not say anything you are not obliged to say. It is easy to feel overwhelmed at the police station and say things which can help the police prove the charge against you in court. The police interview will determine the direction of your case in court. Our lawyers stand between our clients and the investigating police officer and correspond with the police on their behalf. This stops the risk of our clients saying something they shouldn’t over the phone or in email.
Bail Applications
In some circumstances the police will either charge an accused and release them on summons or bail with an expectation that they attend court. However, there are other instances where the police will try to remand an accused in custody until their next court date. This may be because the person is charged with a serious criminal offence or is already on bail for other offences. In this case, the accused will be given an opportunity to apply to the court for bail. Our lawyers are experienced court advocates and have appeared in hundreds of bail applications in the Magistrates’ and Supreme Court. Our lawyers are familiar with different support services which are available to increase the prospects of bail being granted.
Bail is fundamental to the presumption of innocence. Other than the obvious benefit of not being remanded in custody, bail is important because it allows an accused person to remain in the community to undergo courses, continue to work, freely speak with their lawyer and access evidence that may be helpful to defending their case.
If your loved one is in custody and would like to apply for bail, we can assist. We can review the remand brief, offer the best strategy to increase the prospects of bail and appear at the bail application.
Pleading ‘Not Guilty’
In our criminal justice system, the prosecution must prove their case an accused beyond reasonable doubt. This means that an accused person does not have to disprove that something did or did not happen. If you have been accused of a crime and deny all or some aspects of the allegations, you will be given an opportunity to plead ‘not guilty’ and contest the charges in court. Our skilled defence lawyers have represented many people who deny the allegations made against them and have persuaded prosecutors to withdraw the charges before court and achieved ‘not guilty’ verdicts.
Being accused of a crime you did not commit can be damaging to your reputation, your work and relationship with your family. Our lawyers will dedicate themselves to your case and formulate a defence to achieve a withdrawal of charges or an acquittal. Our lawyers do this by looking for evidence and speaking with witnesses who the police have over-looked. Our lawyers also offer advice on how to discretely deal with your case to reduce further embarrassment.
Pleading ‘Guilty’
Your case will be booked in for a plea hearing if you decide to plead guilty to police charges. The plea hearing will be your opportunity to persuade a court to impose a merciful penalty by considering material presented on your behalf. Before you decide to pleading guilty, you should get advice from one of our criminal defence lawyers who can advise you of:
- If pleading guilty is the right thing to do
- The penalty you will likely receive
- If you will have to pay restitution
- Any impact on your driver’s licence
- Any impact on your working with children check, security licence, firearm licence
- The impact on your criminal history.
In some instances, an accused person may decide to plead guilty to the charge, but disagree with how the prosecution describe the circumstances of the offending in the summary which is read to the court. This must be sorted out before a plea of guilty is entered, because by pleading guilty, you are agreeing to the summary.
Our lawyers will prepare a plea strategy for you by helping you – engage with a counsellor, undergo relevant courses, and obtain character references from your family, friends and colleagues. Simply going to court and asking for the court’s leniency without showing that you have addressed the cause of your wrong-doing will not always be enough. Our lawyers’ approach is to be prepared and get it right the first time. Your plea hearing is your opportunity to present yourself to the court in the best possible light. We regularly see people appeal their penalty because they did not use their time before court wisely and received an outcome they regret.
Security and Firearm Licence Submissions
Your security or firearm licence (‘Licence’) may be suspended if you have been charged with a criminal offence. In some instances, you may rely on your Licence for employment and cannot afford to be out of work until the finalisation of your case, which would take years. Our criminal defence lawyers can write a submission to the Licence and Regulation Division of Victoria Police, who issue Licences, to try to persuade them not to interfere with your Licence. There is a due date for when you must file a submission with the Licence and Regulation Division, so you should act promptly in getting legal advice about your options.
Our specialised criminal defence lawyers are available to assist you with your criminal law matter. Our lawyers are highly experienced in all police charges heard in the Magistrates’ Court, the County Court and Supreme Court. Choosing a lawyer to represent you in a criminal matter can make a difference on the outcome you receive. Be sure to pick a lawyer who is experienced, knowledgeable, confident and dedicated to your case.